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

Minutes: March 12, 2012

The Regular Meeting of the Township Council of the Township of Vernon was convened at 7:30 p.m. on March 12, 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, and Dick Wetzel. Also present were Business Administrator Jerry Giaimis, and Township Attorney Kevin Kelly. Council President Brian Lynch and Mayor Vic Marotta were absent.

Acting Council President

Council Member Wetzel nominated Council Member Rizzuto to stand as Acting Council President for this meeting in the absence of Mr. Lynch. Council Member Dunn seconded the nomination. All were in favor.

Salute to the Flag

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

Mr. Rizzuto advised that Mayor Marotta would not be in attendance due to a family emergency.

Presentation

The Acting Council President and Council Member Dunn made a power-point presentation entitled “Redirection of the Growth of Vernon.” The presentation showed the growth of Vernon Township with patterns of the past and the future. Mr. Rizzuto noted that he moved to Vernon in 1968, and he spoke about his early experiences as well as the changes that have occurred over the years. Mr. Dunn spoke on facilitating the future of Vernon Township.

Public Comments

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

Doreen Edwards—Highland Lakes—asked if letters had gone out to those property owners to be connected to the sewers. Mr. Rizzuto advised that he would look into it and make a note on the website.

Tom McClachrie—spoke on the petition to repeal the salary ordinance, noting that Council could still rescind the ordinance and forego putting it on the ballot in November. He also noted that Council should make sure any new debt be put before the vote of the public. He suggested reducing permit fees and fines to 2008 amounts. He spoke about the revaluation of properties that was done in 2008, in that it was ill-timed. He would like the entire town to be reassessed across the board at decreased amounts, or a new revaluation. He noted that any pay increases should be the same for all employees.

Mr. Kelly clarified Mr. McClachrie’s first statement. He explained that the law does not allow the Council to rescind the salary ordinance—it must go on the November ballot.

Robert Oliver—asked how that was true since Vernon is a Faulkner town and under Faulkner law.

Mr. Kelly reiterated that the law does not allow for it. He noted that the appellate division has ruled on this very subject.

Mr. Oliver asked if the Council has a relationship with the Skylands P.A.C. who donated money to their campaigns.

Mr. Rizzuto advised that they had received donations from many groups, but that they had no other relationship with the Skylands people.

Gary Martinsen—thanked the Council for putting the resolutions on the website, though he did not like the format and asked that it be done the same as ordinances. He spoke about the concessions resolution listed on the agenda. He was concerned with having only one bidder, as well as that the resolution did not list a time frame.

Mr. Kadish asked about the time frame for the contract. Mr. Giaimis advised that it was for one year, with the option to extend for an additional year.

Mary Ellen Vichiconti—asked if the position of Mayor was ever voted by Council to be a full-time position. Mr. Rizzuto advised that this was set up as part of the new Administrative Code.

Doreen Edwards—asked Mr. Dunn about businesses interested in Vernon that he had spoken about during the presentation. Mr. Dunn advised that he could not explain specifics at this time.

Sally Rinker—noted that the statute for the salary ordinance that the Clerk and Attorney are following was not found in the Faulkner Act, which created all the confusion.

Mr. Kelly noted that the Appellate Division decided which statute applies in this ordinance. (Mr. Kelly advised which decision this was later in the meeting during Council Comments.)

Ms. Rinker asked about the concession issue and why it had to go out for bid. Mr. Giaimis noted that he got that determination on competitive contracting from the Division of Local Government Services in Trenton. Ms. Rinker asked Mr. Dunn about the businesses who paid for advertisements for three years through the Economic Development Advisory Committee at the time.

Mr. Oliver asked if the concession stand was put out for bid 18 months ago.

Mike Rubin—asked about the high school plans (as noted in the presentation) based on a dam providing power. He wondered where the dam had been planned. Mr. Rizzuto was not sure where they had planned to put it.

Closed to Public Comments

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

Moved: Eddie Dunn
Second: Daniel Kadish
All were in favor.

Mr. Giaimis noted that there was no Mayor’s Report at this time.

Approval of Minutes

February 16, 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
Nays: None
Absent: Brian Lynch
Minutes of 2/16/12 were approved.

February 27, 2012 Regular Meeting Minutes

Moved: Daniel Kadish
Second: Dick Wetzel

A roll call vote was taken:
Ayes: Eddie Dunn, Daniel Kadish, Patrick Rizzuto, Dick Wetzel
Nays: None
Absent: Brian Lynch
Minutes of 2/27/12 were approved.

Resolutions #12-59 through #12-69

Acting Council President Rizzuto gave a brief explanation of all resolutions.

Council Member Kadish asked to vote on Resolution #12-62 for the concessions separately.

The Acting Council President asked for a motion to approve Resolutions #12-59, 12-60, 12-61, and 12-63 through 12-69.

Moved: Daniel Kadish
Second: Eddie Dunn

A roll call vote was taken:
Ayes: Eddie Dunn, Daniel Kadish, Patrick Rizzuto, Dick Wetzel
Nays: None
Absent: Brian Lynch
Resolutions #12-59, 12-60, 12-61, and 12-63 through 12-69 were approved.

