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

Minutes: January 23, 2012

The original minutes of the township council meeting of January 23, 2012 have been amended to correct the action taken on resolutions #12-20 through #12-24. The original minutes were approved on February 16, 2012. The actual resolutions #12-20 through 12-24 were inadvertently omitted, as were resolutions #12-25 and #12-27. All other items in the original minutes remain unchanged. The amendments were approved April 23, 2012.

The Regular Meeting of the Township Council of the Township of Vernon was convened at 7:30 p.m. on January 23, 2012, in the Vernon Township Municipal Building, 21 Church Street, Vernon, New Jersey, with Council President Brian Lynch presiding.

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.

Salute to the Flag

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

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, CFO William Zuckerman, and Township Attorney Kevin Kelly.

Presentation

Mayor & Council—2nd 100 Days

Council Member Wetzel and Council Member Rizzuto showed a PowerPoint presentation giving a review of the Mayor and Council’s actions/accomplishments during the 2nd 100 days in office. Some of the highlights of the presentation included the following:

  • a return of $587,418.36 to surplus from the current budget (a savings of 5%)
  • a recapture of $912,000 of past expenses from the sewer project
  • the establishment of an interlocal service agreement with the Borough of Sussex to share financial services for 2012 (our CFO will also serve as their CFO)
  • we were able to maintain an “Aa” bond rating when many other communities were downgraded—all due to prudent fiscal management
  • liaison meetings with the Board of Education to explore further possibilities of shared services

Public Comments

Council President Lynch opened the meeting to public comments at this time.

Gary Martinsen—gave the Council kudos for the way the last meeting was conducted. He asked about possibly having signage displayed and/or a proclamation for the Special Olympics.

Phyllis Pfeiffer—spoke about the salary ordinance. She asked where the money is coming from to cover the increase in salaries, as well as the need for the Business Administrator to continue with the Mayor’s increased job and paying for both positions. She was against the changes in the fire prevention office.

Howard Widden -spoke on the salary ordinance increases. He compared the Council job to that of a member of the Board of Education, and they are not salaried. He noted the many residents who are struggling economically at this time.

Tom McClachrie—spoke in opposition to the salary ordinance.

Bonnie Rubin—asked about the Mayor’s hours and salary, and noted her opposition. She pointed out the struggles of residents to make ends meet.

Robert Oliver—asked how the ranges were determined. Council President Lynch asked Mr. Giaimis to explain. Mr. Giaimis advised that he had reviewed the League of Municipalities publication on salaries throughout the state, as well as salaries in neighboring towns.

John Logan—advised that he had been a former Vernon Mayor—he spoke about all the good things the current Mayor and Council had done so far, and was concerned that by approving these increases they would undermine all the good they had done.

Mary Ellen Vischiconti—opposed the salary increases, echoing similar concerns as other speakers.

Lynn VanGorder—asked Council to hear the concerns of the audience in opposition to the salary ordinance, just as they had listened to the residents in opposition to the urgent care facility proposed at the Appalachian Hotel.

Barbara Chorzepa—spoke in support of the salary ordinance and of the Mayor. She noted his efforts to mitigate an environmental issue on their property years ago. She spoke about the many areas that the Mayor has improved town services and savings, as well as his efforts during and after the storms—both with damages and health issues resulting from those storms that benefitted everyone in town. She pointed out the sewer system improvements and the utility’s ongoing status.

Diane Wexler—advised that the Mayor had noted during his campaign that he would be a part-time Mayor if feasible, but that after assessing the job, he felt it would require full-time status. She had no problem with increasing his salary for that reason. She did, however, have a problem with increases for Council.

Closed to Public Comments

No one else wished to speak at this time, and Council President Lynch asked for a motion to close the public portion of the meeting.

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

Mayor’s Report

Mayor Marotta introduced Howard Burrell, who spoke on the Sussex County’s Heroes for the American Red Cross. He explained the program that benefits residents when anyone is in need. They operate 24 hours per day, 7 days a week, and 365 days a year. He pointed out that they are not funded by any governmental agencies, and then advised what services they provide. He gave details of the month’s events for this campaign from March 2 through March 23. He noted that the Mayor and Mr. Joseph Tadrick had volunteered to become heroes by donating money. Mr. Burrell asked Council to join, as well as the public.

