VFW continues fight to get sewer waiver on ballot

VERNON — A petition seeking to grant the Wallkill Valley Veterans of Foreign Wars Post 6441 a waiver from thousands of dollars in sewer fees, will not go on this November's ballot.

The Vernon Township Council voted on Sept. 14 against approving the ordinance and it is now too late to get it on the ballot, according to the Sussex County Clerk's Office.

Vernon Township Attorney John Ursin said the ordinance can not go on the ballot because the town council doesn't have authority over the MUA.

Sally Rinker, who has been aiding the veterans in seeking a waiver from the fees which total more than $20,000 and are set by the Vernon Municipal Utilities Authority (MUA), believes that advice is incorrect. The VFW post is also facing more than $25,000 in hook-up fees from the county.

Rinker believes the town council has the authority to waive the town's share of the fees.

Rinker cited a section of the MUA's bylaws which states the MUA has "the authority to relax or waive in whole, or in part, any provision of this chapter to address any emergency situation regarding the municipal sewer system or when the governing body deems it to be in the best interest of the VTMUA to so relax or waive any such provision of this chapter."

Rinker says the reference to the governing body means the town council has the power to waive the fees.

Rinker said the question belongs on this November's ballot, but it is now too late.

A letter was sent to Vernon Township Clerk Lauren Kirkman requesting that the petition be forwarded to the Sussex County Clerk in order to get it on this November's ballot, Rinker said.

Rinker said the petition should be sent to the county as part of the Faulkner Act provisions for petitions, which she has previously pushed for in other matters including the blocking of a pay raise ordinance.

According to Sussex County Deputy Clerk Angela Rosa, the ordinance question was not forwarded to the county clerk's office by the town.

Rinker said she has notified the county about the ordinance question and is awaiting a response from the township clerk.

Rinker said she thinks it will all end up in court. She and members of the VFW could ask a judge to intervene and put the question on the ballot, Rinker said.

Ursin said there was no way the ordinance could be put on the ballot.

"The statute allows petitioners to request a board to pass an ordinance but only on subjects that council can pass an ordinance on," he said.

Ursin accused the petitoners of "creating confusion without a purpose."

Vernon Mayor Victor Marotta said he believed the town council was acting on the advice of Ursin.

Marotta said his stance on the issue, since he doesn't sit on the township council, "doesn't matter if I do or if I don't. I don't have a vote on it."

Marotta has previously said that the VFW should pay the sewer hook-up fees just like all other property owners in the commercial district.

Robert Constantine, a past president of the VFW Post 6441, who collected signatures from residents who supported the waiver, said he believes the township council has a right to waive the fees.

He thinks the issue may land in court, and is hopeful the question can get on a future ballot.

"I think we can win," Constantine said.

"The whole thing is a mess," Ursin said.

Sussex County Municipal Utilities Authority Executive Director John Hatzelis said he believes it is within the Vernon MUA's authority to approve the waiver or not. He said the Sussex County MUA hasn't received a separate waiver request, which he said would needed for the county to consider a waiver.

A message left with John Scerbo, Executive Director of the Vernon Municipal Utilities Authority, wasn't immediately returned. A message left with Vernon Municipal Utilities Authority Chairman Vincent Zinno was not returned.