STILLWATER TOWNSHIP COMMITTEE MEETING

December 7, 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: November 9, 2021 Regular and Executive Session Minutes: A motion was made by Mr. Fisher to adopt the regular and executive minutes of November 9, 2021, seconded by Mrs. Rumsey

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

DISCUSSION: Mr. John Torregrossa, President of Lake Plymouth Community Association, came to discuss their new application for dam repair at Lake Plymouth. Their previous application was approved but the funding was not enough to go forward with the project so Lake Plymouth was re-applying for additional funding. Mayor Chammings asked what prompted the very large increase. Mr. Torregrossa said it was raised so high as insurance to ensure all costs would be covered. Mrs. Rumsey asked if the load was not paid was the township liable for the loan. Mr. Torregrossa said yes that was true. Mr. Bolcato noted he could discuss the potential exposure of the township to the township committee in executive session. Mr. Scott agreed the discussion should continue in executive session scheduled right after the regular meeting.

Mrs. Susan Smith of Lake Plymouth added the large amount asked for is to make sure there would be unforeseen costs later that could not be paid.

BILLS LIST #18: $777,028.38

RESOLUTION 2021-150 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 November 9, 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 2021-150, 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 the township has been negotiating with the DPW for their 2022-2024 contract and Mr. Vex, Labor Attorney, will be discussing the final agreement with the township committee later in executive session.

Mr. Scott also reported the annual tree lighting will be held at the community center on Friday, December 10, 2021 from 6 to 8 p.m. with Santa in attendance. There will also be a gift wrap event the following day at the community center. Bring your presents, wrapping paper and tape and volunteers will wrap the gifts for you.

Mr. Barta asked Mr. Scott about a shed for Kittatinny Little League to be placed at Stillwater Park. Mr. Scott said the shed would be put near the fence which was not the first choice but the location selected checked off all zoning requirements.

Mr. Barta reported the Planning Board discussed a tree removal plan for homeowners. Mr. Barta said the Air BnB discussion had been tabled because the board did not feel regulations were needed at this time and the Environmental Commission beautification program has ended. The Planning Board also discussed the use of biobags in Fairview Lake.

Mr. Fisher reported he will meet John Nelson of CLAPO on December 14, 2021 to discuss other potential egress roads in lower Crandon Lakes.

Mrs. Rumsey reported the school board thanked the DPW for helping with the recycling. Mrs. Rumsey also reported the Green Thumb Garden club received an award, Christine Pagano is teacher of the year and Lisa Roycroft the Service-professional of the year. School families also stuffed the bus for Benny’s Bodega.

Mr. Barta also reported on the school board meeting discussing the vaccination of children. Mr. Barta said a concerned citizen asked the school board their opinion on the vaccine for children 5 to 11 years old and if they were considering a mandate for children to be vaccinated. Mr. Barta said Mr. DeGroat, President of the School Board, said they were unable to comment and only the governor could mandate vaccinations. Mr. Barta noted the school received a $4000 reimbursement for FEMA and were considering accepting funding from an Ester Grant but were unsure if accepting the Ester Grant funds would make the school board require vaccinations for the 5 to 11-year-old students. The school board was assured by the Ester Grant representatives the two were not connected.

Mrs. Rumsey reported the community center continues to be extremely active and thanked the clerk for coordinating event calendar. Mrs. Rumsey thanked the Recreation Commission for so festively decorating the community center. Rumsey noted there is a Senior Tea on December 15, 2021 from 2-4 p.m. and a 4H cooking group starting soon. Mrs. Rumsey said because the community center is so heavily used there is now a trash problem. Mrs. Rumsey said she and the clerk discussed getting dumpsters for the community center. The clerk discussed pricing obtained from Waste Management and Sanico. Mayor Chammings felt a two-yard refuse and two-yard recycling dumpsters would be adequate. By Motion of Mayor Chammings seconded by Mr. Fisher and unanimously approved to encumber Not to Exceed $250 per month for:

1 – 2-yard front Load Container for trash removal services once a week

1 – 2-yard front Load Container for Single Stream Recycling removal – every other week.

Mrs. Rumsey also noted the roof project at the community center would be put off until next year. Mayor Chammings added the delay is the township must get architectural drawings before going out to bid.

Mrs. Rumsey said operation Santa will happen on December 18, 2021 and if you would like to have Santa deliver a gift to a child to please contact the fire company. Mrs. Rumsey noted for Thanksgiving the fire company cooked and delivered fifty-seven (57) dinners to residents in need and this year Boy Scout Troop 83 helped the fire company deliver the meals and wish those residents a Happy Thanksgiving!

Mrs. Rumsey also noted past Fire Chief Steve Debilis passed away and the funeral will be held on Friday, December 10, 2021 at 3:00 p.m. with the repass to follow immediately at the fire house.

Mrs. Rumsey congratulated Marcia Bradley, Stillwater CERT Coordinator, for winning the home-town hero award from Congressman Gottheimer. Both the clerk and Mayor Chammings nominated Marcia and all agreed she is an outstanding and self-less volunteer.