The Mayor had the following items to report:

  • Mayor Marotta asked Council to approve the following as Fire Police appointments for 2012:
    John Auberger, John Barcelona, Layton Bergman, Bud Braitsch, Ed Buruchian, Chris Christensen, Ken Clark, Kelly Courtright, Herb Courtright, Charlie Dalrymple, Chris Jensen, Kyle Kapusta, Richard Milewski, David Mulder, Alan Nagle, Kenny Petrenko, John Rockwell, Bryan Rivers, Tina Sanchez, Trent Schamble, Jim Sheridan, Art Sinfield, Frank Van Lenten, and Lance Westling

Motion: Eddie Dunn
Second: Patrick Rizzuto

A roll call vote was taken:
Ayes: Eddie Dunn, Dan Kadish, Patrick Rizzuto, Dick Wetzel
Nays: None
Abstain: Brian Lynch
Motion carried.

  • Noted Moody’s report was available for the public.
  • Read a letter addressed to the Mayor and Council from Mr. William Wigder, a resident of the Appalachian Hotel. Mr. Wigder thanked the Mayor and Council for hearing their concerns over the proposed urgent care facility at the hotel.
  • Budgets for 2012 information—Council was given copies of the 1st working document for review. He commended the work of Mr. Zuckerman on the budget. He noted that the State had given a revised date for introduction of the budget—March 9. He advised that the document was based on zero state aid. He also advised that employees had endured a salary freeze for 3 years despite the residents paying for raises during that time, as the budget included the calculated amounts of those raises.
  • Asked Mr. Giaimis to go over the new website. Mr. Giaimis gave a quick overview of the site, noting it would be online within a few days. He explained the changes from the old site, including that all minutes would now be able to be searched, as they would be posted in html format instead of pdf. He showed some highlights. In addition, Mr. Giaimis showed the Municipal Utilities Authority website.

Proclamation

Council President read the following Proclamation:

Whereas, the citizens of Vernon Township stand firmly committed to promoting reading as the catalyst for our students’ future academic success, their preparation for America’s jobs of the future, and their ability to compete in a global economy; and

Whereas, the Vernon Township Board of Education has provided significant leadership in the area of community involvement in the education of our youth, grounded in the principle that educational investment is the key to the community’s well-being and long-term quality of life; and

Whereas, NEA’s Read Across America, a national celebration of reading, will be conducted on March 2, 2012, which would have been the 108th birthday of Theodor Seuss Geisel, better known as Dr. Seuss; and

Whereas, Read Across America-NJ is being conducted statewide by the New Jersey Education Association, in partnership with the New Jersey State League of Municipalities, the New Jersey Library Association, and their local affiliates across the state to promote reading and adult involvement in the education of our community’s students.

Now Therefore Be It Resolved that the Mayor and Council of the Township of Vernon calls on the citizens of Vernon Township to assure that every child is in a safe place reading together with a caring adult on March 2, 2012.

And Be It Further Resolved that this body enthusiastically endorses NEA’s Read Across America and Read Across America-NJ, and recommits our community to engage in programs and activities to make America’s children the best readers in the world.

Motion: Daniel Kadish
Second: Dick Wetzel
All were in favor.

Approval of Minutes

December 12, 2011 Executive Session Meeting Minutes

Moved: Patrick Rizzuto
Second: Daniel Kadish

A roll call vote was taken:
Ayes: Eddie Dunn, Daniel Kadish, Patrick Rizzuto, Dick Wetzel, Brian Lynch
Nays: None
Minutes were approved.

December 12, 2011 Regular Meeting Minutes

Moved: Eddie Dunn
Second: Daniel Kadish

A roll call vote was taken:
Ayes: Eddie Dunn, Daniel Kadish, Patrick Rizzuto, Dick Wetzel, Brian Lynch
Nays: None
Minutes were approved.

December 27, 2011 Regular Meeting Minutes

Moved: Patrick Rizzuto
Second: Daniel Kadish

A roll call vote was taken:
Ayes: Eddie Dunn, Daniel Kadish, Patrick Rizzuto, Dick Wetzel, Brian Lynch
Nays: None
Minutes were approved.

January 3, 2012 Reorganization 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
Minutes were approved.

January 9, 2012 Regular Meeting Minutes

Moved: Patrick Rizzuto
Second: Brian Lynch

A roll call vote was taken:
Ayes: Eddie Dunn, Daniel Kadish, Patrick Rizzuto, Dick Wetzel, Brian Lynch
Nays: None
Minutes were approved.

