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FREEHOLDER MEETING OF APRIL 10, 2019 AT 6:00PM

FREEHOLDER MEETING ROOM

Item

1. CALL TO ORDER BY DIRECTOR Yardley

2. ROLL CALL Freeholder Fantasia, Freeholder Hertzberg, Freeholder Petillo, Freeholder Yardley

Also present: County Administrator, Greg Poff, County Counsel, Kevin Kelly; Clerk to the Board Teri
Lyons

Absent: Freeholder Graham

3. MOMENT OF SILENCE AND SALUTE TO THE FLAG

4. PUBLIC STATEMENT

"Pursuant to the Open Public Meetings Act, Chapter 231, P.L. 1975 Adequate Notice as defined by
Section 3D of Chapter 231, P.L. 1975, has been made by regular mail, such notice being submitted on
April 5, 2019 from the Administrative Center of the County of Sussex, located at One Spring Street,
Newton, New Jersey to the following:

New Jersey Herald WSUS Radio


New Jersey Sunday Herald WNNJ Radio
Star Ledger

and is also posted on the bulletin board maintained in the Administrative Center for public announcements
and has been submitted to the Sussex County Clerk in compliance with said Act."

5. APPROVAL OF AGENDA

MOTION to approve the Agenda made by Freeholder Petillo; seconded by Freeholder Fantasia
(Voice vote)- All in favor

6. EXECUTIVE SESSION – (Closed Session)

RESOLUTION RE: PROVIDING FOR AN EXECUTIVE (CLOSED) SESSION NOT


172-2019 OPEN TO THE PUBLIC IN ACCORDANCE WITH THE
PROVISIONS OF N.J.S.A. 10:4-12 ET SEQ.

WHEREAS, the subject matter(s) about to be discussed may be excluded from the
public portion of the meeting by Resolution of the Board of Chosen Freeholders as an
exception to the “Open Public Meetings Act” pursuant to N.J.S.A. 10:4-12 (b); and

WHEREAS, it appears necessary for the Board of Chosen Freeholders to discuss


such matter(s) in Executive Session.

NOW, THEREFORE, BE IT RESOLVED that the Board of Chosen Freeholders of


the County of Sussex, in accordance with the provisions of N.J.S.A. 10:4-12(b) and
N.J.S.A. 10:4-13 that the Board at this time enter into an Executive Session from
which the public shall be excluded; and

BE IT FURTHER RESOLVED, that the general nature of the subject(s) to be


discussed relate to the following item(s) authorized by N.J.S.A. 10:4-12(b) as designated
below:
_______ (1) Matters Required by Law to be Confidential:

_______ (2) Matters Where the Release of Information Would Impair the
Right to Receive Funds:

_______ (3) Matters Involving Individual Privacy:

____ _ (4) Matters Relating to Collective Bargaining Agreements:

_______ (5) Matters Relating to the Purchase, Lease of Acquisition of Real


Property or the Investment of Public Funds:

_______ (6) Matters Relating to Public Safety and Property:

X (7) Matters Relating to Litigation, Negotiations and the Attorney


Client Privilege;

Opioid Litigation
Update on Mt. Creek Resort, Inc. et al

_ (8) Matters Relating to the Employment Relationship:

(9) Matters Relating to the Potential Imposition of a Penalty:


BE IT FURTHER RESOLVED that the deliberations conducted in closed session may be disclosed to the public
upon the determination of the Sussex County Board of Chosen Freeholders or provided by law that the public
interest will no longer be served by such confidentiality; and

BE IT FURTHER RESOLVED that upon completion of the business, for which the Board has entered into the
Executive Session, the Board shall reconvene and resume its meeting open to the public.

BE IT FURTHER RESOLVED that the Board expects to take formal action after returning from Executive Session
except to adjourn the regular meeting.

MOTION to adopt the Executive Session Resolution and enter into Executive Session at 6:10 made by
Freeholder Hertzberg; seconded by Freeholder Petillo
(Voice vote)-All in favor

MOTION to adjourn from Executive Session and return to Regular Business at 7:00 PM made by Freeholder
Petillo; seconded by Freeholder Fantasia
(Voice vote)-All in favor

7. PROCLAMATIONS/CERTIFICATES/PRESENTATIONS

A. Proclamation

1. Sexual Assault Awareness Month Proclamation- Kailey Denzer-Weiler DASI 172-2019


2. Ginny’s House Child Abuse Prevention Month- Kristi Young 173-2019
3. Wear Purple Day- April is Alcohol Awareness- Nick Loizzi 174-2019
4. Eagle Scout Courts of Honor for Joshua Speizer and Christopher Schindelar – Sylvia
presenting- Will be postposec to next meeting
5. Nicole Medina Honey Princess- Nicole Medina 175-2019
6. National Telecommunicators’ Week-Mark Rozek and Andrea Wehrenberg 176-2019

MOTION to adopt the Proclamations 1-6 made by Freeholder Petillo; seconded by Freeholder Fantasia
(Voice Vote)-All in favor

B. Presentation

1. Dr. Jon Connolly, President , SCCC


2. Byram Police Chief Zabita and Sparta Police Chief Spidaletto- Cram the Cruiser Food
Drive

Dr. Jon Connolly first congratulated Ms. Medina, who is a sophomore at Sussex County Community College.

