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

Minutes: July 27, 2015

The meeting of the Township Council of the Township of Vernon was convened at 7:30 p.m. on Monday, July 27, 2015 in the Vernon Municipal Center, 21 Church Street, Vernon, New Jersey with Council President Patrick Rizzuto presiding.

Statement of Compliance

Adequate notice of this meeting had been provided to the public and the press on January 4, 2015, and was posted on the bulletin board in the Municipal Building in accordance with the Open Public Meetings Act, N.J.S.A. 10:4-7.

Roll Call of Members

Present were Council Members Dan Kadish, Brian Lynch, Jean Murphy, Dick Wetzel and Council President Patrick Rizzuto. Also present were Mayor Victor Marotta, Administrator Bill Zuckerman and Township Attorney John Ursin.

Salute to the Flag

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

Moment of Silence

Council President Rizzuto asked for a moment of silence in memoriam of the 5 fallen soldiers killed in Chattanooga, TN as well as the victims of Lafayette, LA movie theater shooting.

Marine Gunnery Sgt. Thomas Sullivan of Hampden, Massachusetts
U.S. Marine Lance Cpl. Squire “Skip” Wells of Cobb, Georgia
Marine Staff Sgt. David Wyatt, of Hixson, Tennessee
Marine Sgt. Carson Holmquist, of Jacksonville, North Carolina
U.S. Navy Petty Officer 2nd Class Randall Smith, of Paulding County, Ohio

Public Comment

Council President Rizzuto asked for a motion to open the meeting for public comments.
Motion: Brian Lynch
Second: Jean Murphy
All members were in favor.

Gary Martinsen, Vernon stated that the fireworks from the Highland Lakes Fire Department were wonderful. Mr. Martinsen said the fireworks rivaled Macy’s and there was no need to leave town to see fireworks.

Closed to Public Comments

Seeing no more members of the public wishing to speak, Council President Rizzuto asked for a motion to close the public portion of the meeting.
Motion: Jean Murphy
Second: Dan Kadish
All members were in favor.

Mayor’s Report

  • Mayor Marotta announced Tom Pinand, head of the Building Department, has retired after 19 years. Mayor Marotta explained that the Township had appointed David Condon, a current Township Inspector, in the interim and the Township was advertising this position.
  • Mayor Marotta discussed that the issues with the Building Department computer program had been rectified but there were some problems with old files.
  • Mayor Marotta also announced that the Township had received notification of the retirement of Tax Collector Antoinette Izzo, who was retiring after 20 years. Mayor Marotta indicated the Township was advertising for a replacement.
  • Mayor Marotta remarked on the beautiful job of landscaping and laying pavers around the Bear Samantha, in front of the municipal building which was completed by Boy Scout Ryan Williams and his troop. Mayor Marotta explained that Scout Williams is a candidate for Eagle Scout, a graduate of Vernon High School and attending NJIT in the fall.
  • Mayor Marotta noted that earlier this year the Council had requested an analysis on the costs associated with returning the Health Department to Vernon. Mayor Marotta indicated that Administrator Zuckerman would be providing that report.
  • Administrator Zuckerman indicated that he and CFO Yetter had investigated the costs and met with the County Health Department. Administrator Zuckerman discussed the services the County would keep and what the Township would be responsible for if the Township took over the Health Department. Administrator Zuckerman noted that in 2008 the Township was spending $420,000 per year to maintain the Health Department on site. Administrator Zuckerman explained that the current contract with the County was $404,000. Administrator Zuckerman explained if the Township were to take over the Health Department in 2016 that the estimated cost would be $653,000 just taking over the services. Administrator Zuckerman discussed the Township would need to take on some new staff and health benefits as well as furniture and cars. Administrator Zuckerman recommended that the Township keep the contract with Sussex County. Administrator Zuckerman discussed the Township adding an in house liaison between the Township and Health department that would have access to the County Health Department computer systems and could review same. Administrator Zuckerman explained they did not determined who would be serving as the liaison. Council Member Murphy noted that when the Health Department was here, one of the tools provided was the septic reports which most Realtors obtain. Council Member Murphy stated that information is on line so you no longer have to wait. Council Member Lynch stated getting information from the County Health Department has been frustrating. Administrator Zuckerman discussed that this liaison would hopefully alleviate this problem. Council Member Wetzel stated he was satisfied with these results.
  • Mayor Marotta discussed that in 2014 the Township had implemented collecting fines in the municipal court via credit card. Mayor Marotta explained in the first six months of implementing this plan the township had collected $32,000 which has surpassed all fines collected in 2014. Mayor Marotta explained the township had a private collection company for old debt where a certain percentage goes to the collection company and the remainder comes to the Township. Mayor Marotta indicated approximately $3,000 had been collected through their efforts. Mayor Marotta thanked Court Clerk Donna Zuidema, Lindsay Miller and Judge Devine for their efforts. Council Member Murphy indicated she had received an article today about Zombie Foreclosures. Council Member Murphy discussed the issue with septic systems based on the increased regulation by the State enforced through the Health Department. Council Member Murphy stated this increased regulation is forcing people out of their homes because persons are unable to make the repairs and people simply walk away from their homes. Council Member Murphy stated that the Board of Realtors was looking into this matter and compiling costs. Mayor Marotta indicated that in 2012 when the State changed the regulations he had brought this issue to the Council’s attention specifically because Herb Yardley of the Board of Health had predicted that people would walk away from homes rather than make repairs. Mayor Marotta stated he believed this issue required legislative changes to address it but it is significant. Mayor Marotta further indicated that in some areas of town that better than 50% of the septics were failing.