Resolutions #12-20 through #12-33

Council President Lynch gave a brief explanation of all resolutions, and noted that #12-25 and #12-27 would need to be removed from the consent agenda due to a conflict he had with voting on Fire Department business.

Mr. Kelly asked to clarify that Council had previously voted to hire an appraiser for the Main Street Associates property. He was advised that they had approved doing so.

The Council President asked for a motion to approve Resolutions #12-20 through 12-24, 12-26, and 12-28 through 12-33.

Moved: Patrick Rizzuto
Second: Daniel Kadish

A roll call vote was taken:
Ayes: Eddie Dunn, Daniel Kadish, Patrick Rizzuto, Dick Wetzel, Brian Lynch
Nays: None
Resolutions #12-20 through 12-24, 12-26, and 12-28 through 12-33 were approved.

Council Member Kadish noted that Resolution #12-33 was insisted on by the risk manager and the Township attorney.

Resolution #12-20: Authorizing the Approval of Bills List

BE IT RESOLVED that the following bills listed are hereby approved:

Disbursement
Journal
FundAmountMajor Vendor
#1CURRENT$1,035,583.60BD OF ED
#2CURRENT$46,021.44LAKELAND BANK
#3CURRENT$1,490,795.99BD OF ED
#4CURRENT$1,052.41 
#5GRANT$2,628.90 
#6CAPITAL$767,883.84TILCON
#7SEWER OPERATING$383.24 
#8OTHER TRUST$1,050.00 
#9OTHER TRUST$3,627.00 
#10OPEN SPACE$2,875.00 
#11PVL DAM REHAB ASSESS$70,817.15ST OF NJ
#12OUTSIDE SERVICES$9,237.37 
#13CURRENT$50,100.00JOHN THOMPSON
 PAYROLL-2ND PAY JAN$307,842.16 
  $3,789,898.10 

Resolution #12-21: Authorizing and Directing the Reinstatement of Installment Payments for the Pleasant Valley Lake Dam Assessment on Block 268-22 Lots 6 Pursuant to NJSA 40:56-35(B)

WHEREAS, the Township Council confirmed the Special Assessment of the Pleasant Valley Lake Dam Restoration Project by Resolution #03-131 dated November 10, 2003; and

WHEREAS, Block 268.22 Lot 6 was assessed pursuant to said Resolution; and

WHEREAS, the Township Council is satisfied that the owners of said property failed to make the installment payment due as a result of extenuating circumstances over which they had no control as stated in their request letter; and

WHEREAS, the Township Council is authorized to reinstate the installment payments due under the assessment pursuant to NJSA 40:56-35 (b).

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Vernon, County of Sussex and State of New Jersey as follows:

  1. Upon payment by the owners of Block 268.22 Lot 6 of any and all delinquent payments for the Pleasant Valley Lake Special Assessment herein referenced together with any interest and/or penalties thereon, the Tax Collector is hereby authorized and instructed to accept said payment, interest and penalties and to restore to said owner the right to make future assessment payments pursuant to and under the installment payment plan established for the said assessment.
  2. Nothing herein should be construed to alter, amend or terminate the payments, past or future, owed by the owners of Block 268.22 Lot 6 due and owing under the referenced special assessment.
  3. This Resolution shall take effect immediately upon adoption according to law.

Resolution #12-22: Tax Court Judgement—2011 Taxes

WHEREAS, a Tax Court Judgment has been favorably awarded for the year 2011; and,

WHEREAS, such judgment has resulted in an overpayment of the 2011 taxes;

NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the Township of Vernon, County of Sussex, State of New Jersey, to hereby authorize the Township Treasurer to issue check for said overpayment and that the Tax Collector refund said overpayment of taxes on the following account:

BLOCKLOTNAMEAMOUNTLOCATION
18413 CVArcher & Greiner P.C. as Trustee for Mountain Creek Resort Inc.$21,160.33195 Rt.94

Resolution #12-23: Tax Court Judgements—2010 Taxes

WHEREAS, Tax Court Judgments have been favorably awarded for the year 2010; and,

WHEREAS, such judgments have resulted in overpayments of 2010 taxes;

NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the Township of Vernon, County of Sussex, State of New Jersey, to hereby authorize the Township Treasurer to issue checks for said overpayments and that the Tax Collector refund said overpayments of taxes on the following accounts:

