November 12, 2019 Regular Meeting

November 12, 2019  Regular Meeting

A REGULAR MEETING of the Stillwater Township Committee was called to order by Mayor Chammings at 7:01 p.m. noting the meeting date, time and place were duly published in the New Jersey Herald and posted at the Town Hall and advised those present that this meeting was being held in compliance with provisions of P.L. 1975, Chapter 231, Sections 4 & 13.

Roll Call was taken and the flag was saluted.

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

REGULAR SESSION:

MINUTES:

Regular Minutes: October 15, 2019

Mr. Scott made a motion to approve the Regular Minutes of October 15, 2019, seconded by Mr. Gross.

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

Executive Minutes: October 15, 2019

Mr. Scott made a motion to approve the Executive Minutes of October 15, 2019, seconded by Mr. Gross.

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

RESOLUTIONS:

2019-106 Authorize Payment of Redemption – Block 2702, Lot 10.02

2019-107 Authorize Payment of Redemption – Block 1601, Lot 4

2019-108 Mayor’s Appointment of Jenna K. Verrico as a member of the Stillwater Area Volunteer Fire Department with Committee Concurrence

2019-109 Mayor’s Appointment of Kyle Kavanaugh as a junior member of the Stillwater Area Volunteer Fire Department with Committee Concurrence

2019-110 Mayor’s Appointment of Owen Wright as a junior member of the Stillwater Area Volunteer Fire Department with Committee Concurrence

2019-111 Appointing William (Andy) Martin as PT Seasonal DPW Laborer

Mr. Scott made a motion to adopt the resolutions as listed, seconded by Mr. Gross.

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

2019-112 Authorizing a Transfer of 2019 Appropriations:

TOWNSHIP OF STILLWATER
COUNTY OF SUSSEX

RESOLUTION 2019-112

RESOLUTION AUTHORIZING A TRANSFER OF 2019 APPROPRIATIONS

WHEREAS, the Finance Officer certifies that there appear to be insufficient funds in the budgetary accounts listed below to meet the demands thereon for the balance of the year; and

WHEREAS, the Finance Officer certifies that there appears to be a surplus in the budgetary accounts listed below, over and above the demand deemed necessary for the balance of the year; and

WHEREAS, N.J.S. 40A:4-58 provides that transfers of funds may be made during the last two months of the budget year;

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Stillwater that the Chief Financial Officer is authorized to make a transfer in 2019 budget appropriations in the amount of $16,401.00 within the Current Fund, as follows:

CURRENT FUND		From:		To:
Building & Grounds – O/E		$ 16,401.00
	Legal – Miscellaneous			$ 16,401.00
		$ 16,401.00		$ 16,401.00

Mr. Scott made a motion to adopt Resolution 2019-112, seconded by Mr. Gross.

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

REPORTS:

DPW Report for October 2019

Tax Collector Report for October 2019

Building Department Report for October 2019

Convenience Center Report for September 2019

QPA Report for September 2019

Stillwater Fire Department

Mr. Scott made a motion to accept the reports as submitted, seconded by Mr. Gross.

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

BILLS LIST #17: $1,639,427.55

RESOLUTION 2019-113 PAYMENT OF BILLS

Mr. Scott made a motion to adopt Resolution 2019-113, removing George Ely Associates, PO #9421 for separate consideration, seconded by Mr. Morrison.

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

PO #9421 – George Ely Associates, in the amount of $10,000: Following a discussion on the items of concern at the playground, quality of the mulch/fabric and having no contract, the Committee agreed to hold payment to be further discussed under Executive Session.

AMENDMENTS TO AGENDA: Domestic Violence Policy and update on Swartswood Fire Department building under Discussion.

OPEN PUBLIC SESSION

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

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

Mayor Chammings read a statement from Vera Rumsey apologizing for not being able to attend the meeting tonight due to a prior commitment. Ms. Rumsey looks forward to working with all as a member of the Township Committee. She congratulated Committeeman Fisher on his win and the Marshall sisters on their run.