Approval of Minutes

It was moved and seconded as noted below to approve the following minutes:

Regular Meeting Minutes of May 28, 2015

Moved: Dan Kadish
Seconded: Dick Wetzel

A roll call vote was taken:
Ayes: Dan Kadish, Brian Lynch, Jean Murphy, Dick Wetzel, Patrick Rizzuto
Nays: None
Abstain: None

Motion carried to approve minutes.

It was moved and seconded as noted below to approve the following minutes:

Regular Meeting Minutes of June 8, 2015

Moved: Dan Kadish
Seconded: Dick Wetzel

Council Member Murphy stated she would like a correction to her comments. Township Attorney Ursin stated the minutes before the Council are as written unless someone wants to make a motion to amend. Council Member Murphy stated she wanted her comments to include a statement that the Mayor did not lead the Council. Council Member Kadish stated he would amend his motion. Council President Rizzuto indicated that minutes are not a verbatim transcription but a recollection and while we can have this added he wanted to be clear the minutes are not a transcription. Township Attorney noted the Council was voting to make the amendment.

Moved: Jean Murphy
Seconded: Dan Kadish

A roll call vote was taken to amend minutes:
Ayes: Dan Kadish, Brian Lynch, Jean Murphy, Dick Wetzel, Patrick Rizzuto
Nays: None
Abstain: None

Roll call vote to approve minutes as amended:

A roll call vote was taken:
Ayes: Dan Kadish, Brian Lynch, Jean Murphy, Dick Wetzel, Patrick Rizzuto
Nays: None
Abstain: None

Motion carried to approve minutes.

Consent Agenda

Council President Rizzuto gave a brief explanation of Resolutions #15-112 - #15-115.

Council President Rizzuto asked for a motion to adopt Resolutions #15-112 - #15-115 as a separate vote.

Moved: Dan Kadish
Seconded: Dick Wetzel

A roll call vote was taken:
Ayes: Dan Kadish, Brian Lynch, Jean Murphy, Dick Wetzel, Patrick Rizzuto
Nays: None
Abstain: None

Resolutions #15-112 - #15-115 were adopted, removing 15-102, 15-103 and 15-106 for separate vote.

Council President Rizzuto gave a brief explanation of Resolutions #15-117 - #15-138.

Council President Rizzuto asked for a motion to adopt Resolutions #15-117 - #15-138 as a separate vote.
Moved: Brian Lynch
Seconded: Dan Kadish

Council Member Kadish noted that in resolution #15-118 there was a spelling error; counsel should have been spelled council.

A roll call vote was taken:
Ayes: Dan Kadish, Brian Lynch, Jean Murphy, Dick Wetzel, Patrick Rizzuto
Nays: None
Abstain: None

Resolutions #15-117 - #15-138 were adopted.

Resolution #15-112: Authorizing Professional Services Contract with Vital Communications, Inc. in the Amount Not to Exceed $15,600.00

WHEREAS, there exists a need for professional services for the Township of Vernon for the purpose of Computer software and services for Tax Assessment/CAMA, Tax Collection and Internet Access including tax billing and customer support; and

WHEREAS, the Township has determined that Vital Communications, Inc., the Township’s current contractor providing these services, is qualified to continue providing the Township with such services; and

WHEREAS, the Chief Financial Officer has certified that funds are available for this purpose subject to the adoption of the 2016 Municipal Budget; and

WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-1, et seq.) requires that the resolution authorizing these “Professional Services” without competitive bids must be publicly advertised; and

WHEREAS, Vernon desires to appoint Vital Communications, Inc., pursuant to a contract under the provisions of N.J.S.A. 19:44A-20.4 and/or N.J.S.A. 19:44A-20.5; and

WHEREAS, the Chief Financial Officer has certified that the value of the contract will not exceed $17,500.00; and

WHEREAS, the term of the contract will be from July 1, 2015 to June 30, 2016, with a total contract price not to exceed $15,600.00; and

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. The Township of Vernon is authorized to engage Vital Communications, Inc., for the purpose of Computer Services for Tax Assessment/CAMA, Tax Collection and Internet Access; and
  2. The Mayor and Township Clerk are hereby authorized and directed to execute a Professional Services Contract with Vital Communications, Inc., in an amount not to exceed $15,600.00.

This Professional Services Contract is awarded without competitive bidding (1) as a “Professional Service” under the provisions of the Local Public Contracts Law and/or (2) for the provision or performance of goods or services for the support or maintenance of proprietary computer hardware and software.

A copy of this Resolution shall be published in the New Jersey Herald by the Township Clerk as required by law within ten (10) days of its passage and a true copy of same and the Professional Services Contract shall be available for inspection in the office of the Township Clerk.

Resolution #15-113: Authorizing In Rem Foreclosure Proceedings (1997)

WHEREAS, the Township of Vernon holds Tax Sale Certificates more specifically set forth in the annexed Tax Foreclosure List, which pertain to property within Vernon Township; and

WHEREAS, the Council of the Township of Vernon has determined that said Tax Sale Certificates shall be foreclosed by summary proceedings In Rem.

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

That the Tax Certificates, as shown on the annexed Tax Foreclosure List, now held by the Township of Vernon, be foreclosed by summary process In Rem as described in N.J.S.A. 54:5-104.29 et seq., as amended, and Pursuant to the Rules of Civil Practice of the Superior Court of New Jersey.