BLOCKLOTNAMEAMOUNTLOCATION
188.011 C0008Tod Mershon/
Adam R Jones Esq.
$1,856.191-24 Maple Crescent
188.013 C0001Patricia Marino/
Adam R Jones Esq.
$1,858.715-11 Maple Crescent
188.013 C0003Jerie Charnow/
Adam R Jones Esq.
$1,688.375-12 Maple Crescent
188.014 C0005Jeffrey & Darlyne Pieper/
Adam R Jones Esq.
$4,120.727-13 Maple Crescent
188.015 C0003Dawn Maguire/
Adam R Jones Esq.
$1,683.369-12 Maple Crescent
188.018 C0001Ronald & Nadya Kulhangian/
Adam R Jones Esq.
$1,858.716-11 Maple Crescent
1909 CA401Dawn Maguire/
Adam R Jones Esq.
$2,552.59200 Rt.94 Unit 401
1909 CA416Kevin Woodruff/
Adam R Jones Esq.
$2,725.44200 Rt.94 Unit 416
1909 CB142Mark Braverman & Karen Herrera/
Adam R Jones Esq.
$1,635.76200 Rt.94 Unit 142
1909 CB232Diana McGonnell/
Adam R Jones Esq.
$1,440.38200 Rt.94 Unit 232

Resolution #12-24: Tax Court Judgements—2009 Taxes

WHEREAS, Tax Court Judgments have been favorably awarded for the year 2009; and,

WHEREAS, such judgments has resulted in overpayments of 2009 taxes;

NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the Township of Vernon, County of Sussex, State of New Jersey, to hereby authorize the Township Treasurer to issue checks for said overpayments and that the Tax Collector refund said overpayments of taxes on the following accounts:

BLOCKLOTNAMEAMOUNTLOCATION
188.011 C0008Tod Mershon/
Adam R Jones Esq.
$965.211-24 Maple Crescent
188.013 C0001Patricia Marino/
Adam R Jones Esq.
$965.205-11 Maple Crescent
188.013 C0003Jerie Charnow/
Adam R Jones Esq.
$876.155-12 Maple Crescent
188.014 C0003Jeffrey & Darlyne Pieper/
Adam R Jones Esq.
$873.747-12 Maple Crescent
188.014 C0005Jeffrey & Darlyne Pieper/
Adam R Jones Esq.
$1,225.167-13 Maple Crescent
188.015 C0003Dawn Maguire/
Adam R Jones Esq.
$873.749-12 Maple Crescent
188.018 C0001Ronald & Nadya Kulhangian/
Adam R Jones Esq.
$965.206-11 Maple Crescent
1909 CA401Dawn Maguire/
Adam R Jones Esq.
$1,326.26200 Rt.94 Unit 401
1909 CA416Kevin Woodruff/
Adam R Jones Esq.
$1,415.32200 Rt.94 Unit 416
1909 CB142Mark Braverman & Karen Herrera/
Adam R Jones Esq.
$849.67200 Rt.94 Unit 142
1909 CB232Diana McGonnell/
Adam R Jones Esq.
$748.58200 Rt.94 Unit 232

Resolution #12-26: Transfer Resolution—Fund Balance Transfer

WHEREAS, the Township of Vernon Municipal Budget requires certain modifications to cover potential expenses that may occur in excess of the original budget.

NOW, THEREFORE BE IT RESOLVED by the Township Council of the Township of Vernon that the following Transfer of Appropriations (2011 Municipal Budget) in accordance with N.J.S.A 40A-58/59 and hereby approved.

FROM: TO: 
Current Fund   
Land Use S&W$4,000.00Social Security O/E$3,800.00
  Radio Communications S&W$200.00
  Total Transfers:$4,000.00

Adjustments to State 2011 Budget

Revenue:
State Aid Garden State Trust Fund$280.00
Grant—State of NJ Body Armor-.01
Interest on PVL Loan-4,736.70
Interlocal Agreement1.00
Amt. to be Raised by Taxes-.99
Court Fines-280.00
Lot Development Plan4,736.70
Total Changes0.00
Appropriations:
Utilities$12,486.00
Grant—State of NJ Body Armor-.01
911 Communication S & W-37,474.00
Interest on PVL Loan-4,736.70
Reserve for Uncollected Taxes37,474.71
Interest on Emergency Notes-7,750.00
Total Changes0.00

Resolution #12-28: Authorizing an Emergency Contract with Earth Tec Associates, Inc. for Repairing Roads and Property That Were Damaged by Hurricane Irene