Mayor Chammings said Mr. Scott mentioned to her that proclamations were always prepared for departing volunteers who served on Stillwater boards and commissions to thank them for their achievements and accomplishments while serving the township and feels the tradition has been forgotten in the last few years. Mayor Chammings feels there are retirees from the township during COVID who also should be recognized. The Township Committee will look to thank these individuals correctly in 2022.

Mayor Chammings reported the place to go for information on COVID-19 vaccines, boosters and flu shots is on the Sussex County Board of Health website page. All pop-up and other clinics are listed with days, times and what you can do and not do at each location.

Mayor Chammings noted the Sussex County Board of Health will be auditing the schools shortly to see how many students are vaccinated etc. and it is up the County BOH not the schools’ boards of education who oversee this activity.

Mayor Chammings said for technology she is looking to see what the best storage options would be for the township’s records.

Mayor Chammings noted the township received reimbursement grants from FEMA for the winter storm and from NJDOT for the Old Foundry Road project. The township is also waiting for a FEMA reimbursement for the August storm but files were either corrupt or lost and she is working with FEMA representatives and the NJ State Police to square away the paperwork. Mayor Chammings thanked everyone involved with the grants.

Mayor Chammings reported the Zoning Board of Adjustment met on November 22, 2021. An appeal was deemed complete but more information was requested from the applicant, the Stillwater Presbyterian lot line adjustment was discussed and a pole barn application was approved.

Mayor Chammings said Debra Carter had sent the governing body a survey prior to staring the town hall job description and procedure work. Mrs. Carter is looking to see what the governing body’s goals are for her prior to meeting with them.

AMENDMENTS TO AGENDA

Resolution 2021-156 will be added to new business. Mr. Scott would like to add advertising for Municipal Attorney and Municipal Auditor for 2022 under discussion and Mr. Fisher would like to know what the Municipal Engineer ideas were to keep tractor trailers off Mount Benevolence Road. The clerk said she had not spoken with the engineer yet and this item was tabled until the December 21, 2021 meeting.

OPEN PUBLIC SESSION:

Kathy Draghi, 1016 Route 619, asked why there were two identical supply bills on the bills list for Mountford Co. The clerk will check with the CFO to see why. Mrs. Draghi asked about the planning board discussion regarding tree removal because a new homeowner on the lake has cleared many trees replacing them with a nice rock wall. Mrs. Draghi is concerned because after a rain she drove past this home and the water was pouring off the property (higher than the road) and literally went over the hood of her jeep. Mrs. Draghi also noted the are many Air BNBs in Stillwater and questioned why the township was not permitting the establishments at a minimum. Mr. Fisher discussed what regulations the Township of West Milford has in place for Air BNBs (Mr. Fisher works for the building department in West Milford).

Dawn Delaney, Stillwater Recreation Commission Chairperson, asked if the cookie exchange information for December 15, 2021 was given to the township. The clerk said it was not but there is no conflict so the commissioner will send in the form and the clerk will put the event on the calendar.

Mrs. Delaney wanted to thank the governing body for supporting many of the Recreation Commission’s requests in 2021. Mrs. Delaney said all commissioners chose an event in 2021 and completed the projects with great success and she wanted to thank them all noting she loves a well working team.

Seeing no one else 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 a quote for an LSRP and for a preliminary assessment of 992 Fairview Lake Road. The clerk will use the scope of work to request additional quotes for the project. The clerk noted the CFO said they may do a resolution not to exceed $10,000.00 to hold the funds for availability next year. Mayor Chammings also noted Cheryl Kraus is also working with the DEP to put in writing that the DEP will work with the township on the lien imposed on this property.

NEW BUSINESS:

ORDINANCE 2021-17 AMENDING CHAPTER 289 ENTITLED “PARKS AND RECREATION AREAS” Introduction [Public Hearing and Adoption 12/21/21]

WHEREAS, the Township Committee adopted Ordinance 2021-08 on July 20, 2021 entitled “Temporary Lighting”; and

WHEREAS, the Township Committee desires to amend Chapter 289 in order to correct the Ordinance section number and designate the enforcing authority for the temporary lighting ordinance.

NOW, THEREFORE, BE IT ORDAINED by the Stillwater Township Committee, Sussex County, New Jersey, as set forth herein:

SECTION 1.

Ordinance 2021-08 is amended to correct the Code section number from 289-8 to 289-9, “Temporary Lighting” and to change the time from “8:00pm.” to “8:30pm” and to add the following at the end of the Ordinance: “The Township’s Code Enforcement Officer is authorized to enforce this Ordinance.”

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 Introduce Ordinance 2021-17 seconded by Mrs. Rumsey. Roll Call
Vote: Mr. Barta, yes, Mrs. Rumsey, yes, Mr. Scott, yes, Mr. Fisher yes, Mayor Chammings, yes.

