March 2014 Township Committee Meeting Minutes-Walpack Township, NJ

Walpack Township
9 Main Street
Walpack Center, NJ 07881
Phone and Fax: 973-948-6861
Office Hours: 9:00 a.m. to 1:00 p.m.
Direct Mail to: 16 Old Mine Road, Walpack NJ 07881

Mayor Maglio called the meeting of the Walpack Township Committee to order at 7 p.m. stating this meeting was being held in compliance with the Open Public Meetings Act having been duly advertised.

Present: Committeeman Heigis, Committeewoman Wycalek, and Mayor Maglio

Also in attendance: Michelle LaStarza

Committeeman Heigis made a motion to approve the minutes of the meeting from February 25, 2014 seconded by Committeewoman Wycalek and unanimously carried.

Michelle LaStarza presented the treasurer’s report and bills list for approval. Committeewoman Wycalek made a motion to approve seconded by Committeeman Heigis and unanimously carried. The following bills were approved for payment:

DATE	CHECK	VENDOR	AMOUNT
2/10/2014	2499	INTERNAL REVENUE SERVICE	18,511.05
3/25/2014	2515	Century Link	33.73
3/25/2014	2516	Cuneo, Betsy	272.53
3/25/2014	2517	Bollinger	3,332.00
3/25/2014	2518	JCP&L	13.11
3/25/2014	2519	Laddey Clark & Ryan	1,500.00
3/25/2014	2520	New Jersey Herald	91.16
3/25/2014	2521	Town Of Newton	1,044.75
			----------------
			24,798.33

Mayor Maglio signed the agreement for fire department services with Sandyston Township Volunteer Fire Department in the amount of $2,500. The agreement will be forwarded to the fire department for signatures.

Mayor Maglio read the following resolution. Committeewoman Wycalek made a motion to approve the resolution seconded by Committeeman Heigis and unanimously carried.

A Resolution Authorizing Submission of an Application for the Municipal
Alliance Grant

WHEREAS, the Township Committee of the Township of Walpack , County of Sussex, State of New Jersey recognizes that the abuse of alcohol and drugs is a serious problem in our society amongst persons of all ages: and

WHEREAS, the Township Committee further recognizes that it is incumbent upon not only public officials but upon the entire community to take action to prevent such abuses in our community; and

WHEREAS, the Township Committee has applied for funding to the Governor’s Council on Alcoholism and Drug Abuse through the County of Sussex; and

NOW, THEREFORE, BE IT RESOLVED that the Township Committee of the Township of Walpack, County of Sussex, State of New Jersey hereby recognizes the following:

I, Betsy Cuneo, Municipal Clerk of the Township of Walpack, do hereby certify the foregoing to be a true and exact copy of a resolution duly adopted by the Township Committee of the Township of Walpack on this 25th day of March, 2014.

Mayor Maglio read the following resolution. Committeeman Heigis made a motion to approve the resolution seconded by Committeewoman Wycalek and unanimously carried.

RESOLUTION AUTHORIZING THE MAYOR OF WALPACK TOWNSHIP TO SIGN A
LETTER URGING THE UNITED STATES CONGRESS TO SUPPORT AND FULLY FUND THE
MANDATORY FEDERAL PAYMENT IN LIEU OF TAX PROGRAM (PILT) FOR LOCAL GOVERNMENTS

WHEREAS, the Federal government owns approximately 640 million acres of land, including over 6,000 acres of land in Montague, Sandyston and Walpack, along with significant holdings in Hardyston, Wantage and Vernon; and

WHEREAS, properties owned by the Federal government are exempt from local taxes; and

WHEREAS, the Federal Payment in Lieu of Tax (PILT) program provides payments to local governments to offset losses in tax revenues due to the presence of substantial acreage of tax exempt Federal land in their jurisdictions; and

WHEREAS, current PILT funding through the Moving Ahead for Progress in the 21st Century Act (P.L. 112-1410 expired in 2013; and

WHEREAS, without further action by Congress the PILT program will revert to a discretionary annual appropriation of the United States government placing current funding to the six affected Sussex County municipalities in jeopardy; and

WHEREAS, the National Association of Counties (NACo) has undertaken a nationwide campaign to restore the PILT program as a mandatory program to offset tax losses in local jurisdictions in which the Federal government owns significant amounts of land; and

WHEREAS, the Walpack Township Mayor and Committee supports NACo’s efforts to restore mandatory PILT funding.

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Walpack that the Mayor is hereby authorized to sign the attached letter urging Congressional action to restore mandatory PILT funding and thereby secure long term Federal funds to the Sussex County municipalities of Sandyston, Montague, Walpack, Hardyston, Vernon and Wantage; and

BE IT FURTHER RESOLVED that copies of this Resolution and the attached letter be forwarded to the Honorable Robert Menendez, United States Senator; One Gateway Center, Suite 1100, Newark, NJ 07101; the Honorable Corey Booker, United States Senator, Gateway One, 11-43 Raymond Plaza Wet, Suite 2300, Newark, NJ 07102; the Honorable Rodney Frelinghuysen, United States Congressman – 11th Congressional District, 30 Schuyler Plaza, 2nd Floor, Morristown, NJ 07960; the Honorable E. Scott Garrett, United States Congressman – 5th Congressional District, 83 Spring Street, Suite 302A, Newton, NJ 07860; The Montague Township Committee, Montague Township Municipal Building, 277 Clove Road, Montague, NJ 07827; Sandyston Township 133 Route 645 Sandyston, NJ 07826; the Sussex County Board of Chosen Freeholders, Sussex County Administrative Center, One Spring Street, Newton, NJ 07860; The Vernon Township Council, Vernon Township Municipal Building, 21 Church Street, Vernon, NJ 07462; the Hardyston Township Council, the Hardyston Township Municipal Building, 149 Wheatsworth Road, Suite A, Hardyston, NJ 07419 and the Wantage Township Committee, Wantage Township Municipal Building, 888 Route 23 South, Wantage, NJ 07461

I hereby certify that the above resolution was adopted by the Township Committee of the Township of Walpack at a meeting held March 25, 2014, at the Walpack Township Municipal Building, Walpack, New Jersey 07881.

Mayor Maglio read the following resolution. Committeeman Heigis made a motion to approve the resolution seconded by Committeewoman Wycalek and unanimously carried.

RESOLUTION TO TERMINATE CONTRACT WITH LADDY, CLARK & RYAN FOR TOWNSHIP ATTORNEY
AND ENTER INTO CONTRACT WITH WEINER LESNIAK

        WHEREAS, Michael Garofalo of the Law Firm Laddey, Clark & Ryan was appointed as Walpack Township’s Attorney for the calendar year 2014; and

        WHEREAS, Walpack Township entered into an agreement with the Law Firm Laddey, Clark & Ryan to provide services as Municipal Attorney based on the condition that Michael Garofalo would serve as the primary attorney to perform the legal services for calendar year 2014; and

        WHEREAS, Michael Garofalo has terminated employment with the law firm of Laddey, Clark & Ryan; and

        WHEREAS, the Township Committee of the Township of Walpack desires to retain Michael Garofalo as Township Attorney for Walpack Township,

        NOW THEREFORE, BE IT RESOLVED that the Township Committee of the Township of Walpack authorizes the Mayor and Clerk of the Township of Walpack to terminate the contract with Laddey, Clark and Ryan for Township Attorney as described herein; and

        BE IT FURTHER RESOLVED that the Township Committee of the Township of Walpack authorizes the Mayor and Clerk of the Township of Walpack to enter into a contract with Weiner Lesniak (Michael Garofalo) as described herein; and,

        BE IT FURTHER RESOLVED that a copy of this resolution shall be published as required by law within 5 days of passage.

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CERTIFICATION: I hereby certify the foregoing to be a true and correct copy of a resolution duly adopted
by the Township Committee of the Township of Walpack, in the County of Sussex, New Jersey, at a
meeting held on March 25, 2014.

General discussion occurred regarding a recent Internal Revenue Service (IRS) audit which took place between September 2013 and February, 2014 where the IRS claimed that federal tax returns were not filed for parts of 2007, 2008 and 2009. M. LaStarza, CFO, researched the financial records and found that the returns were mailed with payment checks enclosed, but the checks for the quarters in question were never cashed. When a compliance audit by the IRS was conducted in 2012, the CFO erroneously thought all prior year tax issues were resolved and that the audit was brought on by the IRS processing a replacement check for those tax quarters and cancelled the payroll deductions payable line item on the balance sheet. In order to pay those taxes in 2014, which are due and owing, the payroll deduction payable must be reinstated. Mayor Maglio made a motion to approve the resolution seconded by Committeeman Heigis and unanimously carried.

WHEREAS, the balance of $17,745.96 was erroneously cancelled in the year 2012, and

WHEREAS, a 2013 IRS audit revealed that there are outstanding taxes for 2007, 2008 and 2009,

NOW, THERFORE, BE IT RESOLVED, by the governing body of the Township of Walpack, County of Sussex, State of New Jersey that the Reserve for Payroll Deductions Payable be reinstated in the amount of $17,745.96

CERTIFICATION: I hereby certify the foregoing to be a true and correct copy of a resolution duly adopted by the Mayor and Committee of the Township of Walpack, New Jersey, at a meeting held on March 25, 2014.

The 2014 budget was introduced for second reading by Mayor Maglio. Mayor Maglio made a motion to open the floor to the public seconded by Committeeman Heigis. There being no comment from the public, Committeeman Heigis made a motion to close the hearing seconded by Mayor Maglio.

IT IS HEREBY CERTIFIED that the Approved Budget complies with the requirements of law and approval is given pursuant to N.J.S.A. 40a:4-78 (b) and N.J.A.C. 5:30-7

IT IS FURTHER CERTIFIED that the Township of Walpack has met the eligibility requirements of N.J.A.C. 5:30-7.4 and 7.5, and that I, as Chief Financial Officer, have completed the local examination in compliance with N.J.A.C. 5:30-7.6.

Dated: March 25, 2014

WHEREAS, N.J.S.A. 40A-4-78b has authorized the Local Finance Board to adopt rules that permit municipalities in sound fiscal condition to assume the responsibility, normally granted to the Director of the Division of Local Government Services, of conducting the annual budget examination, and

WHEREAS, N.J.A.C. 5:30-7 was adopted by the Local Finance Board on February 11, 1997, and

WHEREAS, pursuant to N.J.A.C. 5:30-7.2 through 7.5 the Township of Walpack has been declared eligible to participate in the program by the Division of Local Government Services, and the Chief Financial Officer has determined that the local government meets the necessary conditions to participate in the program for the 2014 budget year, so now therefore

BE IT RESOLVED, by the governing body of the Township of Walpack that in accordance with N.J.A.C. 5:30-7.6a & b and based upon the Chief Financial Officer’s certification the governing body has found the budget has met the following requirements:

    1. That with reference to the following items, the amounts have been calculated pursuant to law and appropriated as such in the budget:

        a. Payment of interest and debt redemption charges

        b. Deferred charges and statutory expenditures

        c. Cash deficit of preceding year

        d. Reserve for uncollected taxes

        e. Other reserves and non-disbursement items

        f. Any inclusions of amounts required for school purposes

    2. That the provisions relating to limitation on increase of appropriations pursuant to N.J.S.A. 40A4-45.2 and appropriations for exceptions to limits on appropriations found at 40A:4-45.3 et. Seq. are fully met (Complies with the CAP Law)

    3. That the budget is in such form, arrangement, and content as required by the Local Budget Law and N.J.A.C. 5:30-4 and 5:30-5.

    4. That pursuant to the Local Budget Law:

        a. All estimates of revenue are reasonable, accurate, and correctly stated

        b. Items of appropriation are properly set forth

        c. In itemization, form, arrangement, and content the budget will permit the exercise of the comptroller function within the municipality.

    5. The budget and associated amendments have been introduced and publicly advertised in accordance with the relevant provisions of the Local Budget Law, except that failure to meet the deadlines of N.J.S.A. 40A:4-5 shall not prevent such certification.

    6. That all other applicable statutory requirements have been fulfilled.

I hereby certify the foregoing to be a true and correct copy of a resolution duly adopted by the Mayor and Committee of the Township of Walpack, New Jersey at a meeting held on March 25, 2014.

A roll call vote followed: Ayes: Maglio, Wycalek, and Heigis Nays: 0 Absent: 0 Abstain: 0 The 2014 Budget will be forwarded to the Division of Local Government Services.

The committee reviewed the correspondence.

There being no one in attendance and no further business to discuss, Committeeman Heigis made a motion to adjourn seconded by Committeewoman Wycalek. The meeting was adjourned at 8:03 p.m.