Dr. Connolly reported that the College tries to deliver its mission and to fulfill this we continue to offer programs that
are academically relevant. We are very proud of our Nursing Program and the partnership we have with Passaic
County Community College. With this Partnership success, we are considering more in the field of Health Sciences.
Currently we are very close to launching a Health Information and Management Program, which would primarily be
delivered on-line. This program would deliver a very important part of what is needed in today’s health care
marketplace. Today everything relies on insurance and all the medical diagnosis has codes. It is critical that skilled
personnel load into the coding system the correct information which is the basis for physicians and health care
providers to be reimbursed. This industry needs people who understand and know how to do code and also Heath
Information Managers who have comprehensive understanding of Coding. There is a great demand for these
personnel in the work place and not enough skilled workers to keep up demand.

SCCC had a Medical Assistant Program, which was a non-credit program. We have decided to bring this program
back and make it an accredited program toward an Associate Degree in Applied Sciences.

A Massage Therapy program will also be instituted so students can apply this training in the field of physical
rehabilitation. We are also considering a program in the field of electrolytes. We have found this skill set is being
employed to assist those individuals suffering from endocrine disorders.

On the technical trade side we hope to offer an electrical line program to attain an Electrical Line Associates and
Certificate. This program would be through a partnership with Sussex Rural Electric in conjunction with Walkill High
School.

We are currently in talks with Thor Labs for they have approached us to consider an Optical Technology Program.

Dr Connolly emphasized that all this works when the student feels a sense of belonging. Just going to class is not
enough. We refer to this as the “social capital”; it is what students require in order to stay on track.
The Veterans program is an example of this. Veterans have a philosophy that no student is left behind, and you have
this same culture in athletics.

Through the McGuire Project, we will be able to have the technical programs in automotive, welding, construction
trades and the future home for a machine tool program. Through our relationship with Sussex Technical High School
we will be able to offer an auto body repair program. The purchase of the McGuire property is pending environmental
clearance.

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The College radio station is supported by advertising completely solicited by the students. Having this marketing
exposure is another opportunity for the students and we soon will be creeping into Station Programming. The Station
has a new transmission tower.
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In conclusion April is Community College Month with Community College Day celebrated on April 18 . There will be a
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series of speakers and tours, including the ribbon cutting ceremony for the new Green House. On April 27 , we will
host our first agricultural conference in collaboration with Rutgers Extension.
Dr. Connolly thanked the Board of Chosen Freeholders for this opportunity to update them on SCCC happenings.

Byram Police Chief Zabita spoke on their food drive, Cram the Crusier. Sparta Police Chief Spidaletto was absent due
to illness. They will have every police department in the County including the Sheriff’s Department and New Jersey
State Police. Almost every grocery store in the County will be participating from 10AM to 5PM. We will collect the
donations on Monday and then we bring the entire donations to the Sussex County food pantry. He said this is the first
time they are doing it County wide. They picked up a few businesses along the way that will be collecting donations for
us.

8. PUBLIC HEARINGS

A. FINAL ADOPTION – ORDINANCE 2019- 01

BOND ORDINANCE AMENDING BOND ORDINANCE NUMBER 16-03


(PROVIDING FOR THE UNDERTAKING OF 2016 CAPITAL
IMPROVEMENTS AT AND FOR CERTAIN FACILITIES OF SUSSEX
COUNTY COMMUNITY COLLEGE) HERETOFORE FINALLY ADOPTED
BY THE COUNTY OF SUSSEX, STATE OF NEW JERSEY ON MAY 11,
2016, TO AMEND THE DESCRIPTION THEREIN

MOTION that the Public Hearing be opened made by Freeholder Petillo; seconded by Freeholder
Hertzberg. (Voice vote)- All in favor

Is anyone present to be heard regarding this Ordinance?

Mr. Gettler, Wantage Township, said he wishes this Board would finally start facing reality; they are taxing people out of
the County. He has one neighbor packing to go to Kentucky and another leaving by July to move to South Carolina.
Why? Because they cannot afford the taxes. He can’t afford his taxes. These Ordinances show that funds were not
spent on what they were appropriated for. This should not be permitted and return the money back to the tax payers.
Stop wasting money on monuments for individuals, we cannot afford. Consider these comments for all the bonds
being introduced this evening.

Mr. Kenny, Green Township, commented that the Ordinance amendments are for Ordinances from prior years, but the
information on the Agenda is very ambiguous and does not indicate what this money is for. The Ordinance references
Capital Improvements but what are the capital improvements?

Freeholder Director said if you go to the website the full document is there.

MOTION that the Public Hearing be closed made by Freeholder Petillo; seconded by Freeholder Hertzberg (Voice
vote) - All in favor

Freeholder Fantasia spoke on the change of appropriations, for she is a Member of the School Board of Estimates for
the Community College. Prior to joining the Board of Chosen Freeholders, she was not thrilled to see some of the
expenses that were scheduled such as the turf fields. There are needs and there are wants; something like a turf field
is nice but it is a want and not a need. To have the ability to change that use to repairing heating and ventilation
systems for the buildings fits a need. That is how she reconciled for herself on the School Board of Estimates to see
what those purchases were and how funds were being requested to be changed from what her perceptive was as
legitimate needs for the facility.