TOWNSHIP OF VERNON TAX FORECLOSURE LIST
(Attachment to Resolution No. 15-113)

Certificate No.BlockLotAssessed toAmount to redeem as of 7/27/15
97/00373.0215Shea, James M & Anna$29,765.84
97/08973.1669Hillebrecht, Fred Wm & Fred E Sr$33,997.88
97/09173.1682Paterno, Joseph & Diann$33,042.62
97/09273.1683Paterno, Joseph & Diann$32,934.59
97/09373.1684Paterno, Joseph & Diann$32,934.59
97/09473.201.01 & 2Kerner c/o Barbara Toia$30,415.19
97/097100.086De Rose, Louis$42,211.28
97/098102.128Corcoran, James$15,496.23
97/103104.0222 & 23Ritam Investment Inc$50,085.05
97/104104.046Ferri, Anna$43,284.92
97/110156.029Sisco, Fred & Julia$21,093.53
97/111156.0211Sisco, Fred & Julie$28,923.77
97/1261911Seckler & Shepperd Inc$ 8,019.78
97/134204.1210Vail, Kevin & Patricia J$13,799.89
97/138268.025Allopenna, Angela$ 6,276.18
97/139269.061Gillen, Bernard & Virginia$34,095.16
97/140269.0611Brooks, Rudolph F & Shirley C$38,999.08
97/141269.1325Congregation Yetev Lev of Lakewood (T.S.C. Star Development Corp.)$39,760.15

Resolution #15-114: Authorizing In Rem Foreclosure Proceedings (1998)

WHEREAS, the Township of Vernon holds Tax Sale Certificates more specifically set forth in the annexed Tax Foreclosure List, which pertain to property within Vernon Township; and

WHEREAS, the Council of the Township of Vernon has determined that said Tax Sale Certificates shall be foreclosed by summary proceedings In Rem.

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

That the Tax Certificates, as shown on the annexed Tax Foreclosure List, now held by the Township of Vernon, be foreclosed by summary process In Rem as described in N.J.S.A. 54:5-104.29 et seq., as amended, and Pursuant to the Rules of Civil Practice of the Superior Court of New Jersey.

TOWNSHIP OF VERNON TAX FORECLOSURE LIST
(Attachment to Resolution No. 15-114 )

Certificate No.BlockLotAssessed toAmount to redeem as of 7/27/15
98-012542.044Brennan, Charles F & Margaret$36,843.04
98-012642.096Galeazza, Fausto & Josephine$14,895.53
98-012973.0214LaFalce, Pasquale & Ann$28,884.33
98-013173.0650Hennessy, Thomas F$30,830.84
98-013273.0734Costanza, Giusseppe & Marie$28,286.69
98-013473.141J F Hart (TSC-Gallucci, Michael & G Ethel)$31,860.26
98-013674.0114Storey, Walter Anthony$33,380.05
98-013874.0310Martin, Wm Est c/o Martin M$31,286.68
98-013974.0311Dedulin, Irene$31,286.68
98-014074.0319J F Hart (TSC-Gallucci, Michael & Georgette)$32,155.38
98-014274.095Storms, Louis W & Judith L$31,602.43
98-0143811.01Lorenz, Katherine D$35,061.83
98-014483.031Zanes, Delaney W N$35,617.80
98-014785.121Zanes, Delaney W$12,549.77
98-0153103.112Birnie, Marion c/o Warren Birnie, Ex$18,964.22
98-0154103.1113Conrad, John & Patricia$40,951.70
98/0200205.195 & 6-11J A F Properties, Inc$24,756.08
98/0202221.0319Sunrise Mtn Construction$14,858.42
98/0207260.1522.01Lewis, John E$30,040.06
98/02082651Hardyston-Del Gazio Partners LP$52,985.33
98-0209268.0234Homin, John F & Frances M$31,180.08
98-0210268.072 & 3-6Davies, Scott & Valerie$41,009.99
98-0212268.0713 & 14-17Davies, Scott & Valerie$40,603.62
98-0213268.0823Alboretti, Francesco & Andrea$32,637.35
98-0214268.141Bradshaw, W c/o Money Store$35,584.12
98/0216268.1725 & 24NJB Housing/Peter Gentile (TSC-Abrams, c/o Rev L Page,Highway Chur)$39,695.33
98/0217269.0222Roffe, C c/o Roffe, Reina$31,021.62
98/0219269.1323Wickens, Albert$36,486.81

Resolution #15-115: Authorizing In Rem Foreclosure Proceedings (1999)

WHEREAS, the Township of Vernon holds Tax Sale Certificates more specifically set forth in the annexed Tax Foreclosure List, which pertain to property within Vernon Township; and

WHEREAS, the Council of the Township of Vernon has determined that said Tax Sale Certificates shall be foreclosed by summary proceedings In Rem.

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

That the Tax Certificates, as shown on the annexed Tax Foreclosure List, now held by the Township of Vernon, be foreclosed by summary process In Rem as described in N.J.S.A. 54:5-104.29 et seq., as amended, and Pursuant to the Rules of Civil Practice of the Superior Court of New Jersey.

TOWNSHIP OF VERNON TAX FORECLOSURE LIST
(Attachment to Resolution No. 15-115 )

Certificate No.BlockLotAssessed toAmount to redeem as of 7/27/15
9900806132Salata, Louis Est c/o Ella Turs Adm$18,433.98
9908173.0746Guerrazzi, Joseph L & Catherine M$31,166.52
99008273.1211Gyori, Otto$33,429.21
99008374.078Leon, Otto & Winifred E c/o P Leon (TSC-Leon, Otto & Winifred E)$29,031.54
99008783.232Nikischer, Joseph & Arlene$33,067.37
990088102.027Kubicz, Stefan$13,623.81
990089102.185Platt, Joseph L & Phyllis G$13,623.41
990091103.0520Birnie, Warren J$24,810.66
990093103.2215Tanzillo, Joseph T & Frances$39,957.38
990094104.045Santopadre, Romano & Antonietta$36,751.80
990096124.1523 & 24-26Appold, George DR c/o JL Plotkin$21,774.72
990102154.1131 & 32-34Lenehan, Martin & Edward$26,493.19
990103154.1135 & 36-38Lenehan, Martin & Edward$26,798.97
990120200.21
Was 200.09
33
33 in 1993
Geswaldo, John & Maria$24,473.63
990121200.21
Was 200.09
34
34 in 1993
Geswaldo, John$24,881.27
990123205.169.01 & 10-14Haughey, John J$29,261.62
990124206.175 & 6-12Kohn, Jonathan & Theresa M$12,108.57
990132268.2523Squillante, Louis$31,666.22

Resolution #15-117: Chapter 159 Resolution Requesting Approval of Revenue and Appropriation Amending the 2015 Budget as a Revenue and Appropriation of $140,000.00

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 Vernon Township Municipal Utility Authority for $140,000.00 for the purchase of a sewer easement from the New York Susquehanna and Western Railway Corporation; and wishes to amend its 2015 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 2015 in the sum of $140,000.00 which is now available as a revenue from the Vernon Township Municipal Utility Authority;

BE IT FURTHER RESOLVED that a like sum of $140,000.00 is hereby appropriated under the caption Purchase of Sewer Easement.

Resolution #15-118: Authorizing the Use of the Municipal Lot for a Farmers Expo Hosted by the Vernon Chamber of Commerce as Well as Placement of Signs for the Event

WHEREAS, Vernon Chamber of Commerce has made an application to the zoning department for use of the upper municipal parking lot to host a farmers expo on August 15, 2015 from 11 a.m till 4 p.m.; and

WHEREAS, signs will be needed to advertise this event. Signs will be placed according to the list provided on the next page and be put up for a period of 30 days prior to the event; and

WHEREAS, The Township Zoning Officer has advised that pursuant to the Vernon Township code 330-180 the placement of signs requires the permission of the Vernon Township Council; and

WHEREAS, The Township Zoning Officer has advised that due to the property being owned by Vernon Township that the permission of the town council is required; and

WHEREAS, it is the recommendation of the Township Zoning Officer that the application and sign placement be approved.

NOW THEREFORE BE IT RESOLVED, by the Council of the Township of Vernon that the application for the Farmers Expo to be held on August 15, 2015 from 11:00 am to 4 pm be approved;

BE IT FURTHER RESOLVED, that the Vernon Chamber of Commerce is authorized to place signs in accordance with section 330-180 of the Township Code and this resolution.

Resolution #15-119: Resolution Authorizing Fireworks to Be Displayed on August 9, 2015, 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, Highland Lakes Country Club and Community Association has submitted an application to Vernon Township to conduct a fireworks display on August 9, 2015 with a rain date of August 15; and

WHEREAS, the proposed fireworks display will take place at Lakeside Drive East at 8:45 pm (dusk); and

WHEREAS, the Highland Lakes Country Club and Community Association has engaged in a contract with Garden State Fireworks, Inc., to perform the private 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 the Highland Lakes Country Club and Community Association on August 9, 2015, with a rain date of August 15, upon satisfaction of all statutory and departmental requirements.

Resolution #15-120: Resolution Authorizing the Application to the New Jersey Division of Highway Traffic Safety for a Seatbelt Enforcement Program, “2015 Drive Sober or Get Pulled Over Statewide Labor Day Crackdown”

WHEREAS, the Vernon Township Police Department wishes to apply for funding to the National Highway Traffic Safety Administration “2015 Drive Sober or Get Pulled Over Statewide Labor Day Crackdown” Grant; and

WHEREAS, the grant project consists of enforcement overtime campaign from August 21, 2015 through September 7, 2015 to raise awareness about the dangers of drinking and driving, to offer deterrence through enforcement , to arrest impaired drivers and to issue summonses for motor vehicle violations; and

WHEREAS, Vernon Township will initially incur the cost of the program, not to exceed $5,000.00 and then submit the necessary documentation to the Division of Highway Traffic Safety for total reimbursement.

NOW THEREFORE, BE IT RESOLVED, that Vernon Township declares its support for the “2015 Drive Sober or Get Pulled Over Statewide Labor Day Crackdown” Grant from August 21, 2014 - September 7, 2015 to increase awareness about the dangers of drinking and driving; and

BE IT FURTHER RESOLVED, by the Township Council of the Township of Vernon, County of Sussex, State of New Jersey, that the Mayor, Chief Finance Officer and Township Clerk are hereby authorized to execute and sign any and all documents in order to effectuate the receipt of the Grant monies between the Township of Vernon and the New Jersey Division of Highway Traffic Safety for the “2015 Drive Sober or Get Pulled Over Statewide Labor Day Crackdown” Grant.

Resolution #15-121: Resolution Athorizing Cancelling Taxes for Total Disabled Veteran (G. Nye)

WHEREAS, the Department Of Veterans Affairs on July 28, 2014 awarded Grant W Nye a 100% permanent and total disabled veteran; and

WHEREAS, as of said date the law exempts said property from taxation.

NOW, THEREFORE, BE IT RESOLVED, by the Council of the Township of Vernon that the Tax Collector is authorized to cancel the taxes for 2015 in the amount of $5,253.14 Re: Block 90.05 Lot 14 Location 13 Carnation St.

BE IT FURTHER RESOLVED, that a certified copy of this Resolution be forwarded to the Township Treasurer and Tax Collector.

Resolution #15-122: Resolution Authorizing Cancelling Taxes for Total Disabled Veteran (R. Villano)

WHEREAS, the DEPARTMENT OF VETERANS AFFAIRS on February 26, 2015 awarded Ralph R Villano a 100% permanent and total disabled veteran; and

WHEREAS, as of said date the law exempts said property from taxation.

NOW, THEREFORE, BE IT RESOLVED, by the Council of the Township of Vernon that the Tax Collector is authorized to cancel the taxes for 2015 in the amount of $5,434.79 Re: Block 180.01 Lot 3 Location 32 Edsall Dr.

BE IT FURTHER RESOLVED, that a certified copy of this Resolution be forwarded to the Township Treasurer and Tax Collector.