OLD BUSINESS:

Resolution 2019-098:

STILLWATER TOWNSHIP
SUSSEX COUNTY, NEW JERSEY

RESOLUTION 2019-098

RESOLUTION AUTHORIZING SHARED SERVICES
AGREEMENT WITH THE COUNTY OF SUSSEX FOR DEICING MATERIALS

WHEREAS, the Township of Stillwater desires to enter into a Shared Services Agreement with the County of Sussex for the services of salt and snow grit storage, mixing and loading.

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

1. Pursuant to the provisions of the Uniform Shared Services and Consolidation Act, N.J.S.A. 40A:65-1, et seq., the Township Committee hereby adopts this Resolution authorizing the execution of the attached Shared Services Agreement with the County of Sussex for Deicing Materials.

2. A copy of the Shared Services Agreement with the County of Sussex shall be kept on file with the Township Clerk and shall be available for public inspection.

3. This resolution shall take effect immediately. However, it shall be void and of no effect in the event that the County of Sussex fails or refuses to execute the Agreement.

Mr. Scott made a motion to adopt Resolution 2019-098, seconded by Mr. Morrison.

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

NEW BUSINESS:

ORDINANCE 2019-10 Introduction (Public Hearing and Adoption 12/3/19)

STILLWATER TOWNSHIP,
SUSSEX COUNTY, NJ

ORDINANCE 2019-10

AN ORDINANCE OF THE TOWNSHIP OF STILLWATER, COUNTY OF SUSSEX, STATE OF NEW JERSEY CREATING CHAPTER 339 OF THE MUNICIPAL CODE OF THE TOWNSHIP OF STILLWATER ENTITLED, “SOIL AND FILL PLACEMENT”

WHEREAS, the Stillwater Township Planning Board determines that unregulated and uncontrolled dumping of fill in the Township of Stillwater (“Township”) may result in conditions detrimental to the health, safety and general welfare of the citizens of the Township;

WHEREAS, there currently is no mechanism for the Township to abate and prohibit the hazards created by dumping of fill;

WHEREAS, the Township is concerned that it may not be able to abate such hazards by working with State agencies;

WHEREAS, the Mayor and Township Committee have determined that it is in the best interests of the Township to regulate the placement of fill within the Township; and,

WHEREAS, procedures are needed to allow for submission of applications for the placement of fill within the Township; and,

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

SECTION I.

Chapter 339: Soil Fill Placement shall be created and added to the Municipal Code of the Township of Stillwater as follows:

CHAPTER 339: SOIL FILL PLACEMENT

ARTICLE I

Title; Findings; Definitions; Permit Requirements

§ 339-A. Title.

This chapter shall be known as the “Soil Fill Ordinance of the Township of Stillwater.”

§ 339-B. Purpose and Findings

The Township Committee finds that the unregulated and uncontrolled placement and movement of soil and other mineral deposits can result in conditions detrimental to the public safety, health and general welfare. Such conditions substantially hamper and deter the efforts of the Township to effectuate the general purposes of municipal planning. Soil movement operations and filling operations should relate to the overall physical development of the area within which the operation is located. It is essential that all soil movement operations and filling operations be reviewed and approved by the Township Zoning Officer or Township Engineer. All soil movement operations and filling operations must be conceived and operated in such a way that there will be no appreciable harmful effects to the environment. In order to best ensure that all soil movement operations and filling operations are an asset to the Township of Stillwater, rather than a liability, all such operations shall adhere to the conditions, restrictions and provisions outlined in this chapter.

§ 339-C. Definitions

The words defined in this section shall mean and include the following when used in this chapter:

APPROVED PLAN – A plan for the placement of soil fill approved by the Zoning Official (minor permit) or by the Township Engineer (major permit) pursuant to the provisions of this chapter.

MAJOR SOIL FILL PERMIT – A permit for the fill of more than 500 cubic yards or more of soil.

MINOR SOIL FILL PERMIT – A permit for the fill of more than 100 cubic yards but less than 500 cubic yards or more of soil.

PERMIT – A soil fill permit.

PERSON – Includes an individual, a partnership, a corporation or any other legal entity.

PLANNING BOARD – The Planning Board of the Township of Stillwater.

SOIL – Includes dirt, stone, gravel, sand, humus, clay, loam and mixtures of any of these, but this shall not include quarry process or rock products utilized in the construction of roads, driveways or similar types of construction.

TOPSOIL – The arable soil within eight inches of the surface.

TOWNSHIP – The Township of Stillwater.

§ 339-D. Permit Required

No person shall fill or cause the placement of any soil on any premises in the Township of Stillwater whether such fill be for sale, gift or otherwise, unless a permit therefore is first secured from the Township Zoning Officer or the Township Engineer as hereinafter provided. A permit shall not be required for the moving or placement of fill of less than 100 cubic yards of soil within a one (1) year period.

A single permit shall be required for placement of soil on adjacent lots where title to those is held in common ownership

§ 339-E. Exceptions and Exemptions

1. The provisions of this chapter shall not apply to excavations or fill for building foundations, septic tanks or sanitary installations, provided that no excavation or construction of any kind shall take place until a site plan or permit has been approved by the Construction Official and/or Department of Health as required by law.
2. Nothing in this chapter shall be construed to affect or apply to any person engaged in the moving of soil in and upon lands enrolled in the Soil Conservation Program of the Sussex County Soil Conservation District, Department of Agriculture Soil Conservation Service and for which lands an approved farm plan has been established by said agency, provided that all soil moving operations and fill operations in and upon such lands are performed in accordance with said approved farm plan and provided further that a copy of said approved farm plan is placed on file with the Township prior to any soil moving operations or fill operations.
3. A separate soil permit under this chapter shall not be required for subdivisions and/or site plans approved pursuant to Chapter 470, Subdivision of Land of the Township of Stillwater.
4. Nothing in this chapter shall be construed to affect or apply to any person engaged in a state-mandated cleanup plan; provided that all soil moving, removal operations and fill operations are performed in accordance with said cleanup plan and provided further that notice of the state-mandated cleanup plan is placed on file with the Township Engineer prior to any soil moving, removal operations or fill operations.
5. The provisions of this chapter shall not apply to the storage of sand, soil, stone, topsoil, mulch or other similar materials on lawfully existing landscaping and contractor yards, provided that the outdoor storage of materials on said property has previously been established and does not require site plan approval pursuant to Chapter 470, Subdivision of Land of the Township of Stillwater.
6. This chapter does not regulate the movement and placement of soil fill directly related to agricultural uses on certified commercial farm properties that have filed for Agricultural Management Practice Determination with the Sussex County Agriculture Development Board within the Township of Stillwater and does not supersede any rights granted under the Right to Farm Act.

§ 339-F. Application for permit

1. Application for a minor soil fill permit shall be filed with the Township Zoning officer who shall issue the permit based upon substantial compliance with the provisions of this chapter; provided, however, that the Township Zoning Officer shall have the authority to deny a permit if he/she determines that the placement of fill would be detrimental to the health, welfare or safety of the general public. The denial shall be in writing setting forth reasons for same.
2. Application for a major soil fill permit shall be filed with the Township Engineer and shall be accompanied by a fee prescribed in Section 245, Fees and Escrows. Three (3) copies shall be submitted on forms prescribed by the Township Planning Board and supplied by the Secretary to the Board.
3. The application for minor and major soil fill permits shall set forth the following:
   1. Name and address of the applicant.
   2. Name and address of the owner, if other than the applicant.
   3. The description of the land upon which the fill is proposed to be placed including the physical address and the tax map lot and block numbers.
   4. The purpose or reason for placement of soil.
   5. The nature and quantity, in cubic yards, of soil to be filled.
   6. The source of material to be used as fill and certification that the fill can be considered “clean fill” as regulated by State and local regulations including the street address of the source or sources, the tax map lot and block numbers of the source or sources, and the record title folder of such location or locations and contact information for the title holders or authorized agent.
   7. The proposed date of placement of the soil fill.
   8. Supporting documentation as required to adequately address and comply with the purpose and the provisions of this chapter.
   9. An approved soil erosion and sediment control permit (if applicable).

