All meeting minutes posted on the township website are unofficial minutes. Official copies of minutes may be obtained from the township clerk.

Minutes: August 27, 2012

The Regular Meeting of the Township Council of the Township of Vernon was convened at 7:30 p.m. on August 27, 2012, in the Vernon Township Municipal Building, 21 Church Street, Vernon, New Jersey.

Statement of Compliance

Adequate notice of this meeting had been provided to the public and the press on January 9, 2012, and was posted on the bulletin board in the Municipal Building in accordance with the Open Public Meetings Act, N.J.S.A. 10:4-6.

Roll Call of Members

Present were Council Members Eddie Dunn, Daniel Kadish, Patrick Rizzuto, Dick Wetzel, and Council President Brian Lynch. Also present were Mayor Vic Marotta, Business Administrator Jerry Giaimis, and Township Attorney Kevin Kelly.

Salute to the Flag

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

Public Comments

Council President Lynch asked for a motion to open the meeting to public comments at this time.
Moved: Daniel Kadish
Second: Patrick Rizzuto
All were in favor.

Doreen Edwards—Asked Council to consider an additional public comments session at the end of the meetings.

Mary Ellen Vichiconti—spoke about work session minutes from October 19, 2011, relative to how the MUA information would be distributed to the taxpayers (i.e. fact sheet and letter).

Craig Thompson—spoke on behalf of the Stonehill residents, noting that they were willing to work with the Council on the sewage issues. He advised that members were willing to sit on the MUA Board.

Linda Gavalda—asked about the EDU usage by the bank and the urgent care facility.

Sally Rinker—read a prepared statement relative to how she feels the Council conducts business at meetings and with the public in general.

Gary Martinsen—spoke about Council’s lack of decorum at the last meeting, though he felt most meetings up until then were done well.

Tom McClachrie—suggested putting all MUA questions and answers on the website for those that are unable to attend meetings but may have the same questions. He also spoke about the Emergency resolution (#12-173) for Hurricane Irene repairs.

Eloise Ruskin—asked for Council’s response when comments and/or questions are raised.

Jean Murphy—asked about the EDAC business seminar being held. Specifically, she asked who was paying for it and which businesses were being invited. (Council Member Dunn advised that the Township was paying for the seminar, and that the list of businesses had yet to be determined.)

Closed to Public Comments

The Council President asked for a motion to close the public portion of the meeting.
Moved: Patrick Rizzuto
Second: Daniel Kadish
All members present were in favor.

Mayor’s Report

  • Mayor Marotta responded to Mary Ellen Vichiconti, noting that a cost sheet and other information was distributed to Council on MUA issues, but that any letter for the taxpayers would have gone out from the MUA and not the Council.
  • The Mayor noted that applications for Boards and Commissions can be found on the website and should be returned to the Clerk for processing.
  • He advised that about $200,000 of the bond for Hurricane Irene is being repaid (now that we have received FEMA payment).
  • He clarified that the liquor license ordinance (#12-14) would freeze the license fees at the 2012 rate, and not lower them.
  • He asked Council to consider approving a proclamation for domestic violence awareness month in October.

Council President Lynch asked for a motion to approve the Mayor’s proclamation on Domestic Violence Awareness.
Moved: Patrick Rizzuto
Second: Dick Wetzel

A roll call vote was taken:
Ayes: Eddie Dunn, Daniel Kadish, Patrick Rizzuto, Dick Wetzel, Brian Lynch
Nays: None
The Mayor’s proclamation was approved.

Proclamation

Domestic Violence Awareness Month

Whereas, violence in the home is a problem that encompasses all racial, religious, ethnic, and socioeconomic groups; and

Whereas, during the month of October, local, state and national domestic violence agencies will sponsor events to promote the awareness of domestic violence; and

Whereas, community based organizations such as DASI (Domestic Abuse & Sexual Assault Intervention Services) work diligently to bring attention to the issues surrounding violence in the home as well as other forms of interpersonal violence; and

Whereas, local domestic violence advocates promote education, understanding, safety and demonstrate a lack of tolerance toward domestic violence; and

Whereas, DASI is requesting the Township of Vernon to join the campaign to end interpersonal violence by placing purple ribbons in Vernon Township during the month of October.