Resolution #15-123: Resolution Authorizing Cancelling Taxes for Total Disabled Veteran (R. Korek)

WHEREAS, the Department Of Veterans Affairs on October 15, 2014 awarded Robert E Korek a 100% permanent and total disabled veteran; and

WHEREAS, as of said date the law exempts said property from taxation.

NOW, THEREFORE, BE IT RESOLVED, by the Council of the Township of Vernon that the Tax Collector is authorized to cancel the taxes for 2015 in the amount of $7,129.30 Re: Block 280 Lot 13 Location 278 Rudetown Rd.

BE IT FURTHER RESOLVED, that a certified copy of this Resolution be forwarded to the Township Treasurer and Tax Collector.

Resolution #15-124: Resolution Authorizing Extension of 2015 Third Quarter Grace Period Due Date Only

WHEREAS, the 2015 TAX RATE has been certified to the Collector of Taxes late; and,

WHEREAS, the Collector of Taxes recommends that the 2015 third quarter grace period due date be extended to August 24,2015; after that date, interest will revert back to August 1st, 2015 and will be charged at the rate of 8% on the first $1,500.00 and 18% on any remaining balance above the $1,500.00.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Township of Vernon, County of Sussex, State of New Jersey, hereby authorized and direct the Township Collector of Taxes to extend the grace period for the 2015 third quarter ONLY to August 24, 2015.

Resolution #15-125: Resolution Authorizing Refunds for Total Disabled Veterans

WHEREAS, the State of New Jersey, Department of the Treasury, Division of Taxation has favorably awarded a Homestead Benefit Credit to the following 100% permanent and total disabled Veterans; and

WHEREAS, the law exempts said property from taxation; and

WHEREAS, such Homestead Benefit Credit has resulted in an overpayment of 2015 property taxes.

NOW, THEREFORE, BE IT RESOLVED, by the Council of the Township of Vernon that the Tax Collector is authorized to refund the 2015, 2nd quarter payments for the following:

BlockLotNameAmountLocation
833.07Heslin, Alma$485.7755 Lounsberry Hollow Rd
103.028Ukson, John D$450.5852 Cedar Tree Dr
124.0712Duffy, Kevin J$263.644 Grandview Rd
150.1644 & 45-49Scialla, Kathleen$395.61421 Glen Ridge Rd
18040Zgoda, Richard M$1050.0010 Van Barcom Ct
268.2611 & 12-13DeLuca-Knighton, Dane$369.3514 Orchard Dr
269.0370 & 71-72Siems, Joseph$297.2219 Evergreen Trl

BE IT FURTHER RESOLVED, that a certified copy of this Resolution be forwarded to the Township Treasurer and Tax Collector.

Resolution #15-126: Resolution Increasing the Bid Threshold

WHEREAS, pursuant to N.J.S.A. 40A:11-3, the State Treasurer has increased the minimum bid threshold from $36,000 to $40,000 for the execution of contracts without public bid by the Purchasing Agent when said contracts do not exceed $40,000 in aggregate for the contract year in those municipalities whose purchasing agents possess a Qualified Purchasing Agent (QPA) certificate awarded by the Division of Local Government Services; and

WHEREAS, as a result the new quote threshold for the above noted municipalities with a Qualified Purchasing Agent (QPA) is now $6,000 (15% of the $40,000 QPA bid threshold); and

WHEREAS, the Township has an appointed Qualified Purchasing Agent (QPA) as required under N.J.S.A. 40A:11-3 as same was appointed by Resolution 14-127 in accordance with N.J.S.A:40A:11-9; and

WHEREAS, the Township Council finds it is in the interest of efficiency and economy for the Township to increase the bid threshold and as a result the quote threshold pursuant to N.J.S.A. 40A:11-3.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Vernon, County of Sussex and State of New Jersey, pursuant to N.J.S.A. 40A:11-3, that its bid threshold be increased to $40,000.00 and as a result the quote threshold shall be increased to $6000.

BE IT FURTHER RESOLVED, that such contracts as may be awarded under this Resolution shall comply with all other applicable laws, including but not limited to, certification of funds by the Chief Financial Officer where required.

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

Resolution #15-127: Resolution Authorizing Sale of Surplus Property No Longer Needed for Public Use on an Online Auction Website

WHEREAS, the Township of Vernon has determines that the surplus property described on Schedule “A” attached hereto and incorporated herein is no longer needed for public use; and

WHEREAS, the Township of Vernon through this resolution gives notice of the intention to be public, pursuant to Local Finance Notice 2008-9, that the sale will be by means of an online auction at the following approved provider from August 6, 2015 and ending on Monday, August 10, 2015:

www.usgovbid.com

NOW THEREFORE BE IT RESOLVED, by the Township Council of the Township of Vernon, authorization is hereby given to sell the surplus property as indicated on Schedule “A” on an online auction; and

NOW THEREFORE BE IT FURTHER RESOLVED, pursuant to N.J.S.A. 40A:11-36 that formal public notification will be provided by the publication of a Legal Notice in the official newspaper, the New Jersey Herald, not less than 7 or more than 14 days prior to the scheduled auction.

This Resolution will take effect immediately according to law.

Resolution #15-128: Authorizing the Award of Contract for Construction of Department of Public Works Salt Dome

WHEREAS, there is a need for construction of a Salt Dome for use by the Vernon Township Department of Public Works for storage of road salt material;

WHEREAS, the Township has issued specifications and contract documents soliciting formal bids for the necessary work;

WHEREAS, the Township of Vernon opened one (1) bid for the proposed Salt Dome on Thursday July 23, 2015 at 10:00 a.m.; and

WHEREAS, one (1) bid was received and reviewed by the Township Engineer Cory Stoner for the specified bid requirements; and

WHEREAS, after review, the lowest bidder, DOME Corporation of North America fully met the bid requirements and is recommended to be awarded the contract for the base bid amount of $418,690.00; and

WHEREAS, the Chief Finance Officer has certified funds available for this purpose in Account #3095857, Ordinance#15-16.