ORDINANCE 2021-18 AMENDING CHAPTER 10 “ADMINISTRATION” ARTICLE XXIV OF THE TOWNSHIP CODE, ENTITLED “FIRE DEPARTMENT” Introduction [Public Hearing and Adoption 12/21/21]

WHEREAS, the Township Committee desires to amend Chapter 10, Article XXIV in order to revise Section 10-112 “Members” to allow for Junior Members to join the Stillwater Township Volunteer Fire Department and make additional changes as detailed in this Ordinance.

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

SECTION 1:

Code Section 10-112, “Members”, is deleted in its entirety and replaced with the following:

§ 10-112. Members

A. Regular Members

No person shall hereinafter become a Regular Member of the Stillwater Township Volunteer Fire Department, or any unit thereof, unless the person is:

(1) a citizen of the United States above the age of 18;

(2) physically fit to perform the duties of a firefighter, evidenced by a certificate to that effect by a practicing physician licensed by the State of New Jersey after physical examination for that purpose; and

(3) of good moral character and has not been convicted of any criminal offense involving moral turpitude.

B. Junior Members

Admission, duties, and responsibilities for Junior Members shall be as provided for in the By-Laws of the Stillwater Area Volunteer Fire Company, the fire company’s standard operating guidelines (SOGs) and the laws of the State of New Jersey for Junior Members. In order to become a Junior Member, the person must:

(1) be between the ages of 14-18 years old; and

(2) be physically fit to perform the duties assigned to a Junior Member, evidenced by a certificate to the effect by a practicing physician licensed by the State of New Jersey after physical examination for that purpose.

C. Any present or new member of the Department over the age of 57 shall not be eligible for relief benefits from the Stillwater Township Firemen’s Relief Association.

SECTION 2:

Code Section 10-114 “Exempt Certificates” is deleted in its entirety and replaced with the following:

§ 10-114. Exempt Certificates

Any member of the Fire Department shall be entitled to an exempt firemen’s certificate when it appears that at the time of their appointment the member met the requirements of N.J.S.A. 40A:14-56 and that the member performed, during a period of seven (7) years, 40% of fire duty in each year respectively.

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 that are 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 immediately upon adoption and publication in accordance with law.

A motion was made by Mrs. Rumsey to Introduce Ordinance 2021-18 seconded by Mr. Fisher. Roll Call Vote: Mr. Barta, yes, Mrs. Rumsey, yes, Mr. Scott, yes, Mr. Fisher yes, Mayor Chammings, yes.

ORDINANCE 2021-19 AMENDING CHAPTER 55 “PERSONNEL POLICIES” BY ADDING A NEW ARTICLE V “NEPOTISM” [Public Hearing and Adoption 12/21/21]

WHEREAS, the Township Committee has determined that the Code of the Township of Stillwater needs to be amended in order to include a policy against nepotism.

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

SECTION 1.

Chapter 55, Personnel Policies, shall be amended to include a new Article V, Nepotism, as follows:

Article V – Nepotism

§55-15. Enactment.

The Township Committee of the Township of Stillwater declares that an anti-nepotism policy should be enacted.

§55-16. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

APPOINTED OFFICIAL — An individual, appointed either by the Mayor and/or Township Committee of the Township of Stillwater, to any “local government agency” as that term is defined within N.J.S.A. 40A:9-22.3(e) and includes, but is not limited to, appointees to the Zoning Board of Adjustment, Planning Board, and any other agency or board within the Township of Stillwater, as well as any other independent local authority or entity created by the Township of Stillwater, which performs functions other than of a purely advisory nature and/or one in which the members receive compensation.

ELECTED OFFICIAL — The elected members of the Township Committee of the Township of Stillwater.

Wherever and whenever this chapter mentions or references “family member” or “relative,” same refers to a spouse; child; parent; sibling; grandparent; grandchild; father-in-law; mother-in-law; brother-in-law; sister-in-law; stepfather; stepmother; stepsibling; half-brother; half-sister; nephew; niece; first cousin; aunt; uncle; foster child; domestic partner or cohabitants as defined by the New Jersey Civil Union Act.

§55-17. Hiring and supervision of employees.

A. No person who is a relative or family member of any Elected Official of the Township shall be considered for employment as an employee of the Township. This applies to full-time, part-time and seasonal employment. This shall not restrict nor prohibit the continued employment of individuals to a position or positions with the Township where a relative or family member of a permanent employee is elected after the date of the permanent employee’s start date of employment with the Township.

B. No Elected Official can serve as liaison to any department that employs any person that is a relative or family member of the Elected Official.

C. No municipal employee shall be in a position that provides supervision over a relative or family member. This precludes the acceptance of applications for full-time, part-time or seasonal employment from relatives or family members for positions in the same department where supervision conflicts exist or, through promotion, potential conflict could exist. This policy does not apply to present employees of the Township.