NOW THEREFORE BE IT RESOLVED, by the Township Council of the Township of Vernon that the MONTH OF OCTOBER shall be observed as DOMESTIC VIOLENCE AWARENESS MONTH in the Township of Vernon and the displaying of Purple Ribbons during the Month of October is whole-heartedly supported to bring awareness to the issues surrounding violence in the home.

Presentation

Environmental Commission—Pipeline Contamination of Surface Waters

Craig Williams gave a power point presentation showing pictures and videos taken from various waterway locations. These were taken to demonstrate what they perceive to be a toxic situation as a result of the pipeline work. Specifically they had found “pillows” placed in the waterways that have yet to be removed by the pipeline company. These “pillows” were to attract/absorb sediment during re-forestation in the Highland Lakes area (and were requested by the Highland Lakes Association). The pillows give off a bad odor and appear to be breaking down with a dark ooze-y substance. Each has been plotted by the Environmental Commission with latitude and longitude where found. Mr. Williams advised that they had been in contact with the DEP on this matter.

Council Member Rizzuto asked Mr. Williams if the Newark Watershed had been notified (they had not).

Council Member Dunn asked if the contents of the pillows had been identified (they had not).

Council President Lynch asked for more information on how they got there and what they’re made of.

A discussion followed on how this should be addressed, and what organizations should be involved. The Commission was thanked for their efforts.

Approval of Minutes

July 21, 2012 Special Work Session Minutes

Moved: Patrick Rizzuto
Second: Dick Wetzel

A roll call vote was taken:
Ayes: Eddie Dunn, Daniel Kadish, Patrick Rizzuto, Dick Wetzel
Nays: None
Abstain: Brian Lynch
The minutes of 7/31/12 were approved.

July 23, 2012 Regular Meeting Minutes

Moved: Eddie Dunn
Second: Daniel Kadish

A roll call vote was taken:
Ayes: Eddie Dunn, Daniel Kadish, Dick Wetzel, Brian Lynch
Nays: None
Abstain: Patrick Rizzuto
The minutes of 7/23/12 were approved.

August 13, 2012 Regular Meeting Minutes

Moved: Dick Wetzel
Second: Eddie Dunn

A roll call vote was taken:
Ayes: Eddie Dunn, Daniel Kadish, Patrick Rizzuto, Dick Wetzel, Brian Lynch
Nays: None
Abstain: None
The minutes of 8/13/12 were approved.

Consent Agenda—Resolutions #12-170 through #12-174

Council President Lynch gave a brief explanation of all resolutions.

Council President Lynch asked for a motion adopting Resolutions #12-170 to 12-174.
Moved: Patrick Rizzuto
Second: Eddie Dunn

A roll call vote was taken:
Ayes: Eddie Dunn, Daniel Kadish, Patrick Rizzuto, Dick Wetzel, Brian Lynch**
Nays: None
Abstain: **Item #2352.
Resolutions #12-170 to 12-174 were approved.

Resolution #12-170: Authorizing rhe Approval of Bills List

BE IT RESOLVED THAT THE FOLLOWING BILLS LISTED ARE HEREBY APPROVED:

Disbursement
Journal
FundAmountMajor Vendor
#1CURRENT$500.00 
#2CURRENT$1,036,762.70BD OF ED
#3CURRENT$1,256,342.92BD OF ED
#4CURRENT$220.00 
#5CURRENT$1,237.50 
#6CURRENT$229,931.99HBCBS
#7CURRENT$441.60MUA
#8CURRENT$23,860.67MUA
#9CAPITAL$146,188.06EARTH-TEC
#10GRANT$800.00 
#11P & Z$605.00 
#12OUTSIDE SERVICES$5,579.39 
#13OUTSIDE SERVICES$5,502.96 
#142ND PAY-AUGUST$324,988.71 
  $3,032,961.50 

Resolution #12-171: Chapter 159 Resolution Requesting Approval of Revenue and Appropriation Amending the 2012 Budget as a Revenue and Appropriation of $35,650.00

WHEREAS, N.J.S.A. 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget; and

WHEREAS, said Director may also approve the insertion of an item of appropriation for an equal amount; and

WHEREAS, the Township has entered into an agreement with the County of Sussex calling for the County to provide aid in the amount of $35,650.00; and wishes to amend its 2012 budget for this amount as a revenue.