Resolution #12-59: Authorizing the Approval of Bills List

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

Disbursement
Journal
FundAmountMajor Vendor
#1CURRENT$879,919.82BD OF ED
#2CURRENT$1,048,883.93BD OF ED
#3CAPITAL$22,302.19 
#4P & Z$4,801.51 
#5GRANT$500.00 
#6OUTSIDE SERVICES$2,514.40 
#7OUTSIDE SERVICES$4,166.72 
#8OTHER TRUST$50.00 
#9SEWER CAPITAL$508.26 
#101ST PAY-MARCH$297,449.50 
  $2,261,096.33 

Resolution #12-60: Tax Overpayment—Refund—Tax Court Judgment 2009

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

WHEREAS, such judgments have resulted in overpayments of the 2009 taxes;

NOW, THEREFORE BE IT RESOLVED by the 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 the Tax Collector refund said overpayments of taxes on the following accounts:

BLOCKLOTNAMEAMOUNTLOCATION
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

Resolution #12-61: Tax Overpayment—Refund—Tax Court Judgment 2010

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

WHEREAS, such judgments has resulted in overpayments of the 2010 taxes;

NOW, THEREFORE BE IT RESOLVED by the 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 the Tax Collector refund said overpayments of taxes on the following accounts:

BLOCKLOTNAMEAMOUNTLOCATION
188.014 C0003Jeffrey & Darlyne Pieper/
Adam R Jones Esq.
$1,683.367-12 Maple Crescent
188.014 C0005Jeffrey & Darlyne Pieper/
Adam R Jones Esq.
$2,359.717-13 Maple Crescent

Resolution #12-63: Authorizing the Award of a Contract Renewal with Gold Type Business Machines for Its Info-Cop Data Sharing Service for the Township Police Department

WHEREAS, there is a need to renew a contract for data sharing services for the Township Police Department; and

WHEREAS, this service, called Info-Cop, provides Township police officers with the ability to access local, state and federal crime databases via wireless units in their vehicles; and

WHEREAS, the Police Chief recommends that a renewal contract for 2012 be awarded to Gold Type Business Machines, 351 Paterson Avenue, East Rutherford, NJ 07073, at the price of $3,150.00.

NOW, THEREFORE BE IT RESOLVED by the Vernon Township Mayor and Council, County of Sussex, State of New Jersey to award a contract renewal for 2012 to Gold Type Business Machines to provide data sharing services for the Township’s Police Department.

This Resolution shall take effect immediately according to law.

Resolution #12-64: Authorizing the Award of a Contract to Firefighter One to Train Members of the Township’s Fire Departments

WHEREAS, there is a need to train members of the Township’s Fire Departments in the areas of fire hazards, and engine and truck operations; and

WHEREAS, Firefighter One has the expertise to provide this service per the attached flyer; and

WHEREAS, the Fire Marshal recommends that a contract to conduct two seminars be awarded to Firefighter One, 26 Gail Court, Sparta, NJ 07871 at the price of $4,500.00.

NOW, THEREFORE BE IT RESOLVED by the Vernon Township Mayor and Council, County of Sussex, State of New Jersey to award a contract to Firefighter One to provide training for members of the Township’s Fire Departments.

This Resolution shall take effect immediately according to law.

Resolution #12-65: Limousine License for Car for Hire, Inc.

WHEREAS, John A. Barbero, 11 Apollo Drive, Highland Lakes, NJ 07422 d/b/a Car For Hire, Inc., has made application for a Limousine Operator’s License in the Township of Vernon and has submitted the required fee for said application; and

WHEREAS, the Vernon Township Police Department has certified that the limousines were inspected and passed all inspection requirements; and

WHEREAS, the Township Clerk has verified that all documentation and insurance information has been found to be in good order and in full compliance of state laws.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Vernon that a Limousine Operator’s License for John A. Barbero, 11 Apollo Drive, Highland Lakes, NJ 07422 d/b/a Car For Hire, Inc. is hereby approved; and

BE IT FURTHER RESOLVED that the Township Clerk is hereby authorized to issue a Limousine Operator’s License to John A. Barbero, 11 Apollo Drive, Highland Lakes, NJ 07422 d/b/a Car For Hire, Inc. in accordance with N.J.S.A. 48:16-13 et al.

Resolution #12-66: Authorizing the Award of a Contract for 2012 Between the Township of Vernon and Spatial Data Logic for Geologic Software Support in the Amount of $6,500.00

WHEREAS, there exists a need for Geologic Software Support for the Township of Vernon in the Planning & Zoning Department, Building Department, Administrative Offices, and the Assessor’s Office; and

WHEREAS, the Township had previously invested in software from Spatial Data Logic, Somerset, NJ, which is currently being used in the above mentioned departments for permitting, licensing, electronic maintenance of all inspection reports and transmission of monthly activity reports directly to the Department of Community Affairs; and

WHEREAS, Technical Customer Support and Upgrades of this system are needed to operate efficiently in these departments and Spatial Data Logic is the sole provider of these maintenance services to Vernon Township’s current system; and

WHEREAS, the cost estimate for the 2012 Technical Customer Support and upgrades to currently owned modules for the Township of Vernon is $6,500; and

WHEREAS, the Chief Financial Officer of the Township of Vernon, has determined and certified the funds of this agreement subject to the adoption of the 2012 Municipal Budget.

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 Spatial Data Logic for the purpose of Technical Customer Support and Upgrades to currently owned modules.
  2. The Mayor and Township Clerk are hereby authorized and directed to execute a Professional Services Contract with Spatial Data Logic, Somerset, NJ, for calendