Minutes: October 10, 2018*

Township Council Emergency Executive Session Meeting

Statement of Compliance

In accordance with N.J.S.A. 10:4-9 adequate notice of this meeting is requested to be waived because such meeting is required to deal with matters of such urgency and importance that adequate notice would be likely to result in substantial harm to the public interest; the meeting is limited to discussion of and acting with respect to such matters of urgency and importance. Notice of this meeting was provided by delivering same to the NJ Herald and Star Ledger on October 9 and was posted in the municipal building. It is noted the public body could not reasonably have foreseen the need for such meeting at a time when adequate notice could have been provided. The purpose of this meeting is for an Executive Session to discuss Litigation Matters. Official action may be taken.

Roll Call of Members

Present were Council Members John Auberger, Daniel Kadish, Sandra Ooms, Mark Van Tassel, and Council President Jean Murphy. Also present was Township Attorney Josh Zielinski Bankruptcy Attorney Louis Modugno and Mo Bauer.

Resolution Requring Separate Action

Council President Murphy asked for a motion to adopt Resolution 18-225.

It was moved and seconded to adopt Resolution 18-225:
Motion: John Auberger
Second: Mark Van Tassel
All members present were in favor.

Resolution #18-225: Resolution Authorizing Emergency Meeting October 10, 2018

WHEREAS, this emergency meeting has been called for the following purpose: Executive Session to discuss Litigation and;

WHEREAS, the normal requirements of the law regarding 48 hours notice have not been met due to lack of time and subject matter, however notices of this Emergency Meeting were sent to the New Jersey Herald and the Star Ledger on October 9, 2018 at 12:36 p.m.

  1. This is a pending item of litigation which requires immediate attention; and
  2. The Township’s position could be prejudiced by any delay in a response which would cause substantial harm to public interest as a result of a delay in holding meeting; and
  3. The need for such adequate notice could not reasonably have been foreseen at a time when adequate notice could have been provided.

NOW THEREFORE BE IT RESOLVED that there should be a vote on this Emergency Meeting of 3/4ths of the members present of the Governing Body.

Salute to the Flag

Council President Murphy led the assemblage in the salute to the flag.

At 5:04 p.m. Council President Jean Murphy asked for a motion to go into Executive Session. Council Member Ooms made a motion to close the meeting to the public and enter into executive session. The motion was seconded by Council Member Auberger with all members present voting in favor.

Township Attorney Joshua Zielinski, read the resolution for Executive Session:

Resolution to Go into Executive Session

WHEREAS, the Open Public Meetings Act, N.J.S.A. 10:4-6 permits the exclusion of the public in certain circumstances; and

WHEREAS, this public body is of the opinion that such circumstances presently exist;

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Vernon as follows:

1. The public shall be excluded from discussion of and action upon the hereinafter specified subject matter.

2. The general nature of the subject matters to be discussed are:

a. Pending Litigation - Mountain Creek Bankruptcy (N.J.S.A.10:4-12 (b) 7) (Anticipated Time of Disclosure December 2019)

3. This resolution shall take effect immediately.

It was moved and seconded to enter into executive session:
Motion: Sandra Ooms
Second: John Auberger
All members present were in favor.

At 6:29 p.m. Council President Murphy asked for a motion to end Executive Session and return to open session:
Motion: John Auberger
Second: Mark Van Tassel
All members present were in favor.

Public Comments

Council President Murphy asked for a motion to open the meeting to public comments.
Moved: John Auberger
Second: Van Tassel
All members voted in favor.

Seeing no members of the public wishing to come forward, Council President Murphy asked for a motion to close the meeting to public comments.
Moved: Dan Kadish
Second: Dan Kadish
All members voted in favor.

Council Comments

Council Member Van Tassel had no comments

Council Member Auberger had no comments.

Council Member Ooms had no comments

Council Member Kadsih had no comments.

Council President Murphy had no comments

Adjournment

There being no further items of business to be conducted on the agenda, a motion for Adjournment was made by Council Member Auberger, seconded by Council Member Van Tassel with all members voting in favor.

The Regular Meeting of the Township Council of the Township of Vernon was adjourned at 6:30 p.m.

Respectfully submitted,
Lauren Kirkman, RMC, CMR
Municipal Clerk

Minutes approved: October 22, 2018