WHEREAS, Hurricane Irene and subsequent storms had seriously damaged several roads in the township; and

WHEREAS, according to NJSA 40A:11-6 an emergency contract may be awarded when an emergency affecting the public health, safety or welfare requires the immediate delivery of a good or service; and

WHEREAS, Hurricane Irene and subsequent storms had damaged property, roads and a stream bank along Woodland Drive and Cedar Ridge Drive which needed immediate repair, and the Township’s Public Works Director has certified that such an emergency existed with respect to these repairs and the use of Earth Tec Associates; and

WHEREAS, the Purchasing Agent recommends that the Township Council award an emergency contract to make these repairs to Earth Tec Associates, Inc., PO Box 941, Vernon, New Jersey 07462; and

WHEREAS, the total cost for this contract is $143,751.06 and the Chief Financial Officer, of the Township of Vernon, has certified these funds are available in accounts #101427.

NOW THEREFORE BE IT RESOLVED, by the Township Council of the Township of Vernon, that the vendor, Earth Tec Associates, Inc., be awarded an emergency contract, in accordance with the attached bill in the amount not to exceed $143,751.06; and

BE IT FURTHER RESOLVED, that this resolution shall take effect immediately upon adoption according to law.

Resolution #12-29: Resolution Authorizing Fireworks to be Displayed on February 6, 2012, within the Township of Vernon

WHEREAS, N.J.S.A.21:3-1et seq. Explosive and Fireworks, provides that a Municipal Governing Body must authorize the display of fireworks within its boundaries as a pre-condition to such display in accordance with the New Jersey Fire Prevention Code; and

WHEREAS, Mountain Creek Resort, Inc. wishes to conduct a fireworks display on Saturday, February 6, 2012; and

WHEREAS, the proposed fireworks display will take place on Mountain Creek Resort, Inc. property; and

WHEREAS, Garden State Fireworks, Inc., will be contracted to perform the public fireworks and special effects display and has provided the required certificate of liability insurance.

NOW THEREFORE BE IT RESOLVED, that the Council of the Township of Vernon, in the County of Sussex, hereby authorizes the fireworks display performed by Garden State Fireworks, Inc. and sponsored by Mountain Creek Resort, Inc on February 6, 2012, upon satisfaction of all statutory and departmental requirements.

Resolution #12-30: Authorizing Agreement to Extend Contract to Acquire Real Property between the Township of Vernon and Main Street Associates, Inc., for an Additional One Hundred Eighty (180) Days

WHEREAS, the Township of Vernon, a municipal corporation of the State of New Jersey with offices located at 21 Church Street, Vernon, New Jersey 07462 (the “Township”) and Main Street Associates, Inc., a corporation of the State of New Jersey with offices located at 15 Church Street, Vernon, New Jersey 07462 (“MSA”), entered into a contract to acquire real property dated September 8, 2003, a copy of which is attached to this Resolution as Exhibit A; and

WHEREAS, the contract provided for each party to perform certain obligations concerning the Town Center Project; and

WHEREAS, many of the obligations are ongoing and not yet complete; and

WHEREAS, both the Township and MSA wish to mutually extend the term of the contract for an additional one hundred eighty (180) days pursuant to the terms and conditions as substantially set forth in the Agreement to Extend Contract to Acquire Real Property attached to this Resolution as Exhibit B.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Township of Vernon, County of Sussex, State of New Jersey as follows:

  1. The Mayor is hereby authorized to execute the Seventh Agreement to Extend Contract to Acquire Real Property between the Township and Main Street Associates, Inc., substantially in the form as attached to the Resolution as Exhibit B.
  2. Notice of this Resolution shall be published in accordance with law as necessary.
  3. The within Resolution and subject Contract shall be on file and available for public inspection in the office of the Municipal Clerk.
  4. This Resolution shall take effect immediately upon passage and publication in accordance with law, if required.

Resolution #12-31: Authorizing the Renewal Contract for 2012 Recording Secretary for the Environmental Commission in the Amount Not to Exceed $1,500.00

WHEREAS, there exists a need for a Recording Secretary for the Environmental Commission for the year 2012; and

WHEREAS, Aida Cahill is the current Township’s Environmental Commission Recording Secretary and desires to continue in this capacity according to the Attached Exhibit ‘A’; and

WHEREAS, Vernon Township desires to renew the existing contract with Aida Cahill for the term January 1 - December 31, 2012 with a contract price not to exceed $1,500.00; and

WHEREAS, the Chief Financial Officer has certified that funds are available for this purpose subject to the adoption of the 2012 Municipal Budget.

