ROCKAWAY TOWNSHIP COUNCIL NOVEMBER 16, 2018

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1 ROCKAWAY TOWNSHIP COUNCIL NOVEMBER 16, 2018 The Special Meeting of the Township Council of the Township of Rockaway was held on Friday, November 16, 2018 in the Council Chambers located within the Municipal Building, 65 Mt. Hope Road, Township of Rockaway, State of New Jersey commencing at 5:30p.m. Present: Council Member Quinn, Council Member Friedlander, Council Member Puzio, Council Member Palumbo, Council Member Smith, Council Member Sackett, Council Member Kelley, Council Vice-President Abrahamsen and Council President Jedynak. Present from Administration: Mayor Salberg, Attorney Iaciofano and Ms. Seger. Due to President Jedynak and Vice-President Abrahamsen attending remotely, President Jedynak made a motion, seconded by Vice-President Abrahamsen for Council Member Kelley to preside over the meeting. Yah Votes 8 (Council Members Friedlander, Puzio, Palumbo, Smith, Sackett, Kelley, Vice-President Abrahamsen, President Jedynak) Nah Votes 1 (Council Member Quinn) Council Member Kelley led those present in the Salute to the American Flag. Council Member Kelley called for a Moment of Silence to remember the Service and Sacrifices of the Armed Service Members who Protect our Nation and the First Responders who Protect our Neighborhoods. Council Member Kelley stated that this Special Meeting was called pursuant to the provisions of the Open Public Meetings Act. Notices of this meeting were published in the official newspapers, the Daily Record and the Star Ledger, on November 14, In addition, copies of notices were posted on the official bulletin board in the Municipal Building and filed in the office of the Municipal Clerk on aforementioned date. Lieutenant Scherr was designated as Sergeant of Arms. Council Member Kelley read the Township Code Township Code Decorum: While the Council is in session, the members shall preserve order and decorum. The Council President, at his/her discretion shall direct the Chief of Police or such other person in the Police Department as he may designate to be the Sergeant of Arms at the 1

2 Council meeting. The Sergeant at Arms shall employ reasonable means to maintain the proper order and decorum consistent with accepted standards. Council Member Kelley explained that the reason was called to satisfy the Township s obligations in accordance with Local Finance Notice concerning Electronic Municipal Tax Lien Sales. Local Finance Notice now requires that contracts with online tax sale vendors be awarded by a Municipality s governing body. Ms. Seger also added that the Township had previously participated in a PILOT program through the State. Council Member Kelley also explained that there was a deadline for the Township to approve these resolutions to allow the Tax Collector s office to conduct an online Tax Sale. RESOLUTIONS: (R ) RESOLUTION OF THE TOWNSHIP OF ROCKAWAY AUTHORIZING THE MAYOR TO SIGN A CONTRACT WITH REALAUCTION.COM, LLC FOR THE PURPOSE OF CONDUCTING MUNICIPAL TAX LIEN SALES FOR 2018 PURSUANT TO N.J.S.A. 54: RESOLUTION R RESOLUTION OF THE TOWNSHIP OF ROCKAWAY AUTHORIZING THE MAYOR TO SIGN A CONTRACT WITH REALAUCTION.COM, LLC FOR THE PURPOSE OF CONDUCTING MUNICIPAL TAX LIEN SALES FOR 2018 PURSUANT TO N.J.S.A. 54: WHEREAS N.J.S.A. 54: authorizes electronic tax sales pursuant to rules and regulations to be promulgated by the Director of the Division of Local Government Services, and WHEREAS, the Director of the Division of Local Government Services has approved NJ Tax Lien Investors/RealAuction.com to conduct electronic tax sales in the State of New Jersey along with participating Counties and Municipalities, and WHEREAS an electronic tax sale is innovative and provides a greater pool of potential lien buyers, thus creating the environment for a more complete tax sale process, and 2

