STILLWATER TOWNSHIP COMMITTEE MEETING

December 21, 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, Attorney Angelo Bolcato and Labor Attorney Howard Vex ABSENT: None

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 6:08 p.m.

WHEREAS, Section 8 of the Open Public Meetings Act, Chapter 231, P.L. 1975 permits the exclusion of the public from a meeting under certain circumstances; and

WHEREAS, this public body is of the opinion that such circumstances presently exist.

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

1. The public shall be excluded from that portion of this meeting.

2. The general nature of the subject matter to be discussed is as follows: Personnel, Litigation/Potential Litigation, Attorney Client.

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

By a motion was made by Mrs. Rumsey, seconded by Mr. Fisher to conclude Executive Session at 7:05 p.m., to go into public session unanimously carried by voice vote.

Roll Call was taken and the flag was saluted.

DISCUSSION: Mr. John Torregrossa, President of Lake Plymouth Community Association, came to discuss Lake Plymouth’s new application for dam repair at Lake Plymouth. The Association is looking for a resolution in support. Many members of the Lake Plymouth Association attended the meeting to voice their concerns should the dam not be repaired. Mr. Robert Rush, Mrs. Susan Smith, Mr. Mark McCarrick, Mr. Jacob Swartout, Mr. Andres Patino and Mrs. Carol Winschuh all spoke in support of the application. After a lengthy discussion the Township Committee agreed to support the application for a 1.7 million grant to repair Lake Plymouth’s Dam. Mayor Chammings asked Mr. Bolcato to pen a letter from the township committee to the legislative representatives in support of lake communities.

RESOLUTION 2021-165 AUTHORIZING THE TOWNSHIP OF STILLWATER

TO ACT AS CO-BORROWER IN CONNECTION WITH THE

LAKE PLYMOUTH COMMUNITY ASSOCIATION INC.’S APPLICATION FOR FUNDING FOR DAM REPAIRS AND/OR RESTORATION UNDER THE DAM, LAKE, STREAM, FLOOD CONTROL, WATER RESOURCES AND WASTE TREATMENT PROJECT BOND ACT OF 2003

WHEREAS, the Lake Plymouth Community Association, Inc. (“Lake Plymouth”) is the owner of a dam. The dam is subject to certain requirements as to construction, safety and maintenance as promulgated and enforced by the State of New Jersey, Department of Environmental Protection (“NJDEP”), pursuant to N.J.S.A. 58:4-1, et seq. and the Dam Safety Standards of the State of New Jersey. Based on engineering investigations, Lake Plymouth has determined that the dam is in need of repair, improvement and rehabilitation in order to bring it into compliance with the applicable standards promulgated by the NJDEP and to render it suitably safe and functional; and,

WHEREAS, the Dam, Lake, Stream, Flood Control, Water Resources, and Wastewater Treatment Project Bond Act of 2003, PL 2003, Chapter 162, (“Bond Act”) authorizes the issuance of loans at a maximum interest rate of two percent (2%) per annum to meet the costs and expenses of dam restoration projects such as that required for the dam owned by Lake Plymouth; and,

WHEREAS, both the statute and implementing regulations provide that loans from the Bond Act will only be granted for the restoration or rehabilitation of dams owned by private entities, such as Lake Plymouth, if a local government entity acts as co-borrower with the private entity in order that the local government entity can assess the real property benefited by the loan in the event of a default by the private entity; and,

WHEREAS, Lake Plymouth has requested that the Township of Stillwater act as a co-borrower on its application to the NJDEP for a Bond Act loan in the amount of One Million Seven Hundred Thousand and 00/100 Dollars ($1,700,000.00); and,

WHEREAS, the Township of Stillwater is conditionally willing to be a Co-Borrower for Lake Plymouth’s Bond Act loan subject to Lake Plymouth and its members meeting certain conditions and the parties entering into a formal Co-Borrower Agreement with Lake Plymouth, containing terms and conditions acceptable to the Township of Stillwater.

NOW, THEREFORE, it is hereby resolved by the Township Committee of the Township of Stillwater, as follows:

1. Provided that Lake Plymouth addresses the following issues to the Township of Stillwater’s satisfaction the Township consents to act as a Co-Borrower with Lake Plymouth, with respect to Lake Plymouth’s loan application being filed with the NJDEP for a loan from the Bond Act in an amount not to exceed One Million Seven Hundred Thousand and 00/100 Dollars ($1,700,000.00), which if approved, will be more specifically identified in the Co-Borrower Agreement between the Township of Stillwater and Lake Plymouth.