D. No more than one (1) minor soil fill permit or major soil fill permit may be issued for any property within a one (1) year period from the issuance of the permit. Any additional application for even minor or major soil fill permit within that one (1) year shall require an application for an approval from the Stillwater Township Planning Board.

§ 339-G. Supporting documentation for a major soil fill application

The application for a major soil permit shall be accompanied by a topographic map or maps prepared and certified by a professional engineer or land surveyor. The scale of said map shall not be more than 100 feet to the inch and shall include the following:

1. Key map.
2. Existing contour lines at five-foot intervals.
3. Proposed contour lines at five-foot intervals after fill of the soil.
4. All existing structures, all existing roads and drainage within 200 feet of the property.
5. Location of all property lines.
6. Location of any wetlands, streams, or other environmentally sensitive areas on the property.
7. Location of any topsoil storage areas.
8. Soil erosion and sediment control measures.
9. Cross sections of the fill areas at fifty-foot intervals.

§ 339-H. Referral

Upon receipt of a second application for a minor soil fill permit or major soil fill permit within one (1) year by the Planning Board Secretary shall forthwith send a copy of same to the Zoning Officer, Construction Official, Township Engineer, and the Environmental Commission who shall review the application, and they shall submit their reports and recommendations, and their reasons, to the Township Planning Board within 30 days of receipt of the application. Failure to file such a report within the required time period shall be deemed an approval of the application by such department, officials and commissions.

§ 339-I. Action by Planning Board; notice of hearing on applications for a second minor or major soil fill applications within a one-year period.

1. The Township Planning Board shall grant or deny the application within 45 days after receipt of the reports and recommendations of the Zoning Officer, Construction Official, Township Engineer, and Environmental Commission. On an application for a major soil fill permit, the Planning Board shall schedule a public hearing and shall notify the applicant of the date of such hearing. The applicant shall notify in writing all property owners within 200 feet of the extreme limits of the property, as their names appear on the Township tax records, at least 10 days prior to the date of the hearing in the application. The notice shall be given in person or by registered mail and shall state the reason for the hearing; the time and place of the hearing as fixed by the Township Planning Board; a brief description of the property; and that a copy of the application and map has been filed with the Township Clerk for public inspection. The applicant shall also cause notice of the hearing to be published in the official newspaper of the Township, at least 10 days prior to the date of the hearing.
2. Five (5) days prior to the hearing, the applicant shall present to the Township Planning Board Secretary the following:
   1. Certification, in the form of an affidavit, signed and sworn by the applicant, affirming that he has notified all property owners, as required in Subsection A of this section.
   2. Proof of publication of the newspaper notice required in Subsection A of this section.

§ 339-J. Factors to be considered in approving permits

In considering and reviewing the application and arriving at a decision, the Zoning Officer (minor permit) and the Township Engineer (major permit) and Planning Board, as applicable, be guided by and take into consideration the public health, safety and general welfare and the general purposes of municipal planning, and particular consideration shall be given to the following factors:

1. Soil erosion by water and sand.
2. Surface water drainage.
3. Soil fertility.
4. Lateral support of abutting streets and lands.
5. Public health and safety.
6. Land values and uses.
7. Contours, both existing and proposed.
8. Existing contours and topographic character of the land prior to the placement of any soil and proposed contours which will result subsequent to the placement of soil in accordance with the soil fill application.
9. Whether the proposed placement of soil is necessary and incidental to the development of the property for its intended use or whether the proposed placement of fill constitutes primarily a commercial activity.
10. The application shall disclose the address and location from which the soil of fill materials will be obtained, the owner of representative of the owner of the premises from which the soil or fill materials is to be obtained and the kind and quality of soil and fill materials to be imported.