NOW, THEREFORE BE IT RESOLVED by the Vernon Township Mayor and Council, County of Sussex, State of New Jersey to award the bid to DOME Corporation of North America in the amount of $418,690.00 for construction of a Salt Dome for use by the Vernon Township Department of Public Works.

This Resolution shall take effect immediately according to law.

Resolution #15-129: Resolution Authorizing Refund for Total Disabled Veteran (G. Nye)

WHEREAS, the Department Of Veterans Affairs on July 28, 2014 awarded Grant W Nye a 100% permanent and total disabled Veteran; and

WHEREAS, the law exempts said property from taxation.

NOW, THEREFORE, BE IT RESOLVED, by the Council of the Township of Vernon that the Tax Collector is authorized to refund the 2015, 1st quarter payment and Homestead Benefit Credit made in the amount of $1,539.74 to Grant W Nye.

BE IT FURTHER RESOLVED, that a certified copy of this Resolution be forwarded to the Township Treasurer and Tax Collector.

Resolution #15-130: Resolution Authorizing Refund for Total Disabled Veteran (R. Villano)

WHEREAS, the Department Of Veterans Affairs on February 26, 2015 awarded Ralph R Villano a 100% permanent and total disabled Veteran; and

WHEREAS, the law exempts said property from taxation.

NOW, THEREFORE, BE IT RESOLVED, by the Council of the Township of Vernon that the Tax Collector is authorized to refund the 2015, 2nd quarter payment and Homestead Benefit Credit made in the amount of $1,575.27 to Ralph R Villano.

BE IT FURTHER RESOLVED, that a certified copy of this Resolution be forwarded to the Township Treasurer and Tax Collector.

Resolution #15-131: Resolution Authorizing Cancelling Taxes for Township Owned Properties

WHEREAS, N.J.S.A.54:5-104.29 et. seq., In-Rem- Foreclosure, allowed the Township of Vernon to foreclose Tax Certificates which pertain to properties within Vernon Township and the Township of Vernon has acquired Final Judgment, In Rem Docket #F0114111, on June 8, 2015 to become tax exempt; and

WHEREAS, the Township of Vernon has acquired the annexed Tax Foreclosure List on June 8, 2015; and

WHEREAS, the Township of Vernon is claiming effective for the 2015 taxes, tax exempt.

NOW, THEREFORE, BE IT RESOLVED, by the Council of the Township of Vernon, County of Sussex, State of New Jersey, that they hereby authorize the Tax Collector to cancel the 2015 taxes in the amount set forth in the annexed Tax Foreclosure List as it is deemed necessary.

BE IT FURTHER RESOLVED, that a certified copy of the Resolution be forwarded to the Tax Collector and Township Auditor.

Resolution #15-132: Resolution Authorizing Cancelling Taxes for Total Disabled Veteran (F. Bsales)

WHEREAS, the Department Of Veterans Affairs on May 1, 2003 awarded Frank M Bsales a 100% permanent and total disabled veteran; and

WHEREAS, as of said date the law exempts said property from taxation.

NOW, THEREFORE, BE IT RESOLVED, by the Council of the Township of Vernon that the Tax Collector is authorized to cancel the taxes for 2015 in the amount of $6,132.40 Re: Block 204.06 Lot 3&4 Location 204 Mohican Road.

BE IT FURTHER RESOLVED, that a certified copy of this Resolution be forwarded to the Township Treasurer and Tax Collector.

Resolution #15-133: Resolution Authorizing Refund for Total Disabled Veteran (F. Bsales)

WHEREAS, the Department Of Veterans Affairs on May 1, 2003 awarded Frank M Bsales a 100% permanent and total disabled Veteran; and

WHEREAS, the law exempts said property from taxation.

NOW, THEREFORE, BE IT RESOLVED, by the Council of the Township of Vernon that the Tax Collector is authorized to refund the 2015, 1st quarter payment and Homestead Benefit Credit made in the amount of $2,822.29 to Frank M Bsales.

BE IT FURTHER RESOLVED, that a certified copy of this Resolution be forwarded to the Township Treasurer and Tax Collector.

Resolution #15-134: Resolution Authorizing Refund for NJ Housing & Mortgage Finance

WHEREAS, pursuant to N.J.S.A 55:14K-34, NJ Housing & Mortgage Finance is a Tax Exempt entity; and

WHEREAS, the law exempts said property owned by NJ Housing & Mortgage Finance from taxation.

NOW, THEREFORE, BE IT RESOLVED, by the Council of the Township of Vernon that the Tax Collector is authorized to refund the 2015, 1st quarter payment made in the amount of $977.79 to NJ Housing & Mortgage Finance.

BE IT FURTHER RESOLVED, that a certified copy of this Resolution be forwarded to the Township Treasurer and Tax Collector.