2. The Township’s consent to act as a Co-Borrower is expressly conditioned upon the execution by Lake Plymouth of a Co-Borrower Agreement with the Township of Stillwater, in a form acceptable to the Township of Stillwater, with the advice and approval of the Township Attorney. The Co-Borrower Agreement shall be subject to approval by the Township Committee in its discretion. If the Township Committee does not approve the Co-Borrower Agreement or in the event Lake Plymouth fails to sign the Co-Borrower Agreement, this Resolution shall be deemed automatically rescinded without any further action needed by the Township Committee, and the Township shall have no obligation to either the State of New Jersey, NJDEP, Lake Plymouth and/or its members with regard to the loan. The Co-Borrower Agreement shall provide that no general revenues of the Township of Stillwater shall be used in support of Lake Plymouth’s project and that the Township of Stillwater shall not incur any liability beyond the funds it collects through a special assessment ordinance as may be adopted by the Township. The Co-Borrower Agreement shall also provide that Lake Plymouth and/or the properties subject to the special assessment shall bear all costs and expenses incurred by the Township, including but not limited to attorneys’ fees and costs, including those incurred in any challenge to the loan or special assessment, as well as any costs incurred with regard to determining the special assessment.

3. This Resolution is provided as an accommodation to Lake Plymouth and shall not be construed as an agreement by the Township of Stillwater to execute any loan agreements or accept any loan proceeds without formal action by the Township Committee at a future meeting.

4. This Resolution shall take effect immediately, subject to the automatic termination provisions contained herein.

Certified to be a true copy of a Resolution adopted by the Township Committee for the Township of Stillwater on the 21st day of December, 2021.

A motion was made by Mr. Scott to adopt the Resolution 2021-165, seconded by Mrs. Rumsey. Roll Call Vote: Mr. Barta, yes, Mrs. Rumsey, yes, Mr. Scott, yes, Mr. Fisher, yes; Mayor Chammings, yes.

MINUTES: December 7, 2021 Regular and Executive Session Minutes: The minute vote was tabled until the next regular meeting on January 18, 2022.

REPORTS: SC Board of Health Reports October and November 2021

Stillwater BOH Receipts October and November 2021

Building Department Reports October and November 2021

DPW Reports of October and November 2021

Tax Collector Reports of October and November 2021

Registrar Certified Copy Reports of October and November 2021

Dog Licensing Report for November 2021

Convenience Center Report for October and November 2021

Recreation Commission Report for October 2021

Abandoned Property Report for October 2021

Mr. Fisher noted there was no report from the Zoning Officer or Tax Assessor.

Mr. Scott said he was looking for a year end report from the Tax Assessor. The Clerk will give a memo to all department heads letting them know of the ongoing monthly (or yearly) report requirement from the governing body.

By motion of Mr. Scott, seconded by Mr. Fisher to adopt the reports as presented: Roll Call Vote: Mr. Barta, yes, Mrs. Rumsey, yes, Mr. Scott, yes, Mr. Fisher, yes; Mayor Chammings, yes.

BILLS LIST #19: $384,124.53

RESOLUTION 2021-158 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 December 21, 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 2021-158, 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 there are only two men working in the DPW this week and he has told them to plan on leaving December 23, 2021 at 1:00 p.m. as was customary for employees on the day before the holiday.

Mr. Scott also reported Mr. Raff has requested to carry his unused 2021 vacation to 2022 to be used when his daughter is born in the Spring. Mr. McAllister has also asked to carry three days from 2021 to 2022. Mayor Chammings said both men may have used additional days since the request was given so should their requests be approved it should be done for the correct day count.

A motion was made by Mr. Scott to approve Mr. Raff’s request to allow his remaining vacation time be carried to 2022, seconded by Mr. Barta. Roll Call Vote: Mr. Barta, yes, Mrs. Rumsey, yes, Mr. Scott, yes, Mr. Fisher, yes; Mayor Chammings, yes.

A motion was made by Mr. Scott to approve Mr. McAllister’s request to allow his remaining vacation time be carried to 2022, seconded by Ms. Chammings. Roll Call Vote: Mr. Barta, yes, Mrs. Rumsey, yes, Mr. Scott, yes, Mr. Fisher, yes; Mayor Chammings, yes.

Mr. Scott also reported the annual tree lighting with Santa was a great success.

Mr. Barta reported the Planning Board did not meet in December.

Mr. Barta reported he attended the Stillwater Board of Education meeting. The BOE is concerned because the Township and County is under a COVID Code Orange and the State has just issued new COVID protocols for isolation days. The Stillwater BOE will continue to use the three-foot rule and mask mandate to keep the school open.

Mr. Fisher reported he and John Nelson of CLAPO have not been able to meet yet because Mr. Nelson is spending time with his brother in Virginia who is not well.

Mrs. Rumsey reported the man door for the fire department portion of the community center is in and will be installed. Mrs. Rumsey also noted there is now a dumpster for garbage and a dumpster for recycling at the community center.