§ 339-K. Issuance of permit

The property owner and the individual placing fill shall be responsible to comply with the terms of this ordinance and no soil is to be placed in the Stillwater Township without compliance with the terms of the Ordinance. Nothing in this Ordinance shall be deemed to authorize the placement of any fill within the Township of Stillwater which is not deemed to constitute “clean fill” in compliance with all state, local and federal standards including but not limited to those standards which are currently or may be enacted in the future by the New Jersey Department of Environmental Protection. A permit shall be issued after the approval of the application by the Zoning Official (minor permit) or by the Township Engineer (major permit). The approval shall specifically list the total number of cubic yards of soil authorized to be filled as calculated by the Township Engineer based upon the contour maps submitted and approved.

ARTICLE II

Operating Requirements

§ 339-L. Method of operation

If a permit is issued for the placement of soil as provided herein, the owner or person in charge shall so conduct the operations that there shall be no sharp declivities, pits or depressions, and in such manner that the area shall be properly leveled off, cleared of debris, and graded to conform with the contour lines and grades as required and shown on the approved plan.

§ 339-M. Hours of Operation

No soil shall be placed, or any operation conducted in hours other than 7:00 A.M. to 6:00 P. M., Monday through Friday.

§ 339-N. Regulation of operation

No soil shall be placed, nor shall any operation be conducted so as to violate any of the regulations contained in this article after a permit is granted.

§ 339-O. Deposit of soil on adjoining property or public roads

Soil fill shall not be deposited or in any way thrown or placed upon adjoining property or public roads. Any soil or material resulting from any such operation accumulating on any adjoining property or public road shall be removed there from immediately upon notice to the permittee of such accumulation.

§ 339-P. Compliance with other standards and terms of permit

All operations shall be conducted in strict accordance with any state law, other ordinances of the Township, and the terms and conditions of any permit granted for such operations.

§ 339-Q. Nuisances and unsafe conditions

The operation shall be so conducted as not to constitute a nuisance, and in no event shall said operation create any hazardous or unsafe condition with regard to any person or persons. Natural screening is to be preserved by the applicant.

§ 339-R. Restoration of area

1. Upon completion of any operation delineated on the approved plan, said area shall be properly leveled off, cleared of debris, and graded to conform to the contours and grades as approved by the Zoning Officer. A final map for all major soil fill permits shall be submitted containing and complying with all requirements as set forth in this chapter.
2. If the Township Engineer, in the course of review, determines that Township roads may sustain meaningful “wear and tear” damage due to the passage of trucks carrying the imported materials, the Township Public Works Supervisor shall review the application. If meaningful damage is determined to be likely, the Public Works Supervisor shall provide a reasonable estimate of excess costs attributable to truck traffic associated with the importation activity. Such estimates shall fairly apportion and distinguish between the costs associated with the importation activity and those associated with normal usage of the Township’s roadways including occasional passage of heavy trucks. The applicant shall be solely responsible for costs attributable to the importation activity and shall establish an escrow fund in the Township Clerk’s office sufficient to refund the Township for this expense.
3. No trash, junk or debris may be stored in any area, and no safety hazards will be permitted, either during or after the completion of operations.

§ 339-S. Storage limitations

The material stored shall not exceed a height of 20 feet, and the maximum storage slope shall be 45 degrees.

§ 339-T. Enforcing officer; inspections

The Zoning Officer is hereby designated as the officer whose duty it shall be to enforce the provisions of this chapter. He/she shall, from time to time, upon his/her own initiative, and whenever directed by the Township, inspect the premises for which permits have been granted to ensure compliance with the terms of the permit and of this chapter. The Zoning Officer shall have the right to enter upon any lands for the purpose of examination and inspection of the operation without advance notice.

§ 339-U. Use of Streets for soil transportation

In the placement of soil or fill operation, the applicant shall cause such streets to be kept free from dirt and debris resulting from such soil or fill operation.

ARTICLE III

Fees; Bonds; Penalties and Miscellaneous Provisions

§ 339-V. Permit fees; inspection fees

1. The fees for a minor or major soil placement permits are set forth in Chapter 245, Fees and Escrows.
2. The obligor shall be responsible for all of the inspection fees of the Township Engineer incurred in making the inspections.

§ 339-W. Revocation of Permit; Violations and Penalties.

