Regular
Meeting of the Roxbury Mount Arlington Consolidation Study Commission
Roxbury
Recreation Office
72 Eyland
Avenue, Succasunna, NJ 07876
7:00pm,
Wednesday, June 10, 2015
Minutes
1.
CALL TO
ORDER
·
Chairman Craig
Heard opened the meeting at 7:02pm
2.
OPEN PUBLIC
MEETINGS ACT
·
Secretary Chris
Rogers read: This meeting has been
advertised and is being conducted in accordance with the provisions of the “Senator
Byron M. Baer Open Public Meetings Act,” P.L. 1975, c. 231.
3.
FLAG SALUTE
·
Chairman Craig
Heard led the commission in the flag salute
4.
OATH
·
Vice Chairman
Gene Paradiso swore in Fred Hall as an alternate commissioner
5.
ROLL CALL
·
The following
members were present: Paula Danchuk,
Jerry Frisco, Chris Raths, Vincent Reilly, Chris Rogers, Laurel Whitney, Gene
Paradiso, Craig Heard, Nancy Absalon, Fred Hall, Anthony Fernandez, Rosalie
Lamonte
·
The following
members were absent: Maureen Castriotta,
Steven Sadow, Larry Millus and George Haeuber
6.
PRESENTATIONS
·
Gina Genovese,
Executive Director of Courage to Connect spoke to the commission
o
Gina emphasized
the need to experiment with Crowd Sourcing
o
She and her
organization would like to produce a short video to enable the Roxbury Mount
Arlington Consolidation Study Commission to crowd source
o
The concept of
crowd sourcing enables 100’s of people to give smaller amounts
o
This would also
show support from the community
o
If we agree, she
will have the video ready for our view in about 2 months
o
The money raised
from this effort would be earmarked solely for the Roxbury Mount Arlington
effort
o
Laurel Whitney
asked if there was a script?
o
Gina Genovese
stated that she would produce and we could review prior to going live.
o
Craig Heard asked
if the video would show a history of the effort up until now?
o
Gina Genovese
said yes and that sharing our story would create more information for everyone,
even outside of the area
o
Fred Hall stated
this would be a great way of reaching people and getting their opinion and
possibly funding
o
Anthony Fernandez
asked if we we were targeting local or statewide support?
o
Gina Genovese
said we could use it for both. It would
also allow us to collect names and other information. Gina stated she had a following outside of
New Jersey, in areas such as New York state
o
Jerry Frisco said
he supported the effort
o
Gene Paradiso
said he supported the idea
o
Gina said that
she was currently working with Loch Arbor on new consolidation ideas
o
They are working
on the idea of absorbing Loch Arbor into another town
o
There has been
35K set aside by the government entity for this effort
o
However, bids
came back around 65-70K to complete the Loch Arbor study
o
She suggested a
potential speaker by the name of Joe Hartnet
o
Gene Paradiso
asked if he was willing to answer questions and would he charge a fee.
o
Gina Genovese
stated he would charge a fee to do a study or partial study
o
Jerry Frisco
stated that he was working on grants with Gina.
They would like to meet with the Freeholders and possibly the Rutgers
Research Center, etc
o
Gina Genovese
stated that during the South Hunterdon Regionalization, the unions start a new
contract after dissolution. The new
contract is not tied to the current contracts, however during negotiations the
largest of the 2 school districts (population) is the contract used in the
interim period. They did not use the
highest salary guide as the interim contract.
2015-205 RESOLVED, that the Roxbury Mount Arlington
Consolidation Study accepts the offer of Courage to Connect NJ to create a
video regarding the ongoing study to be reviewed for the purposes of crowd
sourcing. There is not cost to the
commission.
·
Gene Paradiso made
a motion to approve the donation and expenditure lists. Paula Danchuk made a second.
·
Maureen
Castriotta – Absent, Paula Danchuk – Y, Jerry Frisco – Y, Chris Raths – Y, Vincent
Reilly – Y, Chris Rogers – Y, Steven Sadow – Absent, Laurel Whitney – Y, Gene
Paradiso – Y, Craig Heard – Y Motion
Passes
·
Walter Luers, Attorney, spoke about
the Open Public Records Act and the Open Public Meetings Act.
o
Walter Luers
stated he is an attorney from Clinton, NJ.
He specializes in OPRA and OPMA litigation.
o
Walter Luers
stated he is offering his advice on a volunteer or pro bono basis.
o
Walter Luers
stated to retain him, we should document the agreement.
o
Walter Luers
stated there are limitations to his retention.
He would have to agree separately to represent us if litigation was
involved.
o
Walter Luers
complimented the commission stating that we did not have to ask him questions
in public. Normally questions towards
an attorney could be done in closed session.
o
Craig Heard asked
if emails are applicable to OPRA?
o
Walter Luers
stated we should assume we are subject to OPRA and OPMA
o
Walter Luers
stated that draft documents and working documents are exempt. He also stated that the commission should
minimize email communication. He said to
pick up the phone if one commissioner would like to speak to another. The major exceptions to OPRA are documents
which contain personal privacy issues, bank records, account numbers and
passwords.
o
Craig Heard asked
since we are a grass roots organization, what is the liability to us
personally.
o
Walter Luers
stated that we should have no personal liability as it pertains to most
commission business.
o
Walter Luers
stated that we are most likely subject to OPRA and OPMA as we are an instrument
of the state. However, he was not aware
of any other case identical to our situation
o
Walter Luers
stated we should be as open as possible
o
Vincent Reilly
asked if there was a legal entity within the state to tell us what we are?
o
Walter Luers
stated there is a state organization called the Government Records
Council. They issue advisory opinions.
o
Walter Luers
stated that the League of Municipalities is a good example of an advisory
opinion not being accurate. The GRC
stated they were not subject to OPRA. A
legal decision by the court disagreed.
o
Craig Heard asked
how would the government define us regarding lawsuits and insurance? Walter stated the Department of Community
Affairs would be the right place to ask that question.
o
Laurel Whitney
asked if our email policy should be to behave as if we are subject to all state
laws regarding OPRA and should we use personal email accounts?
o
Walter Luers
stated if was very important to use commission email accounts. He cited an example of a councilperson in
another town being fined by the state for refusing to hand over email records.
o
Walter Luers
stated the commission must appoint a records custodian and create and post an
official form to receive OPRA requests.
The commission must produce a form, however the requestor is not
required to use it.
o
Walter Luers
stated that a person using a personal email account is putting themselves at
risk. He also stated that using township
emails may also create problems
o
Chris Raths asked
if the commission was required to have a mechanism in place to secure approval
from the individual commissioner prior to releasing information? He also asked if there was anything in the
OPRA law that precluded a commissioner from opening their own account?
o
Walter Luers
stated he would not recommend opening a personal email account
o
Walter Luers
stated he was not aware of an approval mechanism, however most records
custodians contact the person subject to the OPRA request to let them know
records are being released. He also
stated that no one was precluded from opening their own email account, but it
was not a good idea in his opinion.
o
Anthony Fernandez
asked if information from a personal email account could be accessed in an OPRA
request?
o
Walter Luers stated
that personal emails on even an official account were not subject to OPRA.
o
Laurel Whitney
asked if the commission should have dedicated email addresses?
o
Walter Luers
stated that the commission should have them.
Personal email use is not ideal. He
stated that the commission is required to respond to an OPRA request within a
timeframe depending on the document. The
commission is not required to necessarily give the document in that amount of
time – only respond. If the document is
not readily available, just ask the requestor for an extension.
o
Paula Danchuk
asked the status of Senator Weinberg’s new OPRA legislation?
o
Walter Luers
stated that changes may be made if the legislation is passed.
o
Chris Rogers
asked about the liability of the records custodian should a request not be
fulfilled correctly.
o
Walter Luers
stated that the records custodian / secretary would have to knowingly and
willfully choose to not produce the documents to be held personally liable.
o
Chris Rogers
asked about the litigation exposure to the entire commission?
o
Walter Luers
stated that we should minimize our liability by being as open as possible. If an individual commissioner chooses to not
hand over documents subject to OPRA, make it known that it is the individual
commissioner that refuses, not the entire commission.
o
Chris Rogers
asked about our adherence to the Open Public Meetings Act.
o
Walter stated
that he was not sure if we were subject to the Open Public Meetings Act. However, we should send a copy of our legal
notices to the clerks in both towns, transmit a notice to the newspapers (1
daily, 1 weekly) and post online within 48 hours of a meeting. Entities are not required to pay for these
notices.
o
Gene Paradiso
asked if we should secure an insurance policy?
o
Walter Luers
stated that we would probably have individual immunity. D and O insurance can’t hurt.
o
Chris Raths
stated that the end product of the commission is only an advisement.
o
Gene Paradiso
stated that we may need general liability insurance for a meeting held in
another location.
7.
SECRETARY’S
REPORT
·
Secretary Rogers
gave the Secretary’s report
o
Correspondence –
Treasurer’s Activity Report May 6 – June 8, 2015, Highlands State Bank
statement April 30, 2015, The Recorder Publishing Company April 2015 Invoice,
Gannett NJ April Invoice, The Recorder Publishing Company May 2015 Invoice,
Gannett NJ June Invoice, Highlands State Bank Debit Card Paperwork, Technology
Committee Minutes May 1, 2015
2015-201 RESOLVED, that
the Roxbury Mount Arlington Consolidation Study approves the minutes for May 6th
2015. See attached
§ Gene Paradiso made a motion to approve the minutes. Paula Danchuk made a second.
§ An individual roll call was not done. All were in favor, none opposed. Motion passes.
8.
TREASURER’S
REPORT
·
Treasurer Whitney
gave the Treasurer’s report
o
Bank Account
Balance - $5136.56
o
Chris Raths asked
if we should have a policy to fundraise?
He suggested going to the Chamber of Commerce to limit the perception of
only targeting certain businesses
o
Treasurer Whitney
stated that it should be our policy to not exclude anyone
o
Vincent Reilly
asked if public agencies can fundraise?
We should get an answer from the DCA before we start.
o
Fred Hall stated
we should ask the DCA what we are considered legally?
o
Craig Heard said
he would call the DCA to ask and get something in writing.
2015-202RESOLVED, that the Roxbury Mount Arlington
Consolidation Study approves the donations from May 7th to June 10th,
2015. See attached
and
2015-203 RESOLVED, that the Roxbury Mount Arlington
Consolidation Study approves the expenditures from May 7th to June
10th, 2015. See attached
·
Gene Paradiso made
a motion to approve the donation and expenditure lists. Paula Danchuk made a second.
·
Maureen
Castriotta – Absent, Paula Danchuk – Y, Jerry Frisco – Y, Chris Raths – Y,
Vincent Reilly – Y, Chris Rogers – Y, Steven Sadow – Absent, Laurel Whitney – Y,
Gene Paradiso – Y, Craig Heard – Y Motion Passes
9.
CHAIRPERSON’S
REPORT
·
Chairman Heard
spoke about Meeting Procedures
o
Craig stated to
please ask to be recognized and be respectful of interruptions. We will follow Roberts Rules of Order
o
Craig also stated
he would not be present on August 12, 2015
10. OLD OR UNFINISHED BUSINESS
·
Insurance
o
Gene Paradiso got
a quote for insurance
o
Laurel Whitney
also got a quote
o
Chris Raths will
contact a firm that specializes in Insurance
o
Chris Rogers
suggested that since the insurance policy is really there to protect our
finances, should we set a fundraising goal before investing in an insurance
policy?
·
Meeting Locations
o
Anthony Fernandez
stated that the Mount Arlington schools want an insurance policy to meet
there. The Mount Arlington library
closes at 8pm. He spoke to the Mayor of Mount Arlington and Steve Sadow and
they are both aware of the problem.
o
Nancy Absalon
asked about the possibility of the meeting at the local VFW
o
Chris Rogers said
he was contacted by the VFW and they declined
10. COMMITTEE REPORTS
·
Bylaws Committee
o
Gene Paradiso presented
the draft minutes for the commission’s review
o
Vincent Reilly
questioned the duties of the records custodian
o
Chris Raths asked
if the statement – secretary will read the minutes – could be deleted
o
Fred Hall asked
if we should list the names of the newspapers to be notified for meetings
o
Chris Rogers and
Chris Raths questioned the need for a supermajority on any action
o
Rosalie Lamonte
stated that we should define the removal of commissioners. Example – absenteeism, etc
o
Nancy Absalon
asked if we should have an annual term for officers?
o
Chris Raths asked
about the Data Collection committee. He
suggested that most of the information we are looking for should be on the
website already.
o
Chris Raths
applauded the By Laws committee for their work
·
Technology
Committee
o
No report
·
Fundraising
Committee
o
No report
·
DCA
o
No reprot
·
DOE
o
Rosalie Lamonte
gave a copy of the Mount Arlington School District study done by James Kirtland
to the commissioners. James Kirtland
also completed the South Hunterdon study.
o
Rosalie Lamonte
stated that the study in South Hunterdon was done by placing a question on the
ballot to pay for the study.
o
Rosalie Lamonte
also stated that she is being reassigned to Sussex and Warren county as a
representative of the DOE. She will be
replaced by Roger Jinks who will be the new Morris and Union DOE
representative.
o
Chris Rogers
stated he would add Roger Jink’s information to the roster.
11. PUBLIC COMMENT (AGENDA ITEMS)
12. RESOLUTIONS
TABLED - 2015-204
RESOLVED, that the Roxbury Mount Arlington Consolidation Study approves
the proposed Bylaws. See attached
13. NEW
BUSINESS
·
Chairman Heard
passed out a tentative assignment list to establish committees. He asked everyone to email him with any
suggestions or objections.
14. PUBLIC COMMENT
·
Ralph Nappi
complimented the commission on their attention to detail on the draft bylaws
15. ADJOURN
·
Chris Raths made
a motion which was seconded by Gene Paradiso to close the meeting. All agreed.
The commission adjourned at 10:15pm
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