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Vernon hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2012 in the sum of $35,650.00 which is now available as a revenue from the County of Sussex; and

BE IT FURTHER RESOLVED that a like sum of $35,650.00 is hereby appropriated under the caption Rt 517/Maple Grange/Lounsberry Hollow Road Grant.

Resolution #12-172: Authorizing Acceptance of Second Amendment to March 26, 2008 Agreement between County of Sussex and Vernon Township for Improvements to the Intersection of County Route 517 and Maple Grange /Lounsberry Hollow Roads

WHEREAS, the County of Sussex and the Township of Vernon have mutually agreed to plan safety improvements to the intersection of CR 517 and Maple Grange/Lounsberry Hollow Roads; and

WHEREAS, the County of Sussex, in the original agreement dated March 26, 2008, agreed to contribute an amount not to exceed $521,400.00 toward the total cost of the project and in the first amendment agreed to extend the term of the Agreement from December 31, 2010 to December 31, 2012; and

WHEREAS, subsequent to the original Agreement, the County of Sussex, to enhance the durability and longevity of County Roads, changed its standard roadway section from 71/2" of conventional hot mix asphalt to 9" of the new NJDOT “Super-Pave” asphalt, and said change increases the anticipated project asphalt by 310 tons at the current bid price of $115.00 per ton for a price of $35,650.00; and

WHEREAS, the Sussex County Board of Chosen Freeholders have approved by resolution, dated August 15, 2012, an amendment for the additional asphalt needed as stated above re-establishing the amount to be contributed to the Township of Vernon for this project to an amount not to exceed $557,050.00.

NOW THEREFORE BE IT RESOLVED, the Council of the Township of Vernon, hereby accepts the increased money commitment from the County of Sussex for said project for a total amount not to exceed $557,050.00; and

BE IT FURTHER RESOLVED, that copies of this resolution shall be forwarded to the County Administrator, County Treasurer and County Department of Engineering and Planning.

Resolution #12-173: Authorizing the Issuance of Not Exceeding $800,000 Special Emergency Notes of the Township of Vernon, in the County of Sussex, New Jersey

BE IT RESOLVED by the Township Council of the Township of Vernon, in the County of Sussex, New Jersey (not less than two-thirds of all the members thereof affirmatively concurring), as follows:

Section 1. Pursuant to a resolution of The Township of Vernon, in the County of Sussex (the “Township”) authorizing a special emergency appropriation in the amount of $1,000,000, finally adopted on September 12, 2011 and entitled: “Resolution making a special emergency appropriation of $1,000,000 and authorizing the issuance of not exceeding $1,000,000 special emergency notes of the Township of Vernon, in the County of Sussex, New Jersey, for purposes of financing such appropriation,” special emergency notes (the “Notes”) of the Township are hereby authorized to be issued pursuant to the Local Budget Law of New Jersey (N.J.S.A. 40A:4-1 et seq. and, in particular, N.J.S.A. 40A:4-55) in a principal amount not exceeding $800,000 for the purpose of financing the improvement or purpose described in said resolution, including (to any extent necessary) the renewal of any special emergency notes heretofore issued therefor.

Section 2. The following matters in connection with the Notes are hereby determined:

  1. All Notes issued hereunder shall mature at such times as may be determined by the chief financial officer, interim chief financial officer or treasurer (the “Chief Financial Officer”) of the Township, provided that no Note shall mature later than one year from the date of the first Note issued hereunder unless the Township shall have paid and retired amounts of such Notes sufficient to allow it, in accordance with provisions of Section 40A:4-55 of the Local Budget Law, to renew a portion thereof beyond the first anniversary date of the first of such Notes;
  2. All Notes issued hereunder shall bear interest at such rate or rates as may be determined by the Chief Financial Officer; and
  3. The Notes shall be in the form prescribed by resolution heretofore adopted by the governing body of the Township determining the form of special emergency notes issued pursuant to the Local Budget Law, and the Notes shall be signed or sealed by the Chief Financial Officer, the Mayor and the Township Clerk in any manner permitted by law notwithstanding that said form or resolution may otherwise provide.

Section 3. The Chief Financial Officer is hereby authorized and directed to determine all matters in connection with the Notes not determined by this or a subsequent resolution, and the Chief Financial Officer’s signature upon the Notes shall be conclusive as to such determinations.

Section 4. The Chief Financial Officer is hereby authorized to sell the Notes from time to time at public or private sale in such amounts as the Chief Financial Officer may determine at not less than par and to deliver the same from time to time to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their dates to the date of delivery thereof and payment therefor.

Section 5. Any instrument issued pursuant to this resolution shall be a general obligation of the Township, and the Township’s faith and credit are hereby pledged to the punctual payment of the principal of and interest on said obligations and, unless otherwise paid or payment provided for, an amount sufficient for such payment shall be inserted in the budget and a tax sufficient to provide for the payment thereof shall be levied and collected.

Section 6. The Chief Financial Officer is hereby authorized and directed to report in writing to the governing body at the meeting next succeeding the date when any sale or delivery of Notes pursuant to this resolution is made, such report to include the amount, description, interest rate and maturity of the Notes sold, the price obtained and the name of the purchaser.

Section 7. The Chief Financial Officer is hereby further authorized and directed to file a copy of this resolution, as adopted, and all other resolutions or ordinances relating to the authorization of the aforementioned special emergency appropriation with the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey.

Section 8. The Chief Financial Officer is hereby authorized and directed to do all other matters necessary, useful, convenient or desirable to accomplish the delivery of the Notes to the purchasers thereof as promptly as possible, including (i) the preparation, execution and dissemination of a Preliminary Official Statement and Final Official Statement with respect to the Notes, (ii) preparation, distribution and publication, if necessary, of a Notice of Sale with respect to the Notes, (iii) execution of a Continuing Disclosure Undertaking, with respect to the Notes in accordance with Rule 15c2-12 promulgated by the Securities and Exchange Commission and (iv) execution of an arbitrage and use of proceeds certificate certifying that, among other things, the Township, to the extent it is empowered and allowed under applicable law, will do and perform all acts and things necessary or desirable to assure that interest paid on the Notes is not included in gross income under Section 103 of the Internal Revenue Code of 1986, as amended.

Section 9. All action heretofore taken by Township officials with respect to the sale, issuance and delivery of the Notes is hereby ratified, confirmed, adopted and approved.

This resolution shall take effect immediately.

Resolution #12-174: Authorizing the Vernon Township Council to Approve a Person-to-Person Transfer of Liquor License #1922-43-005-001

WHEREAS, an application has been filed for a person-to-person transfer of a Limited Retail Distribution License #1922-43-005-001, for the purpose of changing the name of licensee wherein the sale, service and storage of alcoholic beverages are authorized; and

WHEREAS, the submitted application form is complete in all respects, the transfer fees have been paid, and the license has been properly renewed for the current license term.

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Vernon does hereby approve, effective as of August 27, 2012, person-to person transfer of the Limited Retail Distribution License #1922-43-005-001, located at 812 Canistear Road, Highland Lakes, New Jersey to transfer from Marsh Harry Lawrence, to Wanda East LLC as delineated in the application form.

Ordinances

Introduction/1st Reading of Ordinance #12-15 (Capital Ordinance for Various Public Improvements & Repairs) by Title Only

Council President Lynch asked for a motion to approve Ordinance #12-15 on 1st reading by title only.
Motion: Patrick Rizzuto
Second: Eddie Dunn

Township Attorney Kelly explained the changes from the original version given to Council, and that all had been given the changes.

A roll call vote was taken:
Ayes: Eddie Dunn, Daniel Kadish, Patrick Rizzuto, Dick Wetzel, Brian Lynch
Nays: None
Ordinance #12-15 was approved on 1st reading by title only.

Ordinance #12-15: Ordinance of the Township of Vernon in the County of Sussex, New Jersey authorizing the making of various improvements and repairs in, by and for the township pursuant to N.J.S.A. 40:56-1 and appropriating therefore the sum of $320,000 and providing that such sum so appropriated shall be raised from the capital improvement fund of the township


Introduction/1st Reading of Ordinance #12-16 (Authorizing Sale of Block 102.10 Lot 9, 23 Acorn Drive) by Title Only

Council President Lynch asked for a motion to approve Ordinance #12-16 on 1st reading by title only.

Motion: Patrick Rizzuto
Second: Dick Wetzel

A roll call vote was taken:
Ayes: Eddie Dunn, Daniel Kadish, Patrick Rizzuto, Dick Wetzel, Brian Lynch
Nays: None
Ordinance #12-16 was approved on 1st reading by title only.

Council Member Rizzuto advised that he and Council Member Wetzel had gone through town identifying lots with potential for similar action, and that they have found about 50 lots.

Ordinance #12-16: An ordinance of the Township of Vernon, County of Sussex, State of New Jersey, authorizing the sale of certain property owned by the township and not required for public purposes and more commonly known as 23 Acorn Drive, Block 102.10, Lot 9


2nd Reading on Ordinance #12-14 (Liquor License Fees) by Title Only

The Council President asked for a motion to adopt Ordinance #12-14 on 2nd reading.
Motion: Daniel Kadish
Second: Patrick Rizzuto

Open to Public Comments on Ord. #12-14 Only

Tom McClachrie—suggested Council freeze all building fees at the 2006 level.

Jean Murphy—felt fees should not be frozen.

Margaret Borstad—noted that businesses got a $50.00 bill from the Fire Marshal this year. She said that it was a new fee without any information. She urged Council not to freeze the liquor license fees.

Doreen Edwards—noted that building department fees were very high.

Closed to Public Comments

Moved: Patrick Rizzuto
Second: Dick Wetzel
All members present were in favor.

Council Member Wetzel advised that it was he who had introduced the idea of freezing the fees, and not the Mayor as the public seemed to think. He based his suggestion on his experiences as a former restaurant owner.

Council Member Kadish did not see high increases in the fees.

Council President Lynch agreed about other fees being high and felt they needed to be looked at.

A roll call vote was taken on Ord. #12-14:
Ayes: Eddie Dunn, Patrick Rizzuto, Dick Wetzel, Brian Lynch
Nays: Daniel Kadish
Abstain: None
Ordinance #12-14 was adopted.

Ordinance #12-14: An ordinance of the Township of Vernon, County of Sussex, State of New Jersey, amending Chapter 250 of the code of the Township of Vernon regarding liquor license fees


Council President

  • Council President Lynch advised that on August 31, flags would be flown at half staff in memory of Neil Armstrong.
  • He thanked the Mayor for getting the roads repaired as quickly as possible, noting that they were much improved.
  • Noted the new guardrail on Canistear Road, which had no dents as yet!

Council Business

Council Member Dunn had nothing to report at this time.

Council Member Kadish asked for the following motion.

Motion: Approval of reimbursement to the Environmental Commission for expenses paid out in their review of the pipeline contamination of surface waters.
Moved: Daniel Kadish
Second: Brian Lynch
All members present were in favor.

Mayor Marotta noted that the Environmental Commission budget covers the cost of the secretary, but little else.

Council Member Rizzuto asked for a point of order: if the Commission reports to the Mayor and Council, then the Council should not act without the Commission going through the proper channels or chain of command.

Council Member Wetzel complimented the pipeline people (Environmental Commission) on the job done.

Adjournment

There being no further items of business to be conducted at the Regular Meeting, a motion for Adjournment was made by Council Member Dunn. Motion seconded by Council Member Rizzuto, with all members present voting in favor.

The Regular Meeting of the Township Council of the Township of Vernon was adjourned at 8:45 p.m.

Respectfully submitted,
Susan S. Nelson, RMC
Municipal Clerk

Minutes approved: September 24, 2012