Township Council - Regular Meeting

I pledge allegiance to the republic for it stands. One nation under God, indivisible, liberty and justice for all. 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. Please. Council member Salberg here. Council member Voytovich here. Council member Freelander here. Council member Roya here. Council member Freigha here. Council member Quinn here.

Council member Kelly here. Council Vice President Sackett here. Council President Marson here. Adequate notice of this meeting was provided to the daily record and the official newspapers for the township of Rockaway. Notice was posted on the official bullet board of Rockway Township Township website and notice was filed in the office of the township clerk. Approval of the minutes from the March 10th Township Council meeting. Can I have a motion? So move second. Clerk, please take the role. Council member Salberg. Yes. Council member Votovich? Yes. Council member Freelander. Yes. Council member Roy, yes. Council member Fede, yes. Council member Quinn, yes. Council member Kelly, no. Council Vice President Sackett, yes. Council President Morrison,

yes. Eight yeses, one no. Motion carries. We are going to do the open to the public portion.

Before opening the public portion of this meeting, I want to remind everyone of the rules that apply to anyone who wants to address the council. Any member of the public wishing to address the council will have three minutes to do so. While an extension of time may be requested, it should not be assumed that an extension of time will be granted. While addressing the council, council members of the public may not address or question any individual council member. If anyone addressing the council violates these rules or conducts themselves inappropriately, their speaking opportunity will be terminated and they will be instructed to return to their seat. A refusal to comply will result in a removal from the room. Members of the public in attendance may not make comments from the audience without recognition by the chair. Persons doing so will be subject to removal from the room. As council president, I have tremendous respect for my fellow council members and the public to take the time and effort to attend council meetings. These rules are necessary to protect and respect, but also to permit the council to do its business in an orderly and professional manner. As a reminder, when you come up to the microphone, uh please state your name and address for the record. And there is a three minute time limit. Michael Ardi.

Michael Ardi 19 drive. I see um 02613 on the agenda for um salaries. There's several minimum salaries that are below the New Jersey minimum wage. I don't know if that's an oversight or if there is a reason for that. Um also there's lots of rocks and stuff on Mount Hope and on the interchanges of Route 80. I I know they have a street sweeper that they come down and do it, but they don't do it often enough and either overloading the trucks or not cleaning off the trucks when they get loaded because it's any day you go down that road or on and off of Route 80 off of Mount Hope, there's rocks everywhere. There's also a ton of dirt in the air. I don't know if anyone looks at their car in the morning, but I don't know if it's from Tilcon or from Pikatini, but especially if there's a little drizzle overnight, the cars are filthy with dirt. So, when they do their blasting, I don't know if they're not wetting it down or keeping the dust down, but if something could be looked into for that, because I know people's houses are filthy and the cars are filthy every morning. You could wash your car the night before and they're filthy in the morning. Also, I know there was a request for council reports to be handed in prior to the meeting. I see there's three included tonight. Um, if something comes up from the public or during discussion that a councilman would want to address during their report, I'm assuming that can't happen until the next meeting now because the report needs to be handed in. But there are sometimes things get brought up that it' be nice to get an answer during somebody's report if we could. Thank you.

Thank you, Mr. Lardi. Was that Mount Hope a Was that Mount Just Hope with the rocks and everything you were talking about?

Eric Wilski 120 Richard Street. I'm missing a hearing aid, but I think Mike just mentioned one of the things uh I wanted to discuss and that is the public portion of the meeting right now is at the beginning of the meeting. So, anything that transpires afterwards through your input, it gets deferred by the public. Any questions they have two weeks down the road, if not further. And so, I'm just wondering if there's an opportunity, and if not, why? We couldn't bring that open to the public back to the end of the meeting, which I think it used to be that way. And I think that's pretty common practice in other municipalities. um code enforcement had a situation many situations on my street in Richard Street. There are issues there most recently beyond your house Susan uh pole barn or whatever it was called in violation. I think there was going to be uh something issued but if not that poleb barn was to be taken down and as of today it's still standing there. So I don't know what kind of protocol code enforcement um has of something like that. Certainly like to understand that a little little better. Um, I apologize, I missed the budget meeting, but I did watch it. Um, and correct me if I'm wrong. One of the things that was spo talked about was the reserve fund and how important that is to cover things like snowstorms and the associated expenses with that

um, manpower, materials, and so forth. And then fast forward to the PD section. I think there was 300 some odd thousand of overtime allocated. And this is the part I don't know. Is any portion of that overtime that's uh acrewed during storms and events like that. Is that part of what the reserve fund is for? And if it is, then should we be reducing that line item on the overtime? Um, the last item, it's been frustrating for me for a while, had a uh opportunity last year to call into both engineering and um to the CFO. And I learned at that time that when when you when the the voicemail clicks on, all you get is you've reached extension 21102. So I would leave a message who I am. Uh this is a message for so and so. Um had some conversation with that.

I'm sorry. If I can just finish.

Yeah, you're at time. But finish your thought. And it's confusing to me on why there's a hesit hesitancy or resistance to uh put your name on their voicemail. I work for a company. Anybody that works in corporate America has a responsibility or that has a designated phone line. You'll typically call them. You'll say, "You've reached you reached the the office of Harold Morrison, so and so and so and so. leave a message after the beep. If you call into the engineering department or the CFO in the administration, what you get, and I just checked it on the way over today, is you've reached the engineering department, you reached the finance department. I think the public deserves to know especially if they're calling um that they've reached they want to talk to the person um Allison as an example in engineering then darn it Allison's name should be on there in her voice you've reached Allison Fonte whatever her title is of such and such engineering department I'm not here right now leave a message or uh I'm out of town or I'm on vacation um you know please leave a message or you can contact soand Um I don't know what the aversion is to that happening or but you know the administration in particular um services us the taxpayers. Um it's common in business. Not sure why it's not here.

Thank you. Thanks Council President. I'd like to answer some of Mr. Wakowsky's

I'm going to ask you to hold off on that. Um so ju just a couple things um because I think you brought up some good questions. So I'd like to take the opportunity to address some of them. The public portion we used to have at the end, right? So the thought process there is by the time we get to the end, voting's done, right? So what's done is done, you know? So it by putting it before and again we publish the agenda, you have time to digest it and give your, you know, give your two cents before we vote on it, right? So, I see both sides. I'd rather give the public the opportunity to speak on things for the council people to consider before we vote on it, if that makes sense. Um,

what have uh Yeah, we'll think about it. Um, as far as the uh the general fund, and correct me if I'm wrong here, there's a certain percentage I think that's recommended. The point is is it with when you have a certain amount in the fund, it our bond rating is better which lowers interest rates. Correct. Okay. So that's it's actually a taxpayer benefit. It's a benefit, but we also he was asking about the um the overtime. Yep.

So um what we do is anything that is left unexpended in the snow and ice um line item within the budget, if there's any money left over, I move that into the trust to build those reserves. Same thing with police overtime. If there's any overtime that is unspent, it will go into that trust to be used for a future snowstorm or any any type of storm. It's not just So, it's not lost. No, no, it's not lost. Okay. Um, and then I I like the point about the voicemail. I think it's valid. And again, I don't want to answer for you. Uh, I just when you're reaching engineering, there's so many people that check that voicemail. It's just my guess. We are in the process of trying to correct that. Those those complaints are heard and loud and clear. So, we are we are working to um to resolve that matter.

She's working on it now. They had been working on that before. I I don't know. Okay. He also had a notice of violation question here. Mr. Kelly, we're we're done. Um Okay. Uh introduction of the 2026 municipal budget. Uh before we do this again, I want to thank administration for the copious amount of work that they put into here. I want to thank the council for their due diligence, excellent questions, and work on the budget. Ordinance 02608, ordinance to exceed the municipal budget appropriation limits and to establish a cap bank. Can I have a motion? So move. Second. Clerk, please take the role. Council member Sberg, yes. Council member,

yes. Council member Freelander, yes. Council member Roy, yes. Council member Freed, yes. Council member Quinn, yes. Council member Kelly, no. Council Vice President Sackett, yes. Council President Marson.

Yes. Eight yeses, one no. Motion carries. Um, okay. So, for the next resolution, I do have to read something into the record. Uh, it is a little bit lengthy, but I will try to get through it. Um, and it is a requirement for again for the next resolution to introduce the budget. Resolution R26-67, a resolution to introduce the 2026 municipal budget of the township of Rockaway in the county of Mars. Be it resolved by the township council of the township of Rockaway in the county of Mars, state of New Jersey, that the following statements of revenues and appropriations shall constitute the municipal budget for the year 2026. Municipal budget is under revenues. General revenues uh 12,487,873.33 local tax for municipal purposes 31,186,271.16 minimum library tax 2,261,55 even total general revenues $45,934,95549 appropriations municipal purposes 42,644,95549 reserve for uncollected taxes $3,290,000 total general appropriations $45,934,95549 water operating budget revenues rents fees and miscellaneous 3,363,4 appropriations general expenses 3,363,000 4 open space, recreation, farmland, and historic preservation trust fund. Revenues uh amount to be raised by taxation $459,685.70. Appropriations for general expense is $459,685.70.

Be it further resolved that said budget be published on the official website at www.roawaytownship.org report on March 30th, 2026, together with a public notice that the public hearing will be held at the municipal building on April 28th, 2026 at 7 p.m. or soon thereafter as the matter can be conducted by the township council. Point of order. Uh, Council President, not recognized. Uh, point of order again, Council President, there's not a matter of you recognizing. Uh, you are not recognized. I have a question. Uh, council Mr. Kelly, I clearly said you were not on R 2667 about the introduction of the budget. I have

Kelly, you are not recognized. That is four times I've said you are not recognized. Resolution R 2667, a resolution to introduce the 2020 municipal budget of the council president 5.1. Can I have a second? Clerk, please take the role. Council member Sberg, yes. Council member Voytovich, yes. Council member Freellander, yes. Council member Roy, yes. Council member Freight, yes. Council member Quinn, yes. Council member Kelly, no. Council Vice President Sacket, yes. Council President Marson,

yes. And I uh eight yeses, one no. Motion passes. Resolution R 2668, resolution for self-examination of the 2026 municipal budget. Can I have a motion? So move. Cler, please take the role. A second. I need a second. Who second it? I'll second. Okay. I'm sorry. Thought it would second it. Council member Salberg. Yes. Council member Voyovich. Yes. Council member Freelander. Yes. Council member Roy. Yes. Council member Freed. Yes. Council member Quinn? Yes. Council member Kelly? No. Council Vice President Zackett? Yes. Council President Morrison?

Yes. Eight yeses, one no. Motion carries. All right. Resolution R2672. Um, I want to just for the uh benefit of the public and the rest of the council, uh, there there's a lot to unbox here, so I just like to uh go over a couple of things. So, uh, we received an email on March 19th from Councilman Kelly, uh, with this lengthy resolution, um, which mandates, uh, early public release of of what we commonly refer to as the budget book, uh, with all materials, um, significantly prior to the budget meeting. Um, procedurally, notwithstanding the uh the the meat of it, um, procedurally um, it was not following our ordinances. So, according to our ordinance, uh, or ordinances or resolution shall be drafted by or receive the approval of the township attorney as to form and legality. Obviously, that kind of makes sense. We want our legal counsel to keep the town out of uh, harm's way. Um, Mr. Kelly did not follow the procedure in this. Yes, I did.

Kelly, you're not recognized. I'm Well, I'm correcting you. You're incorrect. Recognized. Even the clerk was not Please notify me immediately of any edits to my resolution by you or the township attorney with the submission of that resolution. There was also edits made to that resolution that was put on the agenda for the review. So, you're lying to the public. Kelly, you are out of order. Debate. No debate. You have to debate under 251. Now, you're violating the administrative code. Which administrative code are you referring to? 251

regarding objections to you, Mr. Council President. I object. Questions of order, methods of organization, and the conduct of the business uh shall be determined by the council president. Continue it. Unless there is an objective to a determination, which case matter shall be determined by majority vote of the council member. You continue to block my objection and have it went to a vote and for the reason of the objection. So the reason for the objection I'm not giving you a chance not to vote. We're we're not there yet. So you're interrupting. I made an objection, Mr. Kelly. I'm g you're interrupting me and I'm not giving you the floor at this time.

Um just so everybody understands um Mr. Kelly is asking to you know change established administrative processes. Not true. Mr. Kelly, you are out of order. I'm correcting you. First of all, you've never spoken to me about this to ask me to have the intent of what my resolutions for. You are. I would be the better one to decide that because I'm the one that drafted it. Mr. Kelly, so let me read it. You No, you are not recognized. Why won't you let me read it? Because I'm talking right now, but I'm not going to have you interpret what I wrote. Mr. Kelly, you do not have the floor. All right. Nobody interrupt you when you I object to what you're doing now.

Feel free to object. I'm going to finish my thought. Okay. And then we are going to follow the quorum. I know you're not providing accurate information to the public based on the resolution that I drafted and submitted to the clerk that all of you, including the town attorney, reviewed. You are out of order. I'm not out of order. I'm just correcting you. Okay. I've made multiple objections and you won't actually address my objection. So, just to make sure people understand, um, what Mr. Kelly is asking for, I mean, really shouldn't be done in a resolution anyway. Um he he's asking to change a township law which really should be done ordinance. Mr. Kelly, you're out of order. You're wrong.

Mr. Kelly, you're out of order. Um so currently there are two complaints pending before the government records council. It's called the GRC. Uh the complaints are identical. Um what's the complaint name? Mr. Kelly, you are out of order. What's the complaint name? Why will you not respect the quorum of the council? I'm asking you to provide identification on these alleged complaints. What are the complaint names and what are the GRC numbers?

There are two identical complaints filed by the same township president um challenging the township's position that the early release of the budget book is contrary to the quote deliberative process privilege. In OPRA terms, the privilege translates in what's commonly referred to as the advisory consultative and deliberative exception. This exception prevents the open release of records that are part of a deliberative process such as budget drafts, questions and answers concerning a draft budget, etc. Um, the opinion of our council handling our defense against the GRC complaints complaints is that the privilege should apply in this case. All right. The proposed resolution, Mr. Mr. Kelly's proposed resolution is clearly designed to prevent the township from relying on a legally recognized privilege.

It's absolutely false. Mr. Kelly, you're out of order. You are completely lying to the public right now. Mr. Kelly, you are out of order. I object. Okay. I'd like to give you a formal warning at this point, Mr. Kelly. Your goal is to obstruct the business of the council. That's not true. Mr. Kelly, I object to your decision. You do not have the floor. Mr. Morrison, I am not to object to anything that you say that is contrary to the truth or to what is submitted to this council. Mr. Kelly, listen. I understand your point of view. All right. I What is my point of view,

Mr. Kelly? I at least me and I would hope the rest of the council, all right, would take the advice of our legal council, okay, as opposed to somebody who has no legal training. I know you fancy yourself a lawyer. All right, but you are not. So, I would like to let our town our our town attorneys, right, provide guidance. Now, everybody can vote their conscience. All right? This is just guidance. I'm not refusing to let you put in your resolution. I will, however, preface it by stating the facts. Okay? You haven't read one fact yet in regards to my position on the resolution that I drafted. And I would you one question then. Would you allow me to respond?

As soon as we're done. Okay. Okay. Don't know what before before the vote. I would want to have a Oh, I'm going to give you a chance. Okay.

Um but again, the Mr. Kelly, the decorum of the council requires that people take it seriously. And listen, nobody interrupts you when you talk. This is not about who talks last or who talks loudest, okay? This is about following procedure and policy and doing right by the town. I know that you think that you are the only one that is concerned with our town. It's just not true. Okay? and we're going to follow the processes. We're going to give the public the due and respect that we owe them. All right? And we're not going to constantly interrupt. All right? Now, as far as being not recognized and out of order, I I lost count at 10 each. Okay? I'd like here's a good example.

I have 12 of you not recognizing the initiative code for where I Here's another one. Okay. So, I would like to I object, Mr. President. Mr. Kelly, you're making my point for me. Okay. I would like to officially give you a warning that should you consider to disrupt the council processes, all right, I am going to call for a vote of censure. All right. Now, should that pass, you will not be permitted to speak on anything except for the matter of voting yes or no on any vote that requires you to do so. I object again, council president. Understood. And I'm going to point of order. You have to define that. You do not, Mr. Kelly.

Yeah. You can't chill my first amendment right end of it. Mr. Kelly, you do not have the right all right to disrupt. I'm not disrupting the meeting. I'm only correcting you, council president, from the four false truths that you're mentioning to the public. You know that as well as I do. Okay. Anyway, so regarding regarding Mr. Kelly's resolution, uh it is our legal counsel's

recommendation. There are a couple ways that we can proceed. Any council member can make a motion to withdraw the proposed resolution from the agenda. All right, that motion will require a second and a second to proceed to a vote. The resolution can remain on the agenda and move for a vote. The seconded voting would proceed as usual. All right, I am not pulling the resolution. All right, I am merely giving background and pointing out what our paid legal counsel recommends. Now, can I read the count of the resolution? Watch. Watch this. I'm going to give you the floor and I will not interrupt you. Three minutes. Go ahead.

For the introduction of the resolution. No, no, no. To you could say, you could have three minutes to say your piece and then we will introduce the resolution. You can introduce it just by again like any other resolution, reading the resolution as what's on the agenda. Council President, just to make sure the same thing that with Mr. sacket under 2651 and then under my resolution 2662 you allowed me to read it entirely and then provide a a cause for the resolution. I understand the resolution is it's a little bit lengthier than the other one so it would take a little Kelly the resolution is in the public domain. It's in the agenda package. You're not going to let me read it like you did with Mr. Sacket.

I am giving you three minutes. You can use it however you choose starting now. So that before this uh governing body and as well as the members of the public, we had a budget meeting on the 14th of March and just like we have a a meeting today, there are documents presented for the uh public to review prior to any action that the council would take. So the March 14th uh budget meeting that we had, we had a budget meeting with the budget books. We had action that took place. um we had votes, things passed, things didn't pass, but the public was not had the ability to actually participate with accurate knowledge in regarding to what we were looking at. So, this resolution 2672 clearly follows statutory process um under 4869 uh 40E, it is the mayor's duty to provide a budget for the council to review and it's also mirrored in our ordinance 231i. In addition to that, we have following under 4A uh colon 4-5 and four of a time frame when it has to go in front of the budget for us to vote upon. And then we also have 471A1, which is OPRA, the Open Public Meeting Act, I mean record act for documents that people would want to review to get some information prior to any action taking place. What's puzzling to me is that through that whole entire process that we had all that action and it was seven hours in front of the public. Our council here, council president Morrison doesn't want the public to review any of the documents leading to the introduction of it as well as the adoption of it. He only wants you to review it after the adoption in a different format. In 2018 and 19, we had no problem publishing all this information on the website prior to the adoption of our budget. Nobody was harmed. There was no issue. Oprah is not mandatory and there is nothing in any of the provisions that are in this resolution presented to you that says we cannot provide the documents. Even if

Mr. Jafano was to be successful in the Oprah complaints, which he hasn't even identified them, all that is is under Oprah somebody requesting it. Nothing bars us from providing information to the public to review. And if the administration is so confident on those numbers that they give us and this council is so confident of the action that we took place on the 14th of the budget meeting, why wouldn't they want the the members of the public to review to see where our money is going, the savings and the spendings? They don't because it's reckless on how they spend. There's a lot of meat that's inside there and we could have cut to benefit the taxpayers. Instead, Mr. uh Morrison believes that he is some type of a therapist and he can read the minds of others and give some of an interpretation of what the intent was. This was only to be transparent, allow the public to review the same documents that their elected leaders look to review. Perhaps you may have some suggestions from the audience. You may oppose some of the spending that's there. You may have some other concerns of some of the monies that was being dispersed in different directions. You don't because we don't provide it to you. We only provide it after the fact, never before. So the intent of this is only to provide the public with access to the same documents that we have. I can finish the thought, right?

Yeah. The same access to the documents that we review that are public documents. Salaries. You can go on data universe and get the same salary information that's in the budget. You can get the expenditures that we have on there for materials, for services, for contracts, for agreements. But they don't want you to have this prior to and that's something that I'm passionate about for the public to review the same documents that we have to see what we're looking at when we make our executive vote. We're the legislative branch of government. We create and we also are the pur strings for the taxpayers. Okay. So I make a motion No, no, hang on.

No, I make a motion to uh move resolution 26-72. Move. What do you mean? You got to move that you're gonna We're gonna You're going to vote on it. You're making a motion for it. Yeah. Okay. Right. You would support transparency for the public, wouldn't you? See, the thing is you're trying to Here's the deal. Wouldn't you want the public to review the same documents that we have? Well, I don't know why you can't control yourself and let other people speak. You know, the thing is is you throw things out there that are just completely not true. No, you're describing yourself now, Mr. Morrison. Okay. Is there a second for the motion? This council's against transparency. Thank you.

Again, you put the council in an impossible situation. Mr. Kelly, please. We're not on the schoolyard. Please let people talk. I understand. There you go. Yeah. I mean, if you would have we would have a regular debate, Mr. President. Maybe we can get a better understanding. Capable of a debate. You cannot let anybody speak. I think it's the other way around, Mr. President. I'm sorry, Mr. Yoshon, did you have something to add? Okay.

I I I just wanted to add that, you know, I can confirm that whatever the council president just said, meaning that there was legal advice from our attorney is 100% factual. So, and I don't want this to seem like it's a back and forth that, you know, council president says one thing, council me says another. There was definitely legal advice given to, I believe, all the council members. I mean, I think we were blind copied, but we all received it and that was the advice of the council and that's why we're we're following through. But in all, Mr. Kelly, there was no legal basis for even you are not recognized. That's a poor legal.

Mr. Kelly, you are not recognized. 02609 bond ordinance appropriating $4,248,890 and authorizing the issuance of $3,268,595 bonds or notes of the township for various improvements or purposes authorized to be undertaken by the township of Rockway in the county of Morris. Can I have a motion? So move. Second. Clerk, please take the role. Council member Salberg, yes. Council member Voytovich, yes. Council member Freellander, yes. Council member Roy, yes. Council member Freed, yes. Council member Quinn, yes. Council member Kelly,

yes. Council Vice President Sacket, yes. Council President Morrison, yes. Nine yeses. Motion carries. 26-10 bond ordinance appropriating $1,730,000 and authorizing the issuance, excuse me, of $1,690,000 bonds or notes of the township for various improvements or purposes authorized to be undertaken in and by the township of Rockway in the county of Mars, New Jersey for the water supply and distribution system of the township. Can I have a motion? So moved. Clerk, please take the role. Council member Salberg, yes. Council member Votovich, yes. Council member Freelander, yes. Council member Roy, yes. Council member Freeday, yes. Council member Quinn, yes. Council member Kelly,

yes. Council Vice President Sacket, yes. Council President Marson, yes. Nine yeses. Motion carries. Ordinance providing for improvement of various roads in and by the township of Rockway in the county of Mars, New Jersey, and reappropriating $750,000 therefore from proceeds of obligations of the township hereto for issued and funds available under ordinance of the township hereto for adopted. Motion second. Cler, please take the role. Council member Sberg, yes. Council member Votovich, yes. Council member Freelander, yes. Council member Roy, yes. Council member Freed, yes. Council member Quinn, yes. Council member Kelly, yes. Council Vice President Zackett, yes.

Council President Morrison, yes. Nine. Yes. Motion carries. O2612, an ordinance fixing the salaries of various officials and contractual employees of the township of Rockway in the county of Morris. I have a question on this though, Mr. Morrison, just because there's some additions that were from the previous ordinance in 025.

Mrs. Paul Mary um on uh on 2612 what what are the ones that are added on that we didn't have before as far as title? We didn't have already clerked threes

on this one. Okay. And was there a reason why? Okay. Thank you. Could I have a motion? So moved. Second. Clerk, please take the role. Council member Sberg. Yes. Council member Voysovich. Yes. Council member Freelander. Yes. Council member Roy. Yes. Council member Freeday. Yes. Council member Quinn. Yes. Council member Kelly. Yes. Council Vice President Sacket. Yes. Council President Morrison. Yes. Stein. Yes. His motion carries. O2. 2613. An ordinance fixing the salaries of various officials and non-contractual employees of the township of Rockway in the county of Morris.

Same question. Uh council president. Mrs. uh Paul Mary. I don't believe any were added to this one. This was not one that included the an assistant engineer. I believe the assistant engineer was in last year's that was in it. Okay. Can I have a motion? So move. A second. Clerk, please take the role. Council member Salberg. Yes. Council member Votovich. Yes. Council member Freelander. Yes. Council member Royek. Yes. Council member Freed. Yes. Council member Quinn. Yes. Council member Kelly. Yes. Council Vice President Sackett. Yes. Council President Marson. Yes. Nine yeses. Motion carries. Okay. Move.

President on the consent agenda. Remove R 2666 for separate discussion and vote. I'll second that. Cler, please take the role. I wasn't making a motion. That was just Will we do it by motion? Well, that's not the law, though. I understand you again. You think you're a lawyer, but we're going to do provide me with the law that requires this. Clerk, please take the role. Council member Salberg, yes. Council member Votovich, yes. Council member Freellander, yes. Council member Roy, yes. Council member Freay, yes. Council member Quinn, yes. Council member Kelly, yes. Council Vice President Sacket, no. Council President Marson,

yes. Eight yeses, one no. Motion carries. Okay, we're we'll do the rest of the consent agenda first. uh R2663, R2664, R2665, R2669, R2670, R2671. Can I have a motion? So move. Second. Cler, please take a roll. Council member Salberg, yes. Council member Voytovich, yes. Council member Freelander, yes. Council member Roy, yes. Council member Freeday, yes. Council member Quinn, yes. Council member Kelly, yes. Council Vice President Sacket. Yes. Council President Morrison.

Yes. It's nine yeses. Motion carries. Um all right. If we're going to have discussion on R266, uh again, I'd like to keep it to three minutes uh per council person. Uh you made the motion, Mr. P. You have uh in regards to the the resolution, we're we're rescending two additional resolutions. Uh one, what would be the reason for the rescending of those resolutions? Mr. Yachtano,

my understanding is that we're talking about the same property and two and three successive cannabis retailers who wanted to use the same property. Uh, one after the other, they fell apart in terms of their ability to lease the property. And, uh, this is the survivor who apparently had the werewolf do it. So the reason for rescending the two would be you wouldn't want two uh contradicting resolutions on on the record. Basically correct. Yes.

So we we as the council like we we couldn't keep a resolution that would contradict another resolution on the books. I'm just making sure that I'm understanding. proper the proper procedural approach is to resend or vacate res prior resolutions that should no longer be active for any purpose. That's what this is about. And what would happen if we didn't do this so the public knows that's why we're doing it. Mr. Kelly, I'm not here to be a fortune teller. I gave you my answer. Mr. Yachafano, I just need to remind you that you are legal counsel for this council. So I don't think you select what you want to do or not. Mr. Kelly, that's exactly what we're paying him for. Please don't admonish our counsel. You're you're paying him not to give us advice. Mr. Kelly, you're asking him to make something.

You can call him on his cell phone. He'll give you advice all day long. I ask him at a meeting, he won't even answer my question. Is it possible for you to have a discussion without throwing out barbs and insults? Is it possible? It's not Barb. Where's the insult? Mr. Kelly, I am more apt to take the advice of our legal counsel. All right. Over quite frankly, you. You're asking him to for suppositions of things he could not possibly answer that may happen in the future. And to frame it as him not wanting to answer is a little silly.

I don't think so, Council President. And what we have here is R2553 and R24169. And again, it's it's interesting that we've had prior motions that weren't rescended that oppose motions following. And what he just answered to me was that we can't do that. We can't leave resolutions on the books that oppose one another, right? You would agree with that. I'm not agreeing with anything you're saying because Well, he said that. I'm just I'm just reiterating what he said. That's not what he said. So then, Mr. Yafo, can you clarify that then, Mr. Yafano since I seem to be Hang on a second cuz you're you have 10 seconds left. So finish. Well, you've interrupted me on all that time. Finish your finish your thought.

Mr. Yachafano, could you just correct that again then? So you can only answer to me if Mr. Morrison says it's okay. Mr. Kelly, um he's pointing to you.

You know, we we can see the script here. Uh it if you listen carefully at council meetings, it's always the same thing. It's like a a loop. Where are your citations? Where are your cases? What are you doing? I don't believe your advice. Okay, it's simple. It's honest. It's straightforward. two prior entities who sought to rent this property for canabas for cannabis purposes didn't qualify in terms of the property owner for a lease. The protocol, as I understand it, was that they need the approbation of the approval, excuse me, of the council in order to complete the process with all the rules, regulations, etc. One failed, the other failed shortly after the council did its job, which is the same job it's being asked to do tonight based upon the evidence that's been submitted. And it just makes simple common sense. So, just to and just so the public's aware, what we do is we ask the council gets their packets on the Friday before the meeting, we ask the council if they have any specific questions such as this to email administration so we can give we can get the proper information, right? We generally try to avoid situations like this um so as not to you know give the view that you know one person is not doing the right thing and the other person is the only one doing the right thing. Again, the rest of the council, you know, follows these procedures. Again, just to make sure that we have the information we need. Now, I did do that on this. Correct me if I'm wrong. The way that I understood it from what I got was when a cannabis retailer wants to go into a space, they need in order to get their license or their paperwork, they need the approval of the township

council, right? And that is done via a resolution like this. now correct because there are two other uh retailers that tried and failed. The resolution R24 happened in 2024 and R25 and 53 happened in 2025. These were similar resolutions to the one that we're doing now. However, because these companies dropped out, those resolutions no longer stand and now we support the current person going for their licenses. And and the one thing was left out is that it makes no sense to leave on the books, so to speak, right? Resolutions that are no longer viable.

So essentially, it's simply procedural. Yeah. And that's all. Okay. Mr. Wtovich, you did you want to speak on this? I just wanted I'm sorry. Same three minutes. Yeah. Go ahead.

You know, the resolutions I'm not concerned about revoking the the other ones. Uh it's they're supporting the cannabis retailer and its location. Uh I just want to say that, you know, I think there's way too many in my opinion dispensaries in the area. You go north on Green Pond Road, Route 23 has about three of them. You go to uh Rockway Burrow, there's another one there. There's there's way too many uh dispensaries in my mind. And I don't want this to seem like there's a liquor store on every single corner like some municipalities. Uh I would be uh be uh against this the location and supporting another cannabis retailer in that township. Is this the same is there

is this the same kind from Rockaway Burough? I believe so. I don't Is anybody here a uh a patron there? Mr. Kelly. Well, there be a conflict if there was. Right. Mr. Kelly, it's irrelevant. Right. Really? Is there anybody else from the council that wishes? Yeah. Is there anybody else from the council? Everybody else, please order. Um, is there anybody else from the council that wishes to speak on this? I do right now.

Okay. Um, I make a motion for resolution R266, revoking resolutions R2553 and R24169. supporting the location and operation of a class 5 cannabis retailer by Kind Kush Rockaway Township LLC within the township of Rockaway. Can I have a second? I'll second. Clerk, please take the role. Council member Salberg, yes. Council member Votovich, no. Council member Freelander, yes. Council member Roy, yes. Council member Roy, yes. Council member Freed, yes. Council member Quinn, yes. Council member Kelly, no. Council Vice President Sackett, yes.

Council President Morrison, yes. Seven yeses, two nos. Motion carries. Okay. Uh, Alejandro Gimenez Fontana for full membership of fire company number four. Can I have a motion? I'll second. Dealer's choice on that one. Cler. Council member Salberg. Yes. Council member Voytovich. Yes. Council member Freelander. Yes. Council member Roy. Yes. Council member Freeday. Yes. Council member Quinn. Yes. Council member Kelly. Yes. Council Vice President Sacket. Yes. Council President Marson. Yes. Nine. Yes. Motion carries. Congratulations.

I have new business too. Council President. Uh, no. New business and reports were to be submitted. No. No. You only had reports that was indicated on your motion. Kelly, you're not recognized. I have new business to bring up. Mr. Kelly, Mr. May would be something that maybe you could help with. Kelly, you are not recognized. There was no motion for any direction on Mr. Sacket. Made a motion to adjurnn. I'll second it. Clerk, please take the role. Council member Salberg, yes. Council member Vovvich, yes. Council member Freellander, yes. Council member Roy, yes. Council member Freed, yes. Council member Quinn, yes. Council member Kelly, no. Council Vice President Sacket, yes. Council President Marsen.

Mr. Mayor, I apologize that we could not conduct this meeting. I know you had a couple statements to make. I do apologize for that. To the rest of the public, I apologize for the circus that is going on here today. Rest assured that the majority of the council does not endorse it and wishes it didn't happen. I vote yes. I also I apologize for having the council president lie to this resident.