After notice and an opportunity to be heard before the Township Zoning Officer, the permit of any person may be revoked or suspended for such period as the Township Zoning Officer may determine for any violation of the terms hereof or the terms and conditions of any permit granted hereunder. In addition to the revocation provided for herein, any person who violates this chapter or any director or officer of a corporation who participates in a violation of this chapter shall, upon conviction thereof, be subject to a maximum fine of $2,000, or imprisonment for a period not to exceed 90 days, or both. Each and every day that such violation continues or exists shall be considered a separate and specific violation of these provisions and not as a continuing offense.

§ 339-X. Other permits

Nothing contained in this chapter shall be construed to affect the owner’s application for soil erosion and sediment control permits or any other state or federal regulations or permits as required.

SECTION II.

Chapter 437: Fees and Escrows of the Municipal Code of the Township of Stillwater to amended to include fees and escrows for soil fill permits as follows:

§ 339. Soil Fill Placement

1. Minor Soil Fill Permit (100 to 500 cubic yards) Fee: $100 Escrow: $500
2. Major Soil Fill Permit (greater than 500 cubic yards) Fee: $500 Escrow: $2,000

SECTION III.

Inconsistency. All ordinances or parts of ordinances inconsistent where they are in conflict with this ordinance are hereby repealed to the extent of such inconsistency.

Partial Invalidity. If any section, paragraph, clause or provision of this Article shall be adjudged invalid, such adjudication shall apply only to the section, paragraph, clause or provisions of adjudged and the remainder of the Article shall be deemed valid and effective.

Effective Date. This ordinance shall take effect upon final passage and publication as provided by law.

 

Inconsistency. All ordinances or parts of ordinances inconsistent where they are in conflict with this ordinance are hereby repealed to the extent of such inconsistency.

Mr. Morrison made a motion to introduce Ordinance 2019-10, seconded by Mr. Gross.

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

DISCUSSION ITEMS:

UTV Driving Age:

The Committee has been asked by the fire department to consider lowering the driving age for the UTV to 18-years old; it is currently 21-years old. Chief VanderHaeghen indicated the UTV is owned and insured by the township. It is meant for off-road use only. Lowering the age allows the participant additional training prior to operating a fire truck at 21 years of age. All training under national standards and federal laws only require an operating age of 16 years old or valid driver’s license. It has become increasingly difficult denying new younger members access to the UTV, noting they will always be using the vehicle in a group. At least four or five current members would be eligible to operate the UTV if the age is lowered, and the fire department would also require a valid driver’s license. Mayor Chammings stated the Risk Manager has indicated it is at the discretion of the Committee. Mr. Morrison and Mr. Fisher felt uncomfortable with lowering the age due to safety and liability concerns.

Tina Sugar stated her son is 17-years old and can operate the UTV just as adequately as a 21-year old. She stated he has completed and passed the training course. He will be turning 18 in February and feels he is hindered by not being allowed to drive the UTV. Mr. Morrison felt there were many other duties he can perform within the fire department other than driving the UTV. In response to questioning by Mr. Gross, Mr. VanderHaeghen indicated the active roster of members fluctuates daily and sixteen members of the department have completed the training course. Mrs. Sugar stated her son understands his responsibilities with respect to the fire department and is being held back by this regulation. Mr. VanderHaeghen stated the change would be specifically for the use of the UTV, and would not affect other fire department vehicle usage which requires a minimum age of 21. Mrs. Sugar noted obtaining a CDL only requires an age minimum of 18. Mr. VanderHaeghen explained that once a member turns 18-years old they are no longer considered a junior member and Ms. Sugar stated they can enter a structure on fire at that age. The fire department is not asking for an increase in requirement for all vehicles, only the UTV. Mayor Chammings inquired as to the requirement for UTV usage in other municipalities. They were not sure about the UTV, but Deputy Chief Sugar indicated Fredon and Hampton both allow 18-year old members to operate the fire trucks. Mr. Scott stated after much consideration the Risk Manager recommended the increase to 21-years old to operate a truck in the Stillwater Fire Department. Mr. Sugar stated they are only asking for an 18-year old, not a junior member, to be able to operate the UTV. He described the training, which included on-line instruction and field course driving. The UTV has been used ten times to date, operated by two members. In response to questioning by Mayor Chammings, Mr. Sugar indicated he could not determine if any 18-year old could adequately operate the UTV as it would need to be determined on an individual basis as each person differs. Mr. VanderHaeghen indicated it would require the same training as a fire truck; signed off by the Chief and Chief Engineer with mandatory training of 20 hours of drive time and 10 hours of pump time with an additional 10 hours annually to maintain certification. Mayor Chammings felt the UTV training in the field was not adequate for what the members may experience in this area. Mr. Morrison asked for clarification on the opinion of the Risk Manager increasing the age to 21 for operating a fire truck and now leaving it up to the Committee to set the UTV age. The Committee agreed to table this item to the next meeting to be held on 12/3/19. The fire department would provide all driving training policies and Ms. Knott will contact Mr. Morville, Risk Manager for his input.