3 WHEREAS RealAuction.com has supplied and negotiated a contract to provide electronic tax sales services to the Township of Rockaway, which contract is attached hereto and made a part hereof by reference, and WHEREAS, Rockaway Township wishes to participate in an electronic tax sale in 2018 and to award a contract for such services to RealAuction.com as a vendor which has been determined to have complied with the statutory provisions necessary to supply such services. NOW, THEREFORE BE IT RESOLVED, by the Township Council of the Township of Rockaway that the Tax Collector is hereby authorized to participate in an electronic tax sale and submit same to the Director of the Division of Local Government Services if necessary. 1. The Mayor is hereby authorized to sign the attached contract for services with RealAuction.com, which has offices located at 861 SW 78 th Avenue, Plantation, Fla The Mayor and other officers and employees of the Township are hereby authorized to perform whatever task may be necessary to effectuate the purposes of this Resolution. 3. This Resolution is subject to the availability of funds. I, Christina Clipperton, Acting Township Clerk, hereby certify the above to be a true copy of a Resolution Adopted by the Township Council of the Township of Rockaway at a duly convened Meeting held on November 16, Christina Clipperton, Acting Township Clerk Motion was made by Council Member Friedlander, seconded by Council Member Quinn to adopt Resolution R

4 Council Member Kelley offered the opportunity to discuss Resolution R to the Council and Administration, there was none. Yah Votes 9 (Council Members, Quinn, Friedlander, Puzio, Palumbo, Smith, Sackett, Kelley, Vice President Abrahamsen, President Jedynak) Nah Votes 0 (R ) RESOLUTION OF THE TOWNSHIP OF ROCKAWAY, COUNTY OF MORRIS, STATE OF NEW JERSEY, AUTHORIZING A TAX SALE PURSUANT TO N.J.S.A. 54:5-19 RESOLUTION R RESOLUTION OF THE TOWNSHIP OF ROCKAWAY, COUNTY OF MORRIS, STATE OF NEW JERSEY, AUTHORIZING A TAX SALE PURSUANT TO N.J.S.A. 54:5-19 WHEREAS, the Township of Rockaway will hold its annual Electronic Tax Sale on DECEMBER 19 TH, 2018; and WHEREAS, Resolution R previously passed on July 10, 2018 should be vacated; and WHEREAS, in accordance with N.J.S.A. 54:5 et seq., the Township of Rockaway is entitled to recover costs in connection with the Tax Sale including, but not limited to, advertising costs which may be estimated; and WHEREAS, the Township of Rockaway wishes to assess the cost of processing and administering all phases of the Tax Sale process against only the taxpayers who are delinquent and are thereby causing the incurrence of said expenses. WHEREAS, in accordance with N.J.S.A. 54: which authorizes the Electronic Tax Sale and the rules and regulations that require mailing of two (2) notices of tax sale to all parties included in said sale; and it also allows a fee of $25.00 each for only two (2) mailings to be charged; and 4

5 WHEREAS, this Sale will be advertised at least twice, in the Daily Record and two (2) notices will be mailed to the owner(s) of record, once each within the four consecutive weeks prior to the date of Sale. WHEREAS, a copy of the Tax Sale List will be posted in five (5) public places within the Township. NOW, THEREFORE BE IT RESOLVED, by the Township Council of the Township of Rockaway that Resolution R is hereby vacated; and NOW, THEREFORE BE IT FURTHER RESOLVED, by the Township Council of the Township of Rockaway that the Tax Collector, be and is hereby authorized and directed to charge and collect an advertising fee of 2% per line item of the amount to be sold at Tax Sale, minimum of $15.00, maximum of $100.00, and to charge and collect an additional $25.00 mailing fee per notice, maximum of $ I HEREBY CERTIFY the above to be a true copy of a Resolution Adopted by the Township Council of the Township of Rockaway at a duly convened Meeting held on NOVEMBER 16, Christina Clipperton Acting Township Clerk Motion was made by Council Member Smith, seconded by Council Member Quinn to adopt Resolution R Yah Votes 9 (Council Members, Quinn, Friedlander, Puzio, Palumbo, Smith, Sackett, Kelley, Vice President Abrahamsen, President Jedynak) Nah Votes 0 OPEN TO THE PUBLIC: John Schmidt, Gloucester City, NJ Mr. Schmidt explained that he had left off at the last Council Meeting with a closed session resolution template that he had provided to the Council. Mr. Schmidt also asked that the Township conduct a review of the Township s compliance with the Open Public Meetings Act. Mr. Schmidt raised concerns about a discussion that took place at the October 23, 2018 Council Meeting, where his name was frequently brought up, and asked the Council to be more cautious 5