Mrs. Rumsey also discussed that unless the renter of the community center is selling alcohol (fundraiser) there would be no permit required from the State. Mayor Chammings noted the Stillwater ordinances note there is no alcohol in government buildings and questioned whether the community center would fall under that ordinance. Mr. Bolcato will check the code.

Mrs. Rumsey reported there were two Home Town Heroes Awards given to Stillwater Township residents: the first to Marcia Bradley, CERT Coordinator, who was nominated by the Township Clerk and Abigail Casario who is a member of the Stillwater Fire Department along with membership on several other first aid squads. Congratulations to both Stillwater winners and also to Virgil Rome, Fire Inspector of Sussex County who also was named as Hometown Hero by Congressman Gottenheimer.

Mrs. Rumsey read Chief Sugar’s report into the record:

Good Morning Township Committee,

The Stillwater Area Volunteer Fire Company has been dispatched to 207 Fire and 438 EMS calls as of 1030 hours Monday December 20th, 2021.  Our annual hose testing was postponed until tomorrow Tuesday December 21st due to weather.  Hose testing is the final annual required test to be completed for our department for 2021.  All apparatus is currently in service.  I apologize for missing all the meetings the last three months but I have completed my course to become a NJ State Fire Inspector and will know in a few days if I passed the exam.  With that said I would like to take this opportunity to thank you all for your support of our department I believe we have come a long way in the last two years and I look forward to working with Chief Hawkins as he progresses the department forward in the new year.  It was a pleasure serving as your Fire Chief.

Respectfully Submitted,

Chief Steven Sugar

Mayor Chammings said the COVID numbers in Stillwater have gone up dramatically and the new variant appears to be more contagious but the illness is not as severe.

Mayor Chammings said for technology she is looking to see what the best storage options would be for the township’s zoom records. The clerk noted MSI was at town hall going over computer equipment and in order to retain the zoom records internally the township must consider a new server. The server currently in use will still be good for about five years without adding additional files to retain.

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 will meet on December 27, 2021

Mayor Chammings reported she has been working with Julia at FEMA to finalize the Orleana and Isiasis storms.

AMENDMENTS TO AGENDA

There are no amendments to the agenda.

OPEN PUBLIC SESSION:

Fire Chief Steven Sugar noted the fire department does rent its fire house for private parties and they serve alcohol if requested and if the township should allow alcohol at the community center it may very well step on their toes because the rental fee is much less than the fire department can charge because they do have a liquor license.

Alicia Gardner, Recreation Commission Secretary said she was not in favor of alcohol at the community center especially for events that include children.

Kathy Draghi, 1016 Route 619, noted she had rented the community center when it was privately owned and feels the asking price for rental is very low. Mrs. Draghi said the new bathrooms were beautiful and she wished they looked like that when they had rented the hall.

Marcia Bradley, CERT Coordinator, thanked everyone for her award as “Home-Town Hero” and gave an overview of what CERT had been doing out in the community.

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

OLD BUSINESS:

ORDINANCE 2021-17 AMENDING CHAPTER 289 ENTITLED “PARKS AND RECREATION AREAS” Public Hearing and Adoption

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 Adopt Ordinance 2021-17 seconded by Mr. Fisher. 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” Public Hearing and Adoption

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 Mr. Scott to Adopt Ordinance 2021-18 seconded by Mrs. Rumsey 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

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. Scott to Adopt Ordinance 2021-19 seconded by Mrs. Rumsey. Roll Call Vote: Mr. Barta, yes, Mrs. Rumsey, yes, Mr. Scott, yes, Mr. Fisher No, Mayor Chammings, yes.

ORDINANCE 2021-20 Vacating Shore Drive in the Lake Plymouth Community – Public Hearing and Adoption

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 Mrs. Rumsey to Adopt Ordinance 2021-20 seconded by Mr. Fisher. 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 – Public Hearing and Adoption

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 Adopt Ordinance 2021-21 seconded by Mr. Fisher. Roll Call Vote: Mr. Barta, yes, Mrs. Rumsey, yes, Mr. Scott, yes, Mr. Fisher yes, Mayor Chammings, yes

RESOLUTION 2021-159 RESOLUTION TO AUTHORIZE PAYMENT OF REDEMPTION

WHEREAS, the Collector has received redemption of said lien on

And has deposited said sum in the current account of the Township of STILLWATER,TOWNSHIP

NOW, THEREFORE BE IT RESOLVED, by the Mayor and Committee of the Township of

STILLWATER

1. As soon thereafter as the redemption funds have cleared the current account, payment shall

Be made to the holder of the Certificate of Sale in the sum of 31,332.80

There was also a Premium paid in the amount of $ 39,100.00 to be added to the certificate holder,

Provided the holder shall surrender the Certificate of Sale and comply with all laws relating thereto.

A motion was made by Mr. Scott to Adopt Resolution 2021-159 seconded by Mr. Fisher. 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.

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; andNOW, 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