Roll-off Truck:

Mayor Chammings reported the truck was delivered five weeks beyond the contracted delivery date. There is a fee of $150 per day for each day it is late and an additional $25 to obtain the title. The Committee agreed to deduct the total from the payment as per contract, approximately $2,000.

Recycling Coordinator:

Mr. Scott and Mr. Fisher will discuss this matter with Mr. Gardner and Mr. McAlister, as both are interested in the position. Ms. Knott noted that former coordinator Mr. Whitehead has trained Mr. Gardner and he has been doing the work for several months. This item will be placed on the 12/3/19 meeting for appointment by resolution.

Fire Department Requisitions:

The Committee reviewed the fire department requests, which will exceed line items but is still within their total budget. Mr. Fisher noted the CFO cautioned the Committee to be careful as it is the end of the year and when it is not an emergency it should be held-off. Mr. Sugar stated the items are not dire and that is why they were held off until the end of the year, just in case an emergency occurred and funding was needed. He missed the October 15^th deadline as he did not receive the budget packet for next year as it was somehow misplaced. Ms. Knott stated the CFO is not in favor of the request as it is not her normal policy to do so and she would like Committee approval. Mr. Morrison suggested waiting to make the purchases until 12/15/19 should an emergency occur in the meantime. The Committee agreed to table this item until the 12/17/19 meeting for approval.

Domestic Violence Policy:

Mayor Chammings asked the Committee to review the policy forwarded by Laddey, Clark & Ryan. Mr. Bolcato provided a background on the policy. Ms. Knott noted there is no timetable at this point by Civil Service for implementation but it is forthcoming. This item will be added to the next meeting agenda.

Swartswood Fire Department Building:

Mayor Chammings reported she sent an email to the CFO on the items that are needed to bring the building up to (CO) occupancy capabilities. The cost is slightly over $2,000 and there is funding available in the building fund. She discussed the items that will need to be addressed and stated SLAP will be cleaning the building. She is hoping to have the fire department in the bays by the end of the month.

ATTORNEY REPORT: No report.

Open Public Session:

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

Ed Szabo, 978 Route 521 referred to the discussion on the request for the lowering of the age for operation of the UTV and he suggested asking the Risk Manager about the effect on insurance premium costs.

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

EXECUTIVE SESSION:

After the reading of the following Resolution to enter into Executive Session, a motion was made by Mr. Morrison, seconded by Mr. Gross and carried by roll call vote to adopt the resolution permitting the Committee to enter into Executive Session at 8:24 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: Attorney/Client Privilege

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

There being no further business to attend to, a motion was made by Mr. Scott, seconded by Mr. Morrison to conclude the Executive Session at 8:35 p.m., unanimously carried by roll call vote.

PO #9421 – George Ely Associates, in the amount of $10,000:

Mr. Scott made a motion to pay the bill as listed, seconded by Mr. Morrison.

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

There being no further business, Mr. Scott made a motion to adjourn the meeting, seconded by Mr. Gross at 8:37 p.m. In a voice vote, all were in favor.

Respectfully submitted,

Kathy Wunder