Resolution No. 15-135: Resolution of the Township Council of the Township of Vernon, County of Sussex, and State of New Jersey Approving Settlement of Pending OPRA Litigation

WHEREAS, on March 13, 2015, Plaintiff Shawn G. Hopkins (“Plaintiff”) filed a lawsuit bearing Docket Number SSX-L-128-15 against fifteen (15) municipalities in Sussex County, including the Township of Vernon (“Township”), their respective Records Custodians, and MicroSystems-NJ.com, LLC (“Microsystems”), the Township’s tax assessment software provider; and

WHEREAS, on March 13, 2015, the Plaintiff filed a companion lawsuit bearing Docket Number MRS-L-657-15 against twenty-three (23) additional municipalities in Morris County, their respective Records Custodians, and Microsystems; and

WHEREAS, the Plaintiff filed the aforesaid lawsuits pursuant to the Open Public Records Act, N.J.S.A. 47:1A-1.1 et seq. (“OPRA”) to obtain Computer-Assisted Mass Appraisal (“CAMA”) data in a specific file format as set forth in the Plaintiff’s Complaint; and

WHEREAS, at the initial case management conference, attorneys for the municipal defendants in Sussex and Morris Counties collectively negotiated with the Plaintiff and Microsystems to resolve all pending litigation including fees and expenses; and

WHEREAS, pursuant to the negotiated settlement between the parties, Microsystems shall provide the requested CAMA data to each of the municipal defendants for a one-time conversion fee of $50.00 so that same can be provided to the Plaintiff in the specific format requested; and

WHEREAS, as part of the settlement, Microsystems shall pay attorney’s fees to the Plaintiff in the amount of $5,000.00; and

WHEREAS, as part of the settlement, each municipal defendant shall pay attorney’s fees to the Plaintiff in the amount of $300.00; and

WHEREAS, as part of the settlement, Microsystems shall make the requested CAMA data available electronically to the municipal defendants in the future at no cost.

NOW, THEREFORE, BE IT RESOLVED by the Township Council that it does hereby authorize and approve a settlement in the above referenced matter consistent with the terms stated herein; and

BE IT FURTHER RESOLVED that the Municipal Attorney is authorized to execute a consent order on behalf of the Township and the Records Custodian for purposes of resolving said litigation.

Resolution #15-136: Resolution Authorizing In Rem Foreclosure Proceedings (2000)

WHEREAS, the Township of Vernon holds Tax Sale Certificates more specifically set forth in the annexed Tax Foreclosure List, which pertain to property within Vernon Township; and

WHEREAS, the Council of the Township of Vernon has determined that said Tax Sale Certificates shall be foreclosed by summary proceedings In Rem.

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

That the Tax Certificates, as shown on the annexed Tax Foreclosure List, now held by the Township of Vernon, be foreclosed by summary process In Rem as described in N.J.S.A. 54:5-104.29 et seq., as amended, and Pursuant to the Rules of Civil Practice of the Superior Court of New Jersey.

TOWNSHIP OF VERNON TAX FORECLOSURE LIST
(Attachment to Resolution No. 15-136)

Certificate No.BlockLotAssessed toAmount to redeem as of 7/27/15
00/09542.1010Cafasso, Lorenzo & Josephine$12,793.67
00/09873.1647Astor, Martin H Dr$ 6,200.96
00/099811.05Lorenz, Katherine D$31,018.29
00/101103.068 & 10Raago, Rein & Hilma$37,522.56
00/102103.1815Fabian, Bela & Maria$11,636.58
00/103103.229Conroy, Thomas P & Alice R$40,926.45
00/104103.2210Guzzo, Vito D & Louise M Apt 102$16,214.21
00/105103.2221Gyori, Otto$42,793.99
00/108104.063Mundaca Investment Corp$33,774.13
00/109151.148Greff, Mary Estate of$ 9,446.20
00/113158.0120Westdyk, Nicholas W$18,896.93
00/132268.1421Neumann, Wolfgang & Ilse$31,275.68
00/136268.235Coletta, Lawren et al.$33,021.30

Resolution #15-137: Authorizing In Rem Foreclosure Proceedings (2001)

WHEREAS, the Township of Vernon holds Tax Sale Certificates more specifically set forth in the annexed Tax Foreclosure List, which pertain to property within Vernon Township; and

WHEREAS, the Council of the Township of Vernon has determined that said Tax Sale Certificates shall be foreclosed by summary proceedings In Rem.

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

That the Tax Certificates, as shown on the annexed Tax Foreclosure List, now held by the Township of Vernon, be foreclosed by summary process In Rem as described in N.J.S.A. 54:5-104.29 et seq., as amended, and Pursuant to the Rules of Civil Practice of the Superior Court of New Jersey.

TOWNSHIP OF VERNON TAX FORECLOSURE LIST
(Attachment to Resolution No. 15-137 )

Certificate No.BlockLotAssessed toAmount to redeem as of 7/27/15
01/10273.011 & 2.01R & D Realty$33,170.18
01/10473.0735Fuchs, Clara A & Melissa C (TSC-Fuchs, Clara & Alois)$24,665.34
01/111102.118J F Hart, Inc (TSC-Bolski, Edward & Romuald Michalek)$34,001.88
01/112102.1220J F Hart, Inc (TSC-Tunkavige, Glenn R & Judith M)$38,769.53
01/115103.062Walsh, Patricia E$39,284.24
01/118103.2220Peluso, Paul & Deborah$33,380.68
01/121159.013 & 4Oak Dale Ent, Inc, Josephine Smith$12,887.22
01/144268.077 & 8-12Davies, Scott & Valerie$37,860.24
01/148268.165 & 6Star Dev Corp c/o Cong Yeter Lev$29,047.56
01/150268.182 & 1Star Dev Corp c/o Cong Yeter Lev$28,256.19
01/151268.1834 & 35 & 36Valenti, N c/o General Shoe Repair$37,250.93
01/152268.2113Rikowich, Alex$26,851.36
01/153269.025 & 7 & 9Miller Living Trust c/o Miller J & L$31,814.10

Resolution #15-138: Authorizing the Award of Contract for Construction Materials for the Proposed Police Impound Building

WHEREAS, there is a need for construction of a Police Impound Building for use by the Vernon Township Police Department;

WHEREAS, the Township has issued specifications and contract documents soliciting formal quotes for construction materials needed for the proposed Police Impound Building; and

WHEREAS, three (3) quotes were requested and two (2) were received and reviewed by the Township Engineer Cory Stoner for the specified requirements; and

WHEREAS, after review, the lowest quote received was submitted by DIY Pole Barns & Supplies and is recommended to be awarded the contract for the amount of $22,758.33; and

WHEREAS, the Chief Finance Officer has certified funds available for this purpose in Account #3095713, Ordinance#14-12.