NOW THEREFORE BE IT RESOLVED, this 23rd day of January, 2012, by the Township Council of the Township of Vernon, County of Sussex and State of New Jersey as follows:

  1. The Township of Vernon is authorized to renew the existing contract with Aida Cahill for 2012 Recording Secretary for the Environmental Commission.
  2. The Mayor and Township Clerk are hereby authorized and directed to execute the attached contract with Aida Cahill.

A copy of this Resolution shall be published in the New Jersey Herald by the Township Clerk as required by law and a true copy of same and the Contract shall be available for inspection in the office of the Township Clerk.

Resolution #12-32: Authorizing the Renewal Contract for 2012 Recording Secretary for the Historic Preservation Commission and the Land Use Board in the Amount Not to Exceed $2,500.00

WHEREAS, there exists a need for a Recording Secretary for the Historic Preservation Commission and the Township’s Land Use Board for the year 2012; and

WHEREAS, Cynthia Davis is the Township’s current independent contractor for these services and desires to continue in this capacity; and

WHEREAS, Vernon Township desires to renew the existing contracts with Cynthia Davis for the term of the contract renewal will be from January 1, 2012 to December 31, 2012, with a total contract price not to exceed $2,500.00; and

WHEREAS, the Chief Financial Officer has certified that funds are available for this purpose subject to the adoption of the 2012 Municipal Budget.

NOW THEREFORE BE IT RESOLVED, this 23rd day of January, 2012, by the Township Council of the Township of Vernon, County of Sussex and State of New Jersey as follows:

  1. The Township of Vernon is authorized to renew the existing contract with Cynthia Davis for 2012 Recording Secretary for the Historic Preservation Commission and the Township’s Land Use Board.
  2. The Mayor and Municipal Clerk are hereby authorized and directed to execute the attached Contract with Cynthia Davis.

A copy of this Resolution shall be published in the New Jersey Herald by the Municipal Clerk as required by law and a true copy of same and the Contract shall be available for inspection in the office of the Municipal Clerk.

Resolution #12-33: Authorizing the Award of Contract for Professional Training Services for the Employees of the Township of Vernon

WHEREAS, there is a need for Professional Training Services for Cultural Sensitivity for 2012 in the Township of Vernon; and

WHEREAS, N.J.S.A. 40A:11-5 specifically exempts professional services from provisions of public bidding as provided in the Local Public Contracts Law; and

WHEREAS, said specified professional services are to be rendered or performed by a person or persons licensed to practice a recognized profession; and

WHEREAS, the Township of Vernon is desirous to enter into an agreement with Innovations International, Inc., 321 Mississippi Street, San Francisco, CA 94107, as a non-fair and open contract pursuant to the provisions of the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq., as amended; and

WHEREAS, the Chief Finance Officer has certified that funds are available for this purpose subject to the adoption of the 2012 Municipal Budget; and

NOW, THEREFORE, BE IT RESOLVED by the Council of the Township of Vernon that they hereby authorize and approve the award of contract for a Professional Service Contract to Innovations International, Inc., 321 Mississippi Street, San Francisco, CA 94107, pursuant to a non-fair and open contract pursuant to the provisions of the Local Public Contracts Law, N.J.S.A. 40A:20-1 et seq. to provide Township Training Services for cultural sensitivity in accordance with the attached Proposal for Professional Services.

BE IT FURTHER RESOLVED, that the award of contract shall be contingent upon the completion and receipt of the following:

  1. A fully-executed Professional Services Contract detailing the scope of services, established fees for said professional services, mandatory Equal Opportunity Language and Affirmative Action Certificate,
  2. Receipt of all statutorily mandated “pay to play” political contribution forms pursuant to N.J.S.A. 19:44A-20.4 et seq. and W-9 form,
  3. New Jersey Business Registration Certificate.

BE IT FURTHER RESOLVED, that the Mayor and Township Clerk are hereby authorized and directed to execute, seal and deliver the attached Contract for Professional Services on behalf of and in the name of the Township of Vernon and that the Township Clerk shall publish the award of contract as required by law within ten (10) days of passage of this Resolution.

The Council President asked for a motion to approve Resolutions #12-25 and #12-27.
Motion: Eddie Dunn
Second: Daniel Kadish

A roll call vote was taken:
Ayes: Eddie Dunn, Daniel Kadish, Patrick Rizzuto, Dick Wetzel
Nays: None
Abstain: Brian Lynch
Resolutions #12-25 and #12-27 were approved.

Resolution #12-25: Approving Active Volunteer Fireman for Membership in the New Jersey State Firemen’s Association

WHEREAS, the Township Council recognizes the extraordinary contributions made by volunteer firefighters to our community and seeks to encourage their full participation in professional organizations; and

WHEREAS, Brian J. Enering, an active firefighter and member of the Vernon Township Volunteer Fire Department, Pochuck Valley Company #4, is requesting approval to submit an application for membership to the New Jersey State Firemen’s Association.

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Vernon, Sussex County, New Jersey hereby approves Brian J. Enering for membership in the New Jersey State Firemen’s Association.

Resolution #12-27: Awarding a Contract to On Site Apparatus Services, Inc. to Repair Apparatus on Vernon Fire Department Tanker #403 and to Perform Additional Repair Service on Township Fire Apparatus During 2012

WHEREAS, the Township of Vernon has a need to repair apparatus on Vernon Fire Department Tanker #403; and

WHEREAS, the Township has a need to repair additional fire apparatus during the year; and

WHEREAS, the Township desires to use On Site Apparatus Services, 6 Campbell Drive, Sussex, NJ 07461, whose proposal is the most advantageous, price and other factors considered; and

WHEREAS, On Site Apparatus Services proposes to provide this service at an estimated amount of $7,885.00 which reflects an hourly rate of $85 per hour and a 20 percent mark-up over its cost for parts. It will provide additional repair services at the same rates.

NOW THEREFORE BE IT RESOLVED, by the Township Council of the Township of Vernon, that the vendor, On Site Apparatus Services, be utilized to repair apparatus on Vernon Fire Department Tanker #403 per the attached estimate for an amount not to exceed $7,885.00 and provide additional repair service during the year 2012 for an amount not to exceed $8,000.00. The Chief Financial Officer has certified a total amount of $15,885.00 in account #10576793; and

BE IT FURTHER RESOLVED, that this resolution shall take effect immediately upon adoption according to law.

Ordinances

Ordinance #11-27 on 2nd Reading by Title Only

Ordinance #11-27: An ordinance granting non-exclusive permission to co-locate conduit and related equipment and facilities within the public right-of-way of Sand Hill Road for the purpose of transmitting solar energy generated electricity from Lot 2.03 to Lot 1 in Block 141


Motion to adopt Ord. #11-27 on 2nd reading by title only:
Motion: Patrick Rizzuto
Second: Eddie Dunn

Open to Public Comments

Tom McClachrie—asked about the fee that was originally offered on the use of the property. A brief description ensued on the usage and the public access status of this property, ending with the statement that no fees would be incurred/charged on a public right-of-way.

Robert Oliver—noted that a fee was stipulated in the ordinance (section H). Mr. Kelly advised that a fee had not been determined as yet, and that they would cover any expenses incurred so the town would not have any expenses.

Bruce Zaretsky—clarified that he pays a fee in his taxes on these properties.

Closed to Public Comments

Motion: Eddie Dunn
Second: Patrick Rizzuto
All were in favor.

Council Member Kadish asked what effect there would be with the other users in the right-of-way (i.e. notification, etc.) Mr. Kelly advised that they would have to notify the Township as in the ordinance.

Mr. Kadish asked if this use would set a precedent for others to use the right-of-way. Mr. Kelly advised that it would not set a precedent, but that anyone can ask for usage.

Mr. Kadish asked about oversight, and Mr. Kelly advised that the Council would have oversight.

Mr. Kadish asked about safety issues. Mr. Zuckerman noted that the Township engineer would oversee the placement, as well as the Land Use Board.

A roll call vote was taken on Ordinance #11-27:
Ayes: Eddie Dunn, Daniel Kadish, Patrick Rizzuto, Dick Wetzel, Brian Lynch
Nays: None
Ordinance #11-27 was adopted.

Ordinance #12-01 on 2nd Reading by Title Only

Ordinance #12-01: An ordinance to provide and determine the range of compensation for specified officers and employees in the Township of Vernon


Motion to adopt Ord. #12-01 on 2nd reading by title only:
Motion: Patrick Rizzuto
Second: Dick Wetzel

Mr. Kelly advised that 10 people had already commented on this ordinance and those comments would count towards this part of the meeting as well as the Mayor’s information and the Business Administrator’s information.

Open to Public Comments

Robert Oliver—advised that he felt the Council is worth the increase but that it was the wrong time. He asked Mr. Giaimis how he arrived at the range decisions. Mr. Giaimis explained that he reviewed other salaries throughout the state.

Gary Martinsen—questioned the timing, the use of ranges, and basing the salaries in comparison with neighboring towns.

Phyllis Pfeiffer—asked to clarify where the money is coming from for these increases, instead of applying any surplus to outstanding debt and taxes. Mayor Marotta explained how they would be funded, noting that increases had been budgeted for and paid for through property taxes during the last 3 years, but those raises were never given and those unspent amounts eventually went into surplus.

Bernie Nagle—spoke on the progress of the Town Center due to Council efforts.

Tom McClachrie—gave more information in support of his opposition.

Closed to Public Comments

Motion: Patrick Rizzuto
Second: Eddie Dunn
All were in favor.

Council Member Kadish advised that it was difficult to approve his own raise, but that the amount was warranted. He did, however, question some of the higher ranges.

Council Member Rizzuto noted that raises could always be re-set; but, that ranges keep the amounts for a few years as the job is worth. He added that it allowed the employees to know that worth, which would promote longevity.

A brief discussion continued with input from all Council members.

Council President Lynch advised that these were some of the many changes to come during the next 3 years. He further advised that Council sets the salaries for all employees, that this was a new type of government, and these were all new experiences for everyone.

A roll call vote was taken on Ordinance #12-01:
Ayes: Eddie Dunn, Daniel Kadish, Patrick Rizzuto, Dick Wetzel, Brian Lynch
Nays: None
Ordinance #12-01 was adopted.

Appointments

Mayor Marotta offered the following appointments:

Economic Development Advisory Committee

All are for one-year terms ending 12-31-2012:

Arthur J. Alviene
Elmer Platz
Craig Thompson
Teresa L. Vihti

Motion: Patrick Rizzuto
Second: Eddie Dunn
All were in favor.

Environmental Commission

Traci Baldwin-Carter to fill the vacancy, term ending 12-31-2013

Motion: Eddie Dunn
Second: Dick Wetzel
All were in favor.

Municipal Utilities Authority

James Kensek as Alternate #2, with term ending 02-01-2015

Motion: Brian Lynch
Second: Dick Wetzel
All were in favor.

Mayor Marotta appointed Eddie Dunn to head the EDAC, and thanked him for his efforts over the past 6 months.

Council Member Kadish questioned if this was a Mayoral appointment; and as such, was Mr. Dunn a voting member. The Mayor advised that it was a Mayoral appointment and reminded Mr. Dunn not to vote.

Council Business

Council Members Dunn noted that there were still 2 vacant seats on the EDAC—they need a secretary and a public member. He invited all to come out to a meeting and see what they’re doing.

Council Member Kadish asked for a written job description for the Mayor, including the number of hours, etc. Mr. Kelly noted that all the information was laid out in state statute. Mr. Kadish asked for a list to be forwarded to him for the fire police appointments.

Council Member Rizzuto noted the rancor expressed on the salary ordinance. He explained that raises were not necessarily being awarded, that Council was just setting the ranges for the various positions as warranted for the jobs being done (especially the CEO, which is comparable to the Mayor’s position).

Council Member Wetzel commended the DPW on the road work that was done on Saturday.

Council President

  • Council President Lynch advised everyone that one of the first jobs he had as a Council Member was to interview for the Clerk’s position. He felt at that time that Ms. Nelson was the right choice, and noted that her first anniversary was Wednesday, January 25.
  • He asked to schedule a work session on the Capital Budget/Capital Improvement Program on Saturday, February 4, at 9:00 a.m. He advised that he wanted Dave Pullis, Gerald Giaimis, Bill Zuckerman, and Mayor Marotta in attendance as well.
  • He noted that he wanted the sign ordinance to move forward.
  • He thanked the DPW for their efforts with the recent snow, as well as the ice during the week before.

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 voting in favor.

The Regular Meeting of the Township Council of the Township of Vernon was adjourned at 10:01 p.m.

Respectfully submitted,
Susan S. Nelson, RMC, CMR
Municipal Clerk

Minutes approved: February 16, 2012
Amendments approved: April 23, 2012