6 in the future when addressing a member of the public s concerns and ask for clarification if necessary. Mr. Schmidt also raised concerns about the behavior of the Township s Solicitor at the October 23, 2018 Council Meeting and informed the public and the Council of the Mayor and Council s options and rights provided by the Faulkner Act. Council Member Kelley asked Mr. Schmidt if Attorney Iaciofano is the solicitor that he was referencing from the Council Meeting of October 23, 2018, Mr. Schmidt confirmed that he was. A discussion ensued between Mr. Schmidt and Council Member Kelley regarding whether Attorney Iaciofano s response to Council Member Kelley s question of whether he had previously discussed potential Open Public Meetings Act violations with Mr. Schmidt had been truthful. Attorney Iaciofano questioned whether Mr. Schmidt had discussed his comments this evening with Council Member Kelley or any Council Member prior to this meeting, to which Mr. Schmidt replied that he had not discussed anything in detail with a Council Member. A discussion continued between John Schmidt, Attorney Iaciofano and the Council regarding comments made by Mr. Schmidt and the public s rights under the Open Public Meetings Act. Carol Lucas, 37 Stonybrook Road Ms. Lucas thanked the Council for taking the time to discuss some of her questions and concerns addressed at previous Council Meetings. Ms. Lucas stated that she believed it would be help the public understand the actions taken by the Council if they would take the time to explain the purpose of their actions, and why the Council votes the way that they do. Ms. Lucas asked that when Council Member Puzio becomes Mayor, that he and the Council discuss and find an appropriate manner to conduct the public portion of Council Meetings and how to respond to the public s questions and concerns. Ms. Lucas raised concerns with the language contained in the contracts with the Township s attorneys and the possibility of removing the Council s approval of hiring legal experts. Ms. Lucas also elaborated on discussions that she had with individual Council Members. Council Member Smith left at 6:05p.m. Pat Degnan, 88 Valley View Drive Ms. Degnan extended a special thank-you to the Road Department for their hard work during the last snow storm. Ms. Degnan acknowledged the difficulties the Road Department had faced during the storms, with vehicles being stuck and occupying the roads, and stated that the Road Department had been beat up by the public, but they aren t responsible for accidents. Council Member Kelley added that along with the hard work of the Township s Road Department, the County s Road Department did a great job as well. Stacey Gregg, 40 Sunrise Road Ms. Gregg thanked Council Member Kelley for running a respectful meeting and running it more openly. Ms. Gregg raised concerns about how the public portion of Council meetings are usually run and members of the public being required to arrive early to meetings to be allowed to speak in the public portion of the Council meetings. Ms. Gregg also raised concerns about the Council not 6

7 following Robert s Rules of Order, as well as the scheduling of tonight s meeting. There was discussion amongst Ms. Gregg and the Council concerning the timing of the meeting this evening and potential conflict with the Jewish religion. Ms. Gregg also raised concerns about the sign-in sheet for the public portion of meetings, as well as the public portions of meetings concerning Resolutions and Ordinances. Council Member Kelley explained that there is no public discussion for Resolutions and that for Ordinances, there is no public discussion for introductions but there is public discussion prior to the adoption of Ordinances. Ms. Gregg also raised concerns about the Council not having enough microphones and Council meetings not being live-streamed. Council Member Kelley explained that the purchasing of more microphones is being budgeted for in the 2019 budget. Ms. Seger explained that there has been a purchase order cut for the equipment required to live-stream the Council meetings. Ms. Gregg explained that the public is currently engaged and interested in what occurs at the Council meetings and raised concerns about the meetings not being moved to a larger venue. Discussion ensued amongst Ms. Gregg and the Council about the avenues available to the public to ask and address concerns from the residents of Rockaway Township. Ms. Gregg also raised concerns about the hiring of Mr. Inglesino. With no further business to attend to this evening, a motion was made by Council Member Kelley, seconded by Council Member Sackett to adjourn the meeting at 6:36p.m. Yah Votes 8 (Council Members Quinn, Friedlander, Puzio, Palumbo, Sackett, Kelley, Vice-President Abrahamsen and President Jedynak) Nah Votes 0 The next Regular Meeting of the Council of the Township of Rockaway is scheduled for November 27, Respectfully Submitted, Christina Clipperton Acting Municipal Clerk 7