MOTION that this Ordinance be finally adopted by Freeholder Petillo; seconded by Freeholder Fantasia

On Roll call the vote was:

Freeholder Fantasia Yes


Freeholder Hertzberg Yes
Freeholder Petillo Yes
Freeholder Director Yardley Yes

MOTION to authorize the Clerk to advertise this Ordinance as finally adopted, and also post same on the bulletin
board in the lobby of the County Administrative Center made by Freeholder Hertzberg; seconded by Freeholder
Petillo
(Voice vote)- All in favor

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B. FINAL ADOPTION – ORDINANCE 2019- 02

BOND ORDINANCE AMENDING BOND ORDINANCE NUMBER 15-02


(PROVIDING FOR THE UNDERTAKING OF 2014-2015 CAPITAL
IMPROVEMENTS AT AND FOR CERTAIN FACILITIES OF SUSSEX
COUNTY COMMUNITY COLLEGE) HERETOFORE FINALLY ADOPTED
BY THE COUNTY OF SUSSEX, STATE OF NEW JERSEY ON MAY 27,
2015, TO AMEND THE DESCRIPTION THEREIN

MOTION that the Public Hearing be opened made by Freeholder Fantasia; seconded by Freeholder
Petillo (Voice vote) - All in favor

Is anyone present to be heard regarding this Ordinance? No Public

MOTION that the Public Hearing be closed made by Freeholder Fantasia; seconded by Freeholder Petillo
(Voice vote) - All in favor

MOTION that this Ordinance be finally adopted made by Freeholder Hertzberg; seconded by Freeholder Petillo

On Roll call vote the vote was:

Freeholder Fantasia Yes


Freeholder Hertzberg Yes
Freeholder Petillo Yes
Freeholder Director Yardley Yes

MOTION to authorize the Clerk to advertise this Ordinance as finally adopted, and also post same on the bulletin
board in the lobby of the County Administrative Center made by Freeholder Petillo; seconded by Freeholder
Hertzberg (Voice vote) - All in favor

C. FINAL ADOPTION – ORDINANCE 2019- 03

BOND ORDINANCE AMENDING BOND ORDINANCE NUMBER 12-04


(PROVIDING FOR THE UNDERTAKING OF 2011-2012 CAPITAL
IMPROVEMENTS AT AND FOR CERTAIN FACILITIES OF SUSSEX
COUNTY COMMUNITY COLLEGE) HERETOFORE FINALLY ADOPTED
BY THE COUNTY OF SUSSEX, STATE OF NEW JERSEY ON MAY 23,
2012, TO AMEND THE DESCRIPTION THEREIN

MOTION that the Public Hearing be opened made by Freeholder Petillo; seconded by Freeholder Fantasia (Voice
vote) - All in favor

Is anyone present to be heard regarding this Ordinance? No public

MOTION that the Public Hearing be closed made by Freeholder Hertzberg; seconded by Freeholder Fantasia
(Voice vote) - All in favor

MOTION that this Ordinance be finally adopted made by Freeholder Petillo; seconded by Freeholder Hertzberg

On Roll call the vote was:

Freeholder Fantasia Yes


Freeholder Hertzberg Yes
Freeholder Petillo Yes
Freeholder Director Yardley Yes

MOTION to authorize the Clerk to advertise this Ordinance as finally adopted, and also post same on the bulletin
board in the lobby of the County Administrative Center made by Freeholder Petillo; seconded by Freeholder
Hertzberg (Voice vote) - All in Favor

9. PUBLIC SESSION FROM THE FLOOR

Comments are limited to 5 minutes or less and must only address issues regarding
agenda items. Please state your name, and print your name and municipality on the sign
in sheet.

MOTION to open the floor for public comment made by Freeholder Hertzberg; seconded by Freeholder Petillo
(Voice vote) - All in favor

Mr. Gettler, Wantage, spoke regarding the Sanctuary State Resolution. Illegal immigrants belong in their own
Country. They don’t belong here and they have no right to be here. When his wife emigrated from the Philippines
she went to the Embassy and followed all the rules. Mr. Gettler had to sign an Affidavit in support that she would
not go on welfare when she came to the United States. She applied and received her VISA and later became a
US Citizen. The people who just invade our Country should be thrown out; there is no excuse for them to be here.
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There is a very legal way that these illegal immigrants can get their American citizenship. They voluntarily go back
to their County origin and file for a VISA. Then they can come here and get their citizenship. There is no excuse
for protecting them, no excuse for giving them driver’s licenses.

Next he commented regarding the $3,000,000 bond. Our County taxes are being raised $1.78 million. We cannot
afford it. Throw out this bond and lower our taxes. Thank you.

Mr. Snyder, Sandyston, questioned what is the life of the Bonds being amended? Mr. Poff responded the useful
life is calculated based upon the variety of improvements that are slated for them.

Mr. Snyder questioned how many of these types of bonds does the College have? Can the County perform an
Audit to determine if bonded monies were spent for in accordance with intention? What other agencies in the
County are holding onto their bonds for years and then don’t use the money.

Mr. Poff responded typically the money is not borrowed until there is a time that the money will be expedited. It would
be authorized but not funded and the County’s Treasury office goes through a process of sizing what our temporary
financing is and notes on an annual basis. The purpose of that is they may be an authorization, but the full amount
may not be needed at a particular time. Particularly for construction projects where there could be an authorization for
several millions of dollars but only a few hundred thousand dollars is needed for design. So the full $3,000,000 is not
borrowed at that time. It is the issue of addressing carrying costs and interest that the County should not bear and as a
result the treasury keeps track of those things.

Mr. Kenny, Green Township, also does not agree with a Sanctuary State. Mr. Kenny referenced Resolution A.
under Approval of Consent Agenda, and asked what does a Medical Examiner do?

He said he went to an event where Sheriff Strade spoke indicating his office has control on spending at the jail.
This is a lot of money to be spending for a Medical Examiner.

Mr. Hertzberg responded that some costs are out of their control. If a local police department delivers a prisoner
to the County Jal and it is discovered the Prisoner is ill, the County pays for medical attention.

Freeholder Fantasia clarified that the amount won’t exceed $76,500.00. It is an estimation of what has been paid
out over the past 3 years. Obviously the intention is not to exceed this amount for it would not be authorized.

In closing Mr. Kenny commented on the opioid litigation and the County joining the lawsuits. These mega law firms
going after this industry are not doing it Pro Bono. The County will have incidental fees. Weren’t there $500,000
incidental fees for the solar program? Incidental fees means nothing to me,

If we are to invest as a County in the incidental fees than we should have some sort of guarantee on a percentage of
recovered funds that will be returned to the County.

Freeholder Yardley questioned County Counsel if the Opioid Legal contract would be public information? Mr Kelly
affirmed it is a public document and Freeholder Yardley indicated Mr. Kenny could request a copy.

Peg Destasi, Vernon Township, thanked Freeholder Yardley and Freeholder Petillo for helping to support her group
from Vernon. She represents the Citizens against Illegal Dumping that has been going on throughout Sussex County.
Freeholder Petillo has been extremely helpful in getting the notoriety that they needed to get Vernon in the limelight.
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Based on Freeholder Petillo advice, they will be holding a meeting in Vernon on May 16 at Mt. Creek in Vernon and
are inviting the Freeholders to come as well as all the Mayors and Council members from all the municipalities
throughout the County. The purpose of the meeting is to show how they came together as a group in January of this
year and in three months brought Vernon into the public eye and got some movement on the Bill that is in front of the
Senate right now to get the illegal dumping stopped and finally criminalized. We are offering this meeting because
Towns have been contacting us and asking how did we do what you we did.

Currently this matter is in the Courts and we are waiting for two court dates in May. The DEP is suing the gentlemen in
one Court and Vernon Twp. is suing him in another Court. Once the determinations are met, the next step will be to
process the Bill that is in front of the Senate and get it approved for the entire State. As the Advocacy group, their goal
is to bring back New Jersey as the Garden State in lieu of the dumping State of toxicity.

She said they have spent 10 years trying to get this State to listen to them. It wasn’t until the Sussex County Soil
Conservation 5 years ago listen to them. They came out to the site and agreed we have a case. Now it is in the
Federal court.

Freeholder Petillo said this meeting is about letting everyone knows that we need to watch this carefully and work as a
team to stop them from dumping in the County. She commended Pat and her husband for all their work and personal
money that they have put into this. She urged the Mayors and Council members to attend this meeting so they can all
work as a team.

MOTION to close the floor for public comment and return to regular business made by Freeholder Petillo;
seconded by Freeholder Fantasia
(Voice vote)- All in favor

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10. FREEHOLDERS’ COMMENTS

Comments from Freeholder Fantasia

First addressed the Sanctuary State resolution. In New Jersey, there is an unprecedented number of women and
children being introduced into sex trafficking and forced labor, organ trafficking, sex tourism and child labor. These
individuals flee to this Country seeking a better life but it is unsafe and they are victimized because of the way they are
choosing to enter the United Sates. The worst part is those coming into this Country to wreak havoc and break the
law. The fact that we have a Governor and Attorney General who issues us an expectation to ignore Federal Law and
supersede with a reckless State directive that defies logic. It is her belief that they need to fully cooperate with ICE so
any of the undocumented individuals with criminal offenses are deported.

This week is National Library Week, encouraged all to visit the Library and see what it has to offer. If you go on
Facebook and tell them what you love about the Sussex County library system, you can win a free book.
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On Sunday May 5 2PM to 4:30PM the Sussex County Arts and Heritage will be decorating the Pysanki Ukraine
Easter eggs. Registration is on-line.

Doreen Edwards from the Tick Squad was recognized in the audience and thanks to Carol Novrit for bringing to her
attention an Assembly Bill regarding State funding for Tick education and prevention. In Pike County, PA the County
has a task force on Tick Borne disease. They have opened a Tick Borne disease Wellness Center within the Pike
Family Health Center. They are working together as a community to limit the impact of Tick Borne diseases. Pike
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County is hosting an event on Saturday, April 27 dealing with Tick Borne illnesses.

On the New Jersey front, she spoke with Assemblymen Hal Wirths regarding Assembly Bill 5160 that was introduced
by District 11 Assemblymen Houghling and District 12 Assemblyman Dancer which he intends to endorse. It is a
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bipartisan bill that was introduced for consideration on March 11 . It directs the Department of Agriculture to establish
a grant program for Counties to study and develop methods of tick control and it appropriates $1million dollars from
the general fund so that it doesn’t increase what has already been allotted this year. This is a pilot program to study
and develop methods of tick control. One method that has been successful in Pennsylvania is tick drag. One of the
important things with this is they can identify the tick and identify which diseases that are linked with areas that you
may frequent. It is no longer limited to Lyme’s Disease. The Act is set to take effect immediately and expire after a 2
year period. She feels we could be at the top of the list to be a beneficiary of such money. She said we already have
money allotted for mosquitos and she feel ticks are the new mosquitos. She is going to continue talking with
Assemblyman Wirths while Freeholder Hertzberg will be meeting with the Tick Squad.
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Sheriff Strada has reported of the transfer of the female inmates to Morris County Jail on April 1 . The transfer went
smoothly with no incident. Morris County Sheriff Gannon and staff were accommodating during that transition.
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Coffee with a Cop will be held in Franklin Borough on Thursday, April 18 from 12PM to 2PM at Café Dolche in the
Shoprite Plaza.

April is Community College Month and next Thursday SCCC will celebrate Community College Day. At 3PM the event
will host speakers and provide light refreshments. In addition anyone can sign up for an hour long tour of the facilities
at either at 4PM or 5PM.

Comments from Freeholder Petillo

She congratulated SCCC President Dr. Jon Connelly on the beautiful article that was published in the New Jersey
Herald about the partnership with the high schools. The article highlighted a young woman who was able to take
college courses as well as high school courses at the same time. In May, she will be getting her Associates Degree in
Liberal Arts from SCCC and in June she will be receiving her high school diploma. She will attend Stockton State
University as a junior in the fall.
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On April 1 , she had the opportunity to attend the Hopatcong Wellness Center Ribbon Cutting Ceremony. There were
many 501C private groups there and it seems that it is going to be a great success.

On Saturday, she attended the Birth Haven luncheon at Perona Farms. Every year this luncheon brings in one of their
clients to share their story. This year a Mother and six year old daughter spoke. The little girl was born with a heart
defect and wears a pace maker. The mother told her story and it was delightful to hear the story from the daughter on
how proud she is of her mother. She said Birth Haven is amazing place and the women who works there are amazing.

Yesterday attended the annual seminar for the agency Partnership for Drug-Free New Jersey. The program was
entitled Drugs Don’t Work In New Jersey. It focused on businesses and anyone who has employees. The main
speaker was from Washington, DC and spoke on legal issues of a drug free work place. There are going to be so
many problems if marijuana is legalized in New Jersey. It seems New Jersey is writing legislation that really allows no
discrimination against anymore who is taking that drug. Even if they have criminal records and selling of the drugs. It
is very interesting where New Jersey is placing itself. This group offers a kit on all the information as an employer and
anyone who has employees about what is going to happen on policy about drugs. There website is
ddw.drugfreenewjersey.org/workplacekit and the password is ddw123.

Nick Loizzi who earlier accepted the Alcohol and Drug Award also coordinates for all our drug and alcohol alliances
across the County. At a recent Conference he heard about a forensic overdose review team started in Ocean and
Monmouth Counties. Nick has gathered all the information of what the group will be doing in relationship to Opioid
deaths and we here in Sussex County are discussing putting together a same review team.

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Freeholder Petillo continued to provide an oversight on how the Forensic Team gathers data which can assist with
understanding the victim’s history of service and enable the County to glean from this information on how to better
improve programs and services.

New Jersey Attorney General offers a Grant for new initiatives for the response to Opioid crisis. Our Human Services
Department does a lot work for drug prevention and awareness. Francis Koch, Sussex County Prosecutor applied for
the grant money, for Operating Helping Hand Initiative grant. The grant is being operated with the Prosecutors office
and the CLEAR program. It is supported by the Sussex County Police Chief’s Association and the Center for
Prevention. The Sussex County Operation Helping Hand was launched on March 13, 2019. Through the CLEAR
program, people are reaching out and getting connected to recovery coaches.

Comments from Freeholder Hertzberg

Thanked all the Police Officers helping with Cram the Cruiser food drive. We have a very unique community that
always pulls together to do things like this which includes those that are willing to donate money and police
departments willing to donate their time. If it were not for their generosity we would see more coming out of tax payer’s
pockets.

He and Freeholder Fantasia attended the Annual Outdoorsmen Association Game dinner where former Governor
Christie was honored. The event celebrates outdoorsmen and the activities we love in Sussex County. This is great
group that works to protect our rights.

The Developer for North Village, the new development being constructed on Rt. 15, has approached him and
requesting a meeting with Vo-Tech Professionals to coordinate a collaboration with students to work on art and design
for the project site.

Commended Frankford Township for being proactive to address illegal dumping. An Ordinance with enforcement
measures was introduced at their Township Committee meeting.

In closing the Resolution on the Agenda tonight asking for the authorization for the placement of a public question with
regards to the “Sanctuary State” policy lets the public and residents voice their opinions. This topic is near and dear to
his heart, for he started his career as a Border Patrol Agent. Some immigrants were great people and only wanted a
better life, but he didn’t get to make that decision. He had to do what the law told him to do. If you broke the law, he
had to do his job and that is what we are asking our politicians to do. Follow the law and stop making arbitrary
decisions. The law says if you are illegally here in our Country and you go to jail you are required to be deported. That
is the law and that is what they are trying to convince us to not let happen. You will see the Resolution later in the
meeting but you will have your time to voice your opinion when it is on the Ballot.

Freeholder Petillo continued with her comments. She remembered a time when her son was young and looking
though a box of things and came across her mother’s passport. Her son commented that the peson looked like an
immigrant. I explained my Mother was an immigrant and told the story her mother’s father came to American 6 years
prior with $13 in his pockets. My Grandfather was a mason and worked in New York and to construct the Lincoln
Tunnel. When he had money, he sent for his wife and seven children.
My Grandfather followed the laws and everything worked out for them. When you don’t follow the laws that is when
things don’t work out. By not respecting the laws of the United States you don’t respect the United States of America.
People are trying to bully their way into this County with no respect for our laws and with no respect for anything else.
These are the reasons we should not be a sanctuary state.

A member of the public asked how they can help. Freeholder Petillo and Freeholder Yardley both said when the
question is on the ballot that will be your time to voice your opinion. Also suggested write letters to the Governor
Murphy.

Comments from Freeholder Yardley

Commented that started off the spring season with a tick bit and ended up at the doctors. He picked it up in an area
with high grass.
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Next proceeded to provide highlights from the 1 Quarter 2019 Board of Chosen Freeholders’ Activity Report. The
first quarter had 9 meetings which included two Special meetings, a joint meeting with Vernon and SCMUA regarding
Mountain Creek and a Budget Workshop meeting. The Board adopted 160 Resolutions. Three ordinances were
introduced with scheduled adoption in April. Nineteen Proclamations were presented. 32 agreements and contracts
were authorized.
Some of the Resolutions included Opposing Local Mandates, Human Trafficking Enforcement Legislation, and Lobbied
for Continuation of Library Material Share Service; we established a 2019 Pilot Program for Municipal Liaisons and
appointed Harold Burrell to the SCCC Board of Trustees. The Board listened to 11 presentations; the 2019 Budget will
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be introduced on April 24 and we established a committee to review and amend the County’s Administrative Code.

While attending a Planning Board meeting the discussion focused on County taxes. It is important to understand that
72% of the County is owned or managed by the State of New Jersey or the Federal Government. Year ago NJDEP
imposed the C1 Stream Program. The new proposed will affect approximately 10,230 acres of new (riparian) buffer
generally making the land encumbered by the buffer restricted from development. This is based on no science.
County Engineering will prepare a report for the Freeholders so we can get a better understanding of these new
regulations. Eventually I am hoping we will vote on a Resolution and forward to the State. These types of regulations
will devastate development and businesses in the County. It is basically taking of land without anyone paying for it.

In closing had a conversation with the Chairman of the Board of Trustees at SCCC regarding concerns pertaining to
OPRA requests. Was informed the Board would look into the matter.
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.

11. APPROVAL OF CONSENT AGENDA

A. RESOLUTION RE: 177-2019


AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH DR. MICHAEL GANON,
M.D. AS A MEDICAL DIRECTOR FOR THE INMATES WITHIN THE KEOGH-DWYER
CORRECTIONAL FACILITY PURSUANT TO N.J.S.A. 40A:11-5(1)(a)(i) IN AN AMOUNT NOT TO
EXCEED $76,500.00 FROM APRIL 1, 2019 UNTIL DECEMBER 31, 2019

B. RESOLUTION RE: 178-2019


AUTHORIZING THE COUNTY OF SUSSEX TO RENEW A SHARED SERVICES AGREEMENT
THROUGH DECEMBER 31, 2022 WITH THE TOWN OF NEWTON FOR MAINTENANCE OF
MUNICIPAL OWNED TRAFFIC SIGNALS AND FLASHING WARNING DEVICES

The Board of Chosen Freeholders of the County of Sussex has reviewed the Consent Agenda
consisting of various proposed Resolutions and determined that adoption of the said Resolutions
is in and will further the public interest. If any Freeholder would like to remove an item to be
considered separately, please do so now.

MOTION to approve the Consent Agenda made by Freeholder Petillo; seconded by Freeholder Fantasia
On Roll Call the vote

Freeholder Fantasia Yes


Freeholder Hertzberg Yes
Freeholder Petillo Yes
Freeholder Director Yardley Yes

12. APPROVAL OF MINUTES

Regular Meeting- March 27, 2019

MOTION to approve the minutes made by Freeholder Petillo; seconded by Freeholder Hertzberg
(Voice Vote)- All in favor

Executive Session – March 27, 2019

MOTION to approve the minutes made by Freeholder Petillo; seconded by Freeholder Fantasia
(Voice Vote)- All in favor

13. APPOINTMENTS AND/OR RESIGNATIONS

A. RESOLUTION RE: 179-2019


APPOINTMENT OF DR. WILLIAM TRURAN, SUSSEX COUNTY HISTORIAN FOR
TERM EXPIRING DECEMBER 31, 2021

B. RESOLUTION RE: 180-2019


AMENDING RESOLUTION DATED MARCH 18, 2017 TITLED “APPOINTMENT
OF VALERIE STECCATO AS PURCHASING AGENT IN AND FOR THE COUNTY
OF SUSSEX FOR A TERM OF THREE (3) YEARS, PURSUANT TO N.J.S.A.
40A:9-30”

MOTION made by Freeholder Petillo to adopt resolutions A & B; seconded by Freeholder Hertzberg
(Voice Vote)- All in favor

Clerk to the Board, Teri Lyons administered the Oath of Office for Dr. William Truran,
Sussex County Historian

14. RESOLUTIONS

A. RESOLUTION RE: 181-2019


PRELIMINARY APPROVAL OF A SITE SPECIFIC PLAN AMENDMENT TO THE
SUSSEX COUNTY WASTEWATER MANAGEMENT PLAN FOR OLD SPARTA ROAD
ACQUISITION, LLC, BLOCK 11802, LOT 1 IN THE BOROUGH OF STANHOPE,
COUNTY OF SUSSEX AND STATE OF NEW JERSEY

B. RESOLUTION RE: 182-2019


PROVIDING TEMPORARY CLOSURE OF CR 630 IN BRANCHVILLE BOROUGH FOR THE
AMERICAN LEGION POST #157 ANNUAL MEMORIAL DAY PARADE

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C. RESOLUTION RE: 183-2019
IN SUPPORT OF NEW JERSEY LEGISLATION WHICH “CONCERNS
REGULATION OF SOLID WASTE, HAZARDOUS WASTE, AND SOIL AND FILL
RECYCLING INDUSTRIES.” (S1683 / A4267), URGING LEGISLATORS TO PASS
THIS BILL WHICH AS AMENDED SUBJECTS PERSONS OR BUSINESS
CONCERNS ENGAGED IN SOIL AND FILL RECYCLING SERVICES TO THE
SAME REGULATION AND OVERSIGHT UNDER THE LAW AS THAT WHICH
APPLIES TO THE SOLID WASTE INDUSTRY

D. RESOLUTION RE: 184-2019


2019 PILOT PROGRAM FREEHOLDER MUNICIPAL LIAISON ASSIGNMENTS

E. RESOLUTION RE: 185-2019


AUTHORIZING THE PLACEMENT OF A PUBLIC QUESTION ON THE OFFICIAL
BALLOT FOR THE GENERAL ELECTION ON NOVEMBER 5, 2019
CONCERNING A QUALIFIED VOTERS OPPORTUNITY TO INSTRUCT THEIR
GOVERNMENT WITH REGARDS TO THE “SANCTUARY STATE” POLICY OF
THE GOVERNOR OF THE STATE OF NEW JERSEY

MOTION to vote adopt Resolutions A-E made by Freeholder Fantasia; seconded by Freeholder Hertzberg

Freeholder Yardley pulled D and E to vote on separately.

MOTION to vote on A-C made by Freeholder Hertzberg; seconded by Freeholder Petillo


All in favor

MOTION to adopt Resolution D made by Freeholder Fantasia; seconded by Freeholder Hertzberg

Discussion

Freeholder Fantasia said she is happy to see this on the Agenda. When she served on the Franklin Borough Council
she was interested in having more interaction from the County. She was looking for a face, someone that we could call
regarding a variety of issues at any given time. She and Freeholder Hertzberg discussed this during their campaign
and she is glad to see its fruition. She is looking forward to having specific towns to visit and forming relationships with
their Mayors, Council or committee members. She thinks it will go a long way to bridge that gap between the
Municipality and the County. She went down the list for each town that each Freeholder will be responsibility for.

MOTION to adopt Resolution E made by Freeholder Fantasia; seconded by Freeholder Hertzberg

Discussion

Freeholder Yardley said he thinks the public needs to let their feelings be known on this issue and you will have that
opportunity come this November. This Resolution will be forwarded to the other Municipalities.

Freeholder Fantasia read Resolution E.

MOTION to adopt Resolutions D and E made by Freeholder Hertzberg; seconded by Freeholder Petillo

On Roll Call the vote was:

Freeholder Fantasia Yes


Freeholder Hertzberg Yes
Freeholder Petillo Yes
Freeholder Director Yardley Yes

15. AWARDS OF CONTRACT/CHANGE ORDERS/BID

A. RESOLUTION RE: 186-2019


AWARD OF CHANGE ORDER NO. 3, FINAL, VALUED AT $344,446.40, TO A
CONTRACT BETWEEN THE COUNTY OF SUSSEX AND LAKESIDE
CONSTRUCTION FOR THE REPLACEMENT OF SUSSEX COUNTY BRIDGE C-17 IN
BYRAM TOWNSHIP, NEW JERSEY, RESULTING IN A REVISED CONTRACT VALUE
OF $2,540,811.86, OR A NET 12.55% INCREASE IN THE ORIGINAL CONTRACT,
SUBJECT TO APPROVAL AND PAYMENT OF TRANSPORTATION TRUST FUND
SHUTDOWN RELATED COSTS BY THE NEW JERSEY DEPARTMENT OF
TRANSPORTATION AND AUTHORIZATION FOR THE COUNTY ENGINEER TO
SUBMIT A CERTIFICATION OF REASONABLE COSTS RELATED TO THE
SHUTDOWN OF TRANSPORTATION TRUST FUND PROJECTS UNDER EXECUTIVE
ORDER 210 AND RELEASE

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B. RESOLUTION RE: 187-2019
AWARD OF CONTRACT TO MAGIC TOUCH CONSTRUCTION COMPANY INC
FOR MISCELLANEOUS BUILDING TRADE SERVICES (PLUMBING) TO BE
PERFORMED IN AND AROUND VARIOUS SUSSEX COUNTY BUILDINGS
FOR THE COUNTY OF SUSSEX FOR THE PERIOD OF APRIL 10, 2019
THROUGH APRIL 9, 2020 WITH THE MAXIMUM CONTRACT AMOUNT OF
$100,000.00

C. RESOLUTION RE: 188-2019


AWARD OF CONTRACT TO USA GENERAL CONTRACTORS CORP FOR
MISCELLANEOUS BUILDING TRADE SERVICES (ROOFING AND WATERPROOFING)
TO BE PERFORMED IN AND AROUND VARIOUS SUSSEX COUNTY BUILDINGS FOR
THE COUNTY OF SUSSEX FOR THE PERIOD OF APRIL 10, 2019 THROUGH APRIL 9, 2020
WITH THE MAXIMUM CONTRACT AMOUNT OF $200,000.00

The Board of Chosen Freeholders of the County of Sussex has reviewed the Award
of Contract/Change Orders/Bids consisting of various proposed Resolutions and
determined that adoption of the said Resolutions is in and will further the public
interest. If any Freeholder would like to remove an item to be considered separately,
please do so now.

MOTION to adopt the Contracts A-C made by Freeholder Petillo; seconded by Freeholder Fantasia

On Roll Call the vote was

Freeholder Fantasia Yes


Freeholder Hertzberg Yes
Freeholder Petillo Yes
Freeholder Director Yardley Yes

16. FINANCIAL

A. RESOLUTION RE: 189-2019


PAYMENT OF BILLS LIST A Freeholder Petillo abstaining
April 10, 2019

MOTION to approve Bill List A made by Freeholder Fantasia; seconded by Freeholder Hertzberg

On Roll Call the vote was:

Freeholder Fantasia Yes


Freeholder Hertzberg Yes
Freeholder Petillo Abstain
Freeholder Director Yardley Yes

B. RESOLUTION RE: 190-2019


PAYMENT OF BILLS LIST B
April 10, 2019

MOTION to approve Bill List B made by Freeholder Fantasia; seconded by Freeholder Hertzberg

On Roll Call the vote was:

Freeholder Fantasia Yes


Freeholder Hertzberg Yes
Freeholder Petillo Yes
Freeholder Director Yardley Yes

C. INTRODUCTION ON FIRST READING – BOND ORDINANCE 2019-04

BOND ORDINANCE PROVIDING FOR THE UNDERTAKING OF 2019 CAPITAL


IMPROVEMENTS AT AND FOR CERTAIN FACILITIES OF SUSSEX COUNTY
COMMUNITY COLLEGE, LOCATED WITHIN THE COUNTY OF SUSSEX, STATE
OF NEW JERSEY; APPROPRIATING $3,000,000 THEREFOR AND AUTHORIZING
THE ISSUANCE OF $3,000,000 BONDS OR NOTES OF THE COUNTY OF SUSSEX,
STATE OF NEW JERSEY, FOR FINANCING SUCH APPROPRIATION, THE
PRINCIPAL OF AND INTEREST ON THE AGGREGATE PRINCIPAL AMOUNT OF
WHICH WILL BE ENTITLED TO STATE AID, PURSUANT TO CHAPTER 12 OF THE
LAWS OF NEW JERSEY OF 1971
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MOTION to introduce this Ordinance on first reading made by Freeholder Petillo; seconded by Freeholder
Fantasia

On Roll Call the vote was:

Freeholder Fantasia Yes


Freeholder Hertzberg Yes
Freeholder Petillo Yes
Freeholder Director Yardley Yes

MOTION to authorize the Clerk to advertise this Ordinance as introduced for first reading and also post same on
the bulletin board in the lobby of the County Administrative Center, together with a Notice of Public Hearing stating
that a hearing will be held on April 24, 2019 at 7:00 pm prior to final adoption of this Ordinance made by
Freeholder Petillo; seconded by Freeholder Fantasia
(Voice vote)- All in favor

17. PERSONNEL

No items for the Personnel Agenda

18. ADMINISTRATIVE REPORT

Mr. Poff said a Memo has been sent out to County Administrators and Constitutional Officers requesting input
to the Administrative Code. Once these comments have been received they will be put into a single document
for the use of the Board’s appointed subcommittee.

Recently had the opportunity to tour the renovated County Clerk offices. Facilites employees Ron Birchenoff
and Lanny Kayes who took the lead on this project did an exceptional job and encourage to pay a visit.

The Sussex County Search Committee has concluded it interviews of applicants and has recommended the
reappointment of Maryann Fox and the appointment of Elizabeth J. Brown to the Board of Trustees. The
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Board of Chosen Freeholders will be asked to consider these appointments as the April 24 meeting.

Freeholder Yardley asked County Counsel to provide before the next Freeholder meeting, the protocol to
interview or speak with applicants.

Freeholder Fantasia feels it is very redundant to interview the people that the search committee has
appointed since this Board appointed that search committee. Rather Freeholder Fantasia would like to
see why the committee appointed these people, based on what recommendations.

Freeholder Yardley wants to know the process of picking these people.

19. COUNTY COUNSEL REPORT

Freeholder Petillo made the recommendation of County Counsel to put a Resolution together for their
meeting for them to consider and discuss authorizing a retainer agreement with the law firm to represent
the County in the opioid litigation which holds the defendants responsibility for their actions.

Freeholder Hertzberg clarified and said the ability to do further investigation to find out the costs to award,
the benefits of doing this and finding out if it is going to worth their time.

20. UNFINISHED BUSINESS

21. NEW BUSINESS

22. PUBLIC SESSION FROM THE FLOOR

Everyone is asked to keep their comments to 5 minutes. Please state your name and print name
and municipality on sign in sheet.

MOTION to open the floor for public comment made by Freeholder Petillo; seconded by Freeholder Fantasia
(Voice vote)-All in favor

Mr. Kenny spoke about the immigration issue and applauded the Board for putting the Sanctuary State resolution
forward.

Mr. Gettler said as soon as they made it hot in Vernon with the dumping, the trucks started going into New York State
and dumping there. He said he made a number of phone calls in New Jersey and New York State and suddenly after a
couple of days the trucks stops. He said no one got back to him so he does not know who to give credit to.

Regarding tick exposure his personal record is 24 ticks at one time on him. Due to modern medicine he is able to
stand here tonight with a new hip.

Regarding the proposed new regulations for C1 stream, he and his wife drove 100 miles to attend the public meeting.
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They were the only property owners to attend who would be affected by these additional regulations. Other than State
employees, everyone was either from a fishing group or conservation group and two attorneys. The attorneys are
contesting it and asking for an extension.

In closing Mr. Getterl commented about the cost savings in the Sheriff’s department. Last year Sheriff’s budget was
$15,407,000; this year his budget is $17,471,000. That is an increase of over $2million dollars not a cut and a 13.4%
increase. This $2million would eliminate the tax increase.

Willian Haden, Frankford thanked the Board for the Sanctuary State Resolution.

Keith Kimble, Hopatcong thanked the Board for the Sanctuary State Resolution.

MOTION to close the floor for public comment and return to regular business made by Freeholder Petillo;
seconded by Freeholder Hertzberg
(Voice vote)-All in favor

23. REMINDERS

Date/Time Meeting Location


April 15 7:30PM Development Review FMR
April 15 7:30PM Agriculture Development BD FMR
April 18 3:30PM LACADA FMR
April 24 7:00PM Regular Freeholder meeting FMR

24. ADJOURNMENT

MOTION to adjourn the meeting at 9:17 PM made by Freeholder Petillo; seconded by Freeholder
Hertzberg
(Voice vote)- All in favor

DATED: April 10, 2019

Respectively Submitted:

Teri Lyons
Clerk

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