NOW, THEREFORE BE IT RESOLVED by the Vernon Township Mayor and Council, County of Sussex, State of New Jersey to award the contract to DIY Pole Barns & Supplies in the amount of $22,758.33 for construction materials for the proposed Police Impound Building for use by the Vernon Township Police Department

This Resolution shall take effect immediately according to law.

Resolutions for Separate Vote

Council President Rizzuto gave a brief description of Resolution 15-116.

Council President Rizzuto asked for a motion to reconsider and approve Resolution #15-116.
Moved: Brian Lynch
Seconded: Dick Wetzel

Council Member Kadish questioned where the event was to be held. Council Member Lynch indicated it was Sammis Road.

A roll call vote was taken:
Ayes: Dan Kadish, Brian Lynch, Jean Murphy, Dick Wetzel w/comment, Patrick Rizzuto
Nays: None
Abstain: None

Motion carried to adopt resolution #15-116.

Council Member Wetzel stated that on advice of our attorney he was voting yes. Council President Rizzuto stated if the requirements had been met for the solicitors permit and they comply it should be approved.

Resolution #15-116: Approving a Solicitor’s Permit: Slomin’s

WHEREAS, Slomin’s, 28 Kennedy Blvd, Ste 900, East Brunswick, NJ 08816 has made application for a Solicitor’s Permit for the purposes of providing home security and heating oil; and

WHEREAS, upon receipt of the application for a Solicitors Permit, by Slomin’s and applicants: Mickel Belle, Hyun Ham, Romaro Flemming, Nicholas Pizetoski, James Whitfield, Michael Giordano, Daniel Velazquez and John Foxall, the Vernon Township Police Department investigated the applicant’s business responsibility and moral character and found same to be satisfactory and in good order for the protection of the public good; and the necessary application has been filed and all documentation is in order;

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Vernon that approval be granted for a Solicitor’s Permit for Slomin’s, applicants: Mickel Belle, Hyun Ham, Romaro Flemming, Nicholas Pizetoski, James Whitfield, Michael Giordano, Daniel Velazquez and John Foxall.

BE IT FURTHER RESOLVED that the Township Clerk is hereby authorized to issue a Solicitor’s Permit to the aforesaid applicant in accordance with Chapter 428 of the Code of the Township of Vernon.

Introduction/1st Reading of Ordinances

Council President Rizzuto read Ordinance #15-23 by title:

Ordinance #15-23: An Ordinance Amending Chapter 142 of the Code of the Township of Vernon Entitled “Alcoholic Beverages”

Council President Rizzuto asked for a motion to introduce Ordinance #15-23 with a public hearing to be held on August 10, 2015.
Moved: Brian Lynch
Seconded: Jean Murphy

A roll call vote was taken:
Ayes: Dan Kadish, Brian Lynch, Jean Murphy, Dick Wetzel, Patrick Rizzuto
Nays: None
Abstain: None

Motion carried to introduce Ordinance #15-23 with a public hearing to be held on August 10, 2015.

Public Hearing/2nd Reading of Ordinances

None

Council Comments

Council Member Wetzel stated he had no comments.

Council Member Lynch stated he had no comments.

Council Member Kadish indicated there would be a festival called Elemental Fusion from September 10-13 at the Rickey Farm. Council Member Kadish stated there would be 75 bands and 4 stages. Council Member Kadish wished Mr. Rickey much success with his event but expressed concern if there was an emergency with such a large number of people. Mayor Marotta indicated the taxes had been paid and the Township had received an application. Mayor Marotta noted he was already in discussion about same with the Chief of Police and Fire Marshal and would reach out to the Ambulance Squads. Council Member Wetzel also expressed concern, noting that he had gone to Cooperstown where there were 60,000 people at the baseball hall of fame; he indicated emergency plans were needed.

Council Member Murphy commented that on Route 515 in front of the Faline Building there was a “Shop Vernon” sign. Council Member Murphy indicated the windows of the building were broken and suggested moving the sign to a better location. Council Member Murphy indicated that at the last meeting she had discussed the salary ranges and that a resolution was not passed for 2014 and the Township Attorney was to look into same. Attorney Ursin stated he was not aware of what occurred in 2014 and unless directed by the Council he had not investigated 2014. Council Member Murphy stated that Attorney Ursin had indicated that for an increase a resolution should have been passed. Council Member Murphy stated that last year a resolution was not passed and expressed concern that this was procedurally deficient. Mayor Marotta stated the action taken in 2014, 2013, and 2012 was done on advice of Counsel. Mayor Marotta stated advice is given by the attorney and in some cases those attorney opinions need to be clarified by a judge. However, Mayor Marotta continued, nothing was done without the advice of Counsel. Council Member Murphy expressed concern that the law changed from year to year depending on who was the attorney. Township Attorney Ursin stated he had not reviewed the procedural history for 2014, if the Council would like him to make an inquiry he would do so. Council Member Murphy reiterated that items should not be handled differently because there is a different attorney. Council Member Murphy noted that the increase in 2014 given to the Township Administrator was not in the budget when it was passed. Council Member Murphy indicated that when it was said that the Council approved things; she begged to differ.

Council President Rizzuto had no comments.

Adjournment

There being no further items of business to be conducted on the agenda, a motion for Adjournment was made by Council Member Lynch, seconded by Council Member Wetzel with all members voting in favor.

The Regular Meeting of the Township Council of the Township of Vernon was adjourned at 8:20 p.m.

Respectfully submitted,
Lauren Kirkman, RMC, CMR
Municipal Clerk

Minutes approved: August 24, 2015