Insurance requirement for Green OK’d

The Sussex County Board of County Commissioners unanimously approved a resolution requiring groups using the Newton Green to provide proof of insurance at its meeting June 11.

During the public comments before the vote, several residents urged the board not to restrict access to the Green, which has been used for rallies and family events as well as to express political views since Colonial times.

They pointed out that many nonprofit groups, which operate on shoestring budgets, use the Green.

The resolution requires any person or group that asks to use the Green for a public gathering to sign a use agreement and provide proof of commercial general liability insurance for property damage, bodily injury and personal injury of no less than $1 million per occurrence and $2 million in total as well as auto insurance for all vehicles of $500,000 for bodily injury and property damage. They also must sign a release and waiver of liability, assumption or risk and indemnity agreement.

Commissioner Alan Henderson said he checked with multiple towns as well as the Sussex County Fairgrounds and they all have the same insurance requirements for public events.

When he joined the board, “I was absolutely shocked that the county had not required insurance coverage,” he said.

Commissioner Bill Hayden agreed that what the county is asking for is similar to what the state Highway Department requires for parades and gatherings. “This is done routinely.”

Chris Carney, director of the commissioners board, pointed out that people like to sue so the board is trying to protect the taxpayers from lawsuits. “We are trying to be safe for everyone that uses the Green no matter what affiliation you are.”

‘Least intrusive language’

The county counsel, Douglas Steinhardt, said Sussex County was unusual in not requiring proof of insurance coverage for events on the Green.

In drafting the use agreement that event organizers must sign, he chose the “least intrusive language possible.”

“It really just requires the insurance, that everybody that uses it leave it in the condition they found it ... and that you comply with all local, county, state and federal ordinances and laws in your use,” he said.

Steinhardt said courts routinely uphold permit and insurance requirements if they are narrowly tailored, content-neutral and applied fairly. ”In this instance, it is not content-based at all. ...

”Secondly, it applies equally to all groups. ... The financial requirement has to be tailored in such a way that it is not unduly burdensome overall.”

The amounts in the county resolution are the minimum required by municipalities and nearby counties, he said. “It costs about $200 for a certificate as a rider to do such a thing.”

He pointed out that insurance has to be reasonably related to public safety and noted that the Green is surrounded by two-lane roads used by truck and commuter traffic as well as by hospital and police vehicles.

Opioid settlement

The commissioners also approved a resolution to spend $188,377 from the settlement of national opioid litigation.

About $78,000 will go to the Center for Prevention & Counseling in Newton, $50,000 will be used for community intervention mini-grants, $50,000 will be held in reserve for unanticipated needs and $10,300 will be used for administrative expenses as permitted by the settlement.

Other resolutions approved:

• The purchase of radio communication equipment for the Sussex County Sheriff’s Office for $331,270.

• The purchase of four snow plows for $146,500, $142,480, $119,877 and $76,245.

• The purchase of a truck for $141,067.

During public comments, Lafayette Mayor Kevin O’Leary urged the board not to sell the county jail at surplus.

The jail has been closed for about five years; the county has a long-term agreement to house inmates in the Morris County Jail.

O’Leary suggested that the building be repaired and used to house county offices. ”We’re going to give away a building that could potentially be worth ... millions.”

Ken Collins of Andover Township asked the board to support consolidation of school districts in the county.

He pointed out that in the 2023-24 school year, Sussex County had 20 full-time superintendents, four assistant superintendents and six part-time superintendents for 25 school districts with combined total salaries of nearly $4.8 million.

He suggested that 16 districts could be consolidated into five, reducing the need for 11 administrators. ”If you’re not working on this, you’re not working to keep the tax burden to a minimum.”

Wendy Whipple of Andover Township asked how the county is planning to provide services while the Dennis Library in Newton is closed for renovations.

She noted that the library serves 27,000 county residents.