D. These policies are not for the purpose of depriving any citizen of an equal chance for a government job, but solely to eliminate the potential for preferential treatment of the relatives or family members of government personnel or Elected Officials. These policies will not deprive any permanent employee as of the date of these policies of any promotional right in the normal career development nor change the existing status of any permanent employee. None of these policies apply to any unpaid volunteer positions.

§55-18. Promotion of existing employees.

No Elected Official, Appointed Official or supervisor may participate in the promotion process, or any other personnel matter, of any existing municipal employee who is a relative or family member of such Elected Official, Appointed Official or supervisor.

§55-19. Appointments.

A. No relative or family member of an Elected Official shall be appointed to the position of any municipal professional who receives compensation, or to any “local government agency” as that term is defined within N.J.S.A. 40A:9-22.3(e) and includes, but is not limited to, the Zoning Board of Adjustment, Planning Board, and any other agency or board within the Township of Stillwater, as well as any other independent local authority or entity created by the Township of Stillwater, which performs functions other than of a purely advisory nature and/or one in which the members receive compensation.

B. No relative or family member of an Appointed Official shall be appointed to the position of any municipal professional who receives compensation, and includes professionals who provide services to the Township or to any “local government agency” within the Township, as that term is defined within N.J.S.A. 40A:9-22.3(e), and includes, but is not limited to, the Zoning Board of Adjustment, Planning Board, and any other agency or board within the Township of Stillwater, as well as any other independent local authority or entity created by the Township of Stillwater.

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. Barta to Introduce Ordinance 2021-19 seconded by Mrs. Rumsey. Roll Call Vote: Mr. Barta, yes, Mrs. Rumsey, yes, Mr. Scott, yes, Mr. Fisher yes, Mayor Chammings, yes

RESOLUTION 2021-140 Authorizing a Shared Services Agreement with the Township of Frankford for the Services of a Qualified Purchasing Agent

WHEREAS, the Township of Stillwater and the Township of Frankford have agreed to enter into a Shared Services Agreement by which the Township of Stillwater shall provide Qualified Purchasing Agent services to the Township of Frankford pursuant to N.J.S.A. 40A:65-1 et seq., and
WHEREAS, the Township of Stillwater and the Township of Frankford agree to enter into the attached Shared Services Agreement;

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

1. The Shared Services Agreement between the Township of Stillwater and the Township of Frankford is approved pursuant to N.J.S.A. 40A:65-1 et seq. The terms and conditions of the Agreement (Exhibit “A”) are made a part of this Resolution.

2. The Mayor and Township Clerk are authorized to sign the Agreement on behalf of the Township.

3. This Resolution shall take effect immediately, however, it shall be void and of no effect in the event that the Township of Frankford fails or refuses to adopt a similar resolution and/or execute the Shared Services Agreement.

4. A copy of this Agreement shall be filed, for informational purposes, with the Division of Local Government Services in the Department of Community Affairs pursuant to N.J.S.A. 40A:65-4.

A motion was made by Mr. Fisher to adopt Resolution 2021-140 seconded by Mrs. Rumsey. Roll Call Vote: Mr. Barta, yes, Mrs. Rumsey, yes, Mr. Scott, yes, Mr. Fisher yes, Mayor Chammings, yes

RESOLUTION 2021-141 Authorizing a Shared Services Agreement with the Borough of Andover for the Services of a Qualified Purchasing Agent

WHEREAS, the Township of Stillwater and the Borough of Andover have agreed to enter into a Shared Services Agreement by which the Township of Stillwater shall provide Qualified Purchasing Agent services to the Borough of Andover pursuant to N.J.S.A. 40A:65-1 et seq., and
WHEREAS, the Township of Stillwater and the Borough of Andover agree to enter into the attached Shared Services Agreement;

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

1. The Shared Services Agreement between the Township of Stillwater and the Borough of Andover is approved pursuant to N.J.S.A. 40A:65-1 et seq. The terms and conditions of the Agreement (Exhibit “A”) are made a part of this Resolution.

2. The Mayor and Township Clerk are authorized to sign the Agreement on behalf of the Township.

3. This Resolution shall take effect immediately, however, it shall be void and of no effect in the event that the Borough of Andover fails or refuses to adopt a similar resolution and/or execute the Shared Services Agreement.

4. A copy of this Agreement shall be filed, for informational purposes, with the Division of Local Government Services in the Department of Community Affairs pursuant to N.J.S.A. 40A:65-4.

A motion was made by Mr. Fisher to adopt Resolution 2021-141 seconded by Mrs. Rumsey. Roll Call

RESOLUTION 2021-142 Authorizing a Shared Services Agreement with the Township of Montague for the Services of a Qualified Purchasing Agent

WHEREAS, the Township of Stillwater and the Township of Montague have agreed to enter into a Shared Services Agreement by which the Township of Stillwater shall provide Qualified Purchasing Agent services to the Township of Montague pursuant to N.J.S.A. 40A:65-1 et seq., and
WHEREAS, the Township of Stillwater and the Township of Montague agree to enter into the attached Shared Services Agreement;

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

1. The Shared Services Agreement between the Township of Stillwater and the Township of Montague is approved pursuant to N.J.S.A. 40A:65-1 et seq. The terms and conditions of the Agreement (Exhibit “A”) are made a part of this Resolution.

2. The Mayor and Township Clerk are authorized to sign the Agreement on behalf of the Township.

3. This Resolution shall take effect immediately, however, it shall be void and of no effect in the event that the Township of Montague fails or refuses to adopt a similar resolution and/or execute the Shared Services Agreement.

4. A copy of this Agreement shall be filed, for informational purposes, with the Division of Local Government Services in the Department of Community Affairs pursuant to N.J.S.A. 40A:65-4.

A motion was made by Mrs. Rumsey to adopt Resolution 2021-142 seconded by Mr. Fisher. Roll Call Vote: Mr. Barta, yes, Mrs. Rumsey, yes, Mr. Scott, yes, Mr. Fisher yes, Mayor Chammings, yes

RESOLUTION 2021-151 Approving the Sale of Block 407, Lot 1 From the Township of Stillwater’s Property Sale on November 9, 2021

WHEREAS, the Township of Stillwater conducted a sale of a single lot owned by the Township of Stillwater and no longer needed for public use on November 9, 2021, pursuant to Ordinance 2021-12; and
WHEREAS, the Township received a bid for the property as follows:

Block 407, Lot 1, bid by Crandon Lakes Association of Property Owners – $500

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

Block 407, Lot 1, bid by Crandon Lakes Association of Property Owners – $500

BE IT FURTHER RESOLVED upon the 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 Deed and such other documents, if any, for the property 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. Fisher to adopt Resolution 2021-151 seconded by Mrs. Rumsey. Roll Call Vote: Mr. Barta, yes, Mrs. Rumsey, yes, Mr. Scott, yes, Mr. Fisher yes, Mayor Chammings, yes

RESOLUTION 2021-152 Appointment of Paul Hawkins as Recycling Coordinator for 2022

THEREFORE, BE IT RESOLVED that the Township Committee of the Township of Stillwater appoint of Paul Hawkins as Stillwater Recycling Coordinator effective January 1, 2022.

BE IT FURTHER RESOLVED that this appointment was made at a meeting of the Township Committee on Tuesday, December 7, 2021.

A motion was made by Mr. Barta to adopt Resolution 2021-152 seconded by Mrs. Rumsey. Roll Call Vote: Mr. Barta, yes, Mrs. Rumsey, yes, Mr. Scott, yes, Mr. Fisher yes, Mayor Chammings, yes

RESOLUTION 2021-154 Approving Refunds of Overbillings of Veterans Deductions and Tax Overpayments

WHEREAS, there appears on the tax records of Stillwater Township certain residents who qualify for refunds due to overbilling,

WHEREAS, said overbillings occurred Vet Deduction and Mortgage overpayment.

WHEREAS, the Collector of Taxes recommends the refunds be made,

NOW, THEREFORE, BE IT RESOLVED, that the proper officers are hereby authorized to issue checks refunding overpayments and directed to ensure proper adjustments be made.

Veteran Deduction

BLK LOT NAME YEAR AMOUNT

4002 7 Williver 2021 250.00

Tax Overpayments

1401 30.10 Van Der Hurst 2021 723.22

1501 16 Q farm Degen 2021 240.50

TOTAL REIMBURSEMENTS $ 1,213.72

A motion was made by Mrs. Rumsey to adopt Resolution 2021-154 seconded by Mr. Barta. Roll Call Vote: Mr. Barta, yes, Mrs. Rumsey, yes, Mr. Scott, yes, Mr. Fisher yes, Mayor Chammings, yes

RESOLUTION 2021-155 Awarding Deer Carcass Removal Contract

WHEREAS, the Township of Stillwater needs a deer carcass removal contractor to provide deer removal services for 2022 and for various municipal streets; and

WHEREAS, the anticipated cost of said services would not exceed the bid threshold; and

WHEREAS, not removing the dead carcass is a health and safety hazard; and

WHEREAS, the Township received one (1) written proposal valid through December 31, 2022 in response to its request for quotations; and

WHEREAS, Space Farms Zoo and Museum provided the lowest responsive, responsible quote in the amount of $31.00 per carcass for the year of 2022; and

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Stillwater that it does hereby award a contract to Space Farms Zoo and Museum for the 2022 dead deer carcass removal in an amount not to exceed $31 per carcass in accordance with Space Farms Zoo and Museum’s written proposal.

A motion was made by Mr. Scott to adopt Resolution 2021-155 seconded by Mrs. Rumsey. Roll Call Vote: Mr. Barta, yes, Mrs. Rumsey, yes, Mr. Scott, yes, Mr. Fisher yes, Mayor Chammings, yes

DISCUSSION ITEMS:

Stillwater School request to place recycling bins at Town Hall/Community Center/Recycling Center: Elaine Makarevich, Educator from Stillwater Township School discussed the school’s new recycling program for plastic film to be used by Trex to create products. The school is requesting the township to partner with their efforts by having collection bins at town hall, the community center and the recycling center. The bins will be monitored by volunteer parents.

A motion was made by Mr. Scott to allow collection boxes to be located at town hall, the community center and the recycling center seconded by Mrs. Rumsey. Roll Call Vote: Mr. Barta, yes, Mrs. Rumsey, yes, Mr. Scott, yes, Mr. Fisher yes, Mayor Chammings, yes

Revisions to Personnel Handbook/Policy: Mayor Chammings said she would like to revisit comp time in the employee handbook and asked the township committee members to look over the handbook and let her know if there are additional sections they would like to discuss for possible changes.

Daniel’s Law: Mr. Bolcato prepared a memorandum on Daniel’s Law for the township committee for the township employees. Daniel’s law prohibits the township and their employees for giving out names and addresses of judges, prosecutors, active and/or retired law enforcement officers so and/or their families names living in the same household. After reviewing the memorandum, the township committee agreed with the content of the memo and directed the clerk to distribute the memo to township employees so they may be aware of the new law and its regulations.

Vacation of Shore Drive: The township is interested in vacating Shore Drive, a paper street, located in the Lake Plymouth sub-division. Mr. Torregrossa, President of the Lake Plymouth Community Association, provided a copy of the recorded deed of the roads for the community. Residents looking to purchase adjoining property were unable to do so with the paper road and vacating the paper road will allow the purchase(s).

Fire Department Request: The fire company is requesting the township adopt an ordinance allowing them to bill for reimbursement for cost incurred in providing certain emergency services. Mrs. Rumsey explained how Hampton Township and other volunteer emergency services recover costs from emergency incidents without going back to the township to replace things used during emergencies. An ordinance will be introduced in New Business Part II.

NEW BUSINESS PART II

ORDINANCE 2021-20 Vacating Shore Drive in the Lake Plymouth Community – Introduction [Public Hearing and Adoption 12/21/2021]

WHEREAS, The Stillwater Township Committee desires to vacate the undeveloped “paper road” designated as “Shore Drive” as depicted on the attached Stillwater Township Tax Map (Schedule A);

WHEREAS, Shore Drive depicted on Schedule A has not been formally accepted by the Township of Stillwater, and it is adjacent to Tax Block 902, Lot 1, 5, 6, 7, 9, 10, 11, 13, 15, 16, 27, 30, 35 and 38, as shown on the Township Tax Map. Shore Drive is not open for public use and is not needed for public purposes; and

WHEREAS, the Stillwater Township Committee is agreeable to vacating the undeveloped Shore Drive as reflected in Schedule A;

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

Section 1. Shore Drive as shown in Scheduled A is hereby vacated, extinguished and conveyed to the adjacent lots, subject to existing utilities and exceptions set forth in Sections 2 and 3 below:

The undeveloped Shore Drive as depicted on Schedule A, shown on the attached tax map.

Section 2. The Township expressly reserves and excepts from vacation all rights and privileges possessed by the Township of Stillwater for storm drainage and water lines, and all rights and privileges possessed by public utilities, as defined in R.S. 48:2-13, and by any cable television company, as defined in the “Cable Television Act,” P.L. 1972. C/186, (C:48:5A-1 et seq.) to maintain, repair and replace their existing facilities in, adjacent to, over or under an undeveloped portion of Shore Drive to be vacated, pursuant to N.J.S.A. 40:67-1.

Section 3. The Township shall expressly reserve and except from vacation all rights and privileges possessed by existing utilities serving existing homes in the Township of Stillwater, in, adjacent to, over or under the undeveloped Shore Drive to be vacated, as of the date of adoption of the Ordinance.

Section 4. 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 5. 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 6. Effective Date. This Ordinance will take effect after publication and passage according to law.

A motion was made by Mr. Scott to Introduce Ordinance 2021-20 seconded by Mr. Barta. Roll Call Vote: Mr. Barta, yes, Mrs. Rumsey, yes, Mr. Scott, yes, Mr. Fisher yes, Mayor Chammings, yes

ORDINANCE 2021-21 Authorizing the Stillwater Area Volunteer Fire Company to Seek Reimbursement for Costs Incurred in Providing Certain Emergency Services

WHEREAS, the STILLWATER AREA VOLUNTEER FIRE COMPANY (the “Company”) is an independent volunteer fire company that provides fire suppression and emergency services in and around the TOWNSHIP OF STILLWATER (the “Township”); and

WHEREAS, the cost of purchasing, repairing, and maintaining the equipment and supplies used by the Company in providing fire and emergency services continues to grow each year; and

WHEREAS, the Township Committee of STILLWATER TOWNSHIP (“Township Committee”) acknowledges the Fire Company’s interest in securing additional funding sources so that it can continue to provide fire and emergency services for the benefit of the Township and persons traveling within the Township; and

WHEREAS, raising real property taxes to meet the increase in service demands created by vehicle environmental hazards would not be fair to property owners, as many motor vehicle incidents and other emergency services involve individuals not owning property or paying taxes within the Company’s service area; and

WHEREAS, the Township wishes to demonstrate its support for the Company by recognizing the Company’s authority to establish a revenue recovery plan through which those who benefit from certain services provided by the Company are asked to pay a fair and reasonable share of the cost of loss and wear and tear to apparatus, tools, equipment, and materials used in providing emergency services as a result of hazardous incidents abatement so that a safe and appropriate level of service can be maintained and made available to the Township; and

WHEREAS, the Township Committee has been advised that fire insurance and auto insurance policies in New Jersey will directly compensate local fire Companies for response if a Schedule of Fees has been adopted by resolution; and

WHEREAS, the Township Committee believes that an ordinance establishing a revenue recovery plan for the costs and expenses of certain fire services would be in the best interests of the Township; and

BE IT ORDAINED by the Township Committee of the Township of Stillwater, Sussex County, New Jersey that the Code of the Township of Stillwater be and is hereby amended to include a new subsection 186-20 “Reimbursement for Costs Incurred in Providing Certain Emergency Services”.

Section 1. Subsection 186-20 entitled “Reimbursement for Costs Incurred in Providing Certain Emergency Services” is hereby adopted as follows

DEFINITIONS

As used in this chapter, the following terms shall have the meanings indicated:

COSTS

All costs incurred by the Township or Company, including but not limited to the following: actual labor costs of personnel, including workers’ compensation benefits, fringe benefits and administrative overhead; cost of equipment operation; cost of materials; and the cost of any outside contract for labor and materials.

COMPANY

The Stillwater Area Volunteer Fire Company

MATERIALS

All materials, including but not limited to firefighting foam, chemical extinguishing agents, absorbent material, sand recovery drums, and specialized protective equipment such as acid suits, acid gloves, goggles and protective clothing, extrication tools, firefighting PPE, cones, flares, medical supplies and personnel.

PERSON

Any public or private corporation, company, association, society, firm, partnership, joint stock company, individual, or other entity.

Authorization to Recover Costs and Expenses

The governing body of the Township of Stillwater authorizes the Company to recover the costs of fire-fighting materials used and expended; the costs of the use of the fire trucks, fire engines, rescue equipment, and tankers; the costs of personnel hours and hazardous situation abatement materials involved in fighting fires and/or providing emergency services.

Third-Party Billing Agent.

The Company is hereby authorized to bill and collect costs due to it under this chapter through a third-party billing agent, provided that any such agreement with any professional agency engaged in the business of emergency response billing shall be subject to the approval of the Township Committee.

Collection of Costs.

Said costs and fees as outlined above shall be recovered directly by the Company, or through a third-party professional agency engaged in the business of emergency response billing under a contract with the Company, by billing to the responsible party.

Interest and Administration Fees.

In addition to the aforementioned fees and costs, the Company is hereby authorized to collect reasonable interest and administration fees for the collection of the fees and costs due and owing from the insurance companies or responsible parties for the services rendered and/or materials provided.
(e) Report to the Township Committee.

The Company shall provide a monthly report to the Township Committee detailing all billing and receipts under this chapter.

(f) Time Limit for Reimbursement.

Any person or entity responsible for payment to the Company hereunder shall reimburse the Company, or provide proof that they have submitted a claim to their insurance carrier for payment within 45 days after receipt of a statement from the Company outlining said costs and expenses. These provisions shall be subject to the following:

1. Persons receiving services from the Company shall cooperate with the Company or other billing personnel hired by the Company to secure full payment for services rendered from any necessary insurance carrier.
2. Due to anticipated time requirements for the preparation and processing of insurance claims, parties that have provided proof of a claim to their insurance carrier shall not be charged interest or be subject to penalties hereunder.
3. Responsible parties under this chapter shall ensure that the Company is authorized to receive any payments from an insurance carrier as required by this chapter.
4. The Company reserves the right to determine of a bill is uncollectable and be written off.

SECTION 2. All Ordinances or parts of Ordinances inconsistent herewith are repealed as to such inconsistencies.

SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof.

SECTION 4. Any ordinance inconsistent with the terms of this Ordinance is hereby repealed.

SECTION 5. This Ordinance shall take effect upon final passage and publication according to law.

A motion was made by Mr. Scott to Introduce Ordinance 2021-21 seconded by Mr. Fisher. Roll Call Vote: Mr. Barta, no until he receives additional information, Mrs. Rumsey, yes, Mr. Scott, yes, Mr. Fisher yes, Mayor Chammings, yes

RESOLUTION 2021-156 MAYOR’S APPOINTMENT OF WADE C BARTA AS A JUNIOR 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 Wade C Barta as a Junior 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, December 7, 2021.

A motion was made by Mr. Scott to adopt Resolution 2021-156 seconded by Mrs. Rumsey. Roll Call Vote: Mr. Barta, abstained, Mrs. Rumsey, yes, Mr. Scott, yes, Mr. Fisher yes, Mayor Chammings, yes

RFP for Municipal Attorney and Auditor: Mr. Scott asked for an RFP for attorney and auditor for 2022.
Mr. Scott noted it has been five years and he felt it was time to receive RFPs. A motion was made by Mr. Scott to accept RFPs for Municipal Attorney and Auditor seconded by Mr. Fisher. Roll Call Vote: Mr. Barta, abstained, Mrs. Rumsey, yes, Mr. Scott, yes, Mr. Fisher yes, Mayor Chammings, yes

OPEN PUBLIC SESSION:

Kathy Draghi, 1016 Route 619, again asked about the ordinance for the community center fees. It was then discovered Ordinances 2021-15 and 2021-16 were inadvertently omitted from the agenda but were properly advertised and both matters were opened to the public for hearing here:

Mrs. Draghi feels the fees to be charged are too low. Mr. Scott said this is a six month trial and at the end of six months everything will be re-evaluated.

Mrs. Heidi Mountford suggested raising the security instead of the fee if the township is worried about how users leave the community center.

ORDINANCE 2021-15 ESTABLISHING FEES FOR THE USE OF THE COMMUNITY CENTER Public Hearing and Adoption

WHEREAS, The Stillwater Township Committee desires to establish the fees and deposits for use of the Township’s Community Center; and

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

SECTION 1.

The Community Center deposit and fees are set as follows:

Key Deposit (applies to all users): $10, refundable upon return of the key.

Refundable Deposit Fee

Not-For-Profit Organizations $50 $0

Resident Users $50 $150

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 Mrs. Rumsey to adopt Ordinance 2021-15 seconded by Mr. Scott. Roll Call Vote: Mr. Barta, yes, Mrs. Rumsey, yes, Mr. Scott, yes, Mr. Fisher yes, Mayor Chammings, yes.

ORDINANCE 2021-16 ESTABLISHING FEES FOR RECREATION COMMISSION EVENTS AND BLANKET FUND-RAISER Public Hearing and Adoption

WHEREAS, The Stillwater Township Committee desires to establish the fees and deposits for the Township’s Recreation Commission events and blanket fund-raiser; and

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

SECTION 1.

The Recreation Commission fees are set as follows:

Garage Sale Application Fee to be “On the Map” $5

Sale of Stillwater Blankets (Fund-raiser) $45

Summer Camp Registration Fee per child $45 per week

Summer Camp Registration Late Charge $15

Vendor Fees for Profit Vendors at Events $25

 

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 Ordinance 2021-16 seconded by Mrs. Rumsey. Roll Call Vote: Mr. Barta, yes, Mrs. Rumsey, yes, Mr. Scott, yes, Mr. Fisher yes, Mayor Chammings, yes.

ATTORNEY’S REPORT: Mr. Bolcato had no report this evening.

EXECUTIVE SESSION: held in Town Hall

After the reading of the following Resolution to enter into Executive Session, a motion was made by Mr. Scott, seconded by Mrs. Rumsey and carried by roll call vote to adopt the resolution permitting the Committee to go into Executive Session at 9:30 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, 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 Mrs. Rumsey, seconded by Mr. Fisher to suspend Executive Session at 10:05 p.m., to allow the rest of public session to occur and then resume Executive Session unanimously carried by voice vote.

RESOLUTION 2021-153 Authorizing the Mayor to Execute Agreement with Stillwater Department of Public Works (Teamsters Local 125)

WHEREAS, the Township Committee of the Township of Stillwater has reviewed and agreed with the terms of the negotiated 2022-2024 DPW Collective Bargaining Agreement; and

THEREFORE, BE IT RESOLVED that the Mayor is authorized to execute the DPW 2022-2024 Collective Bargaining Agreement on behalf of Stillwater Township.

A motion was made by Mr. Scott to adopt Resolution 2021-153 seconded by Mr. Fisher. Roll Call Vote: Mr. Barta, yes, Mrs. Rumsey, yes, Mr. Scott, yes, Mr. Fisher yes, Mayor Chammings, yes

RESOLUTION 2021-157 RESOLUTION AUTHORIZING COMPENSATION OF

GISELA RUTNIK, TAX COLLECTOR, FOR HOURS WORKED

BEYOND ALLOWABLE HOURS PER RESOLUTION# 2012-030

THEREFORE, BE IT RESOLVED that the Township Committee of the Township of Stillwater do hereby authorize the compensation of Gisela Rutnik, Stillwater Township Tax Collector, for additional hours worked to complete the November tax quarter, in the amount of 3.5 hours.
A motion was made by Mr. Scott to adopt Resolution 2021-157 seconded by Mrs. Rumsey. Roll Call Vote: Mr. Barta, yes, Mrs. Rumsey, yes, Mr. Scott, yes, Mr. Fisher yes, Mayor Chammings, yes

Return to Executive Session: 10:10 p.m.

Respectfully submitted,

Lynda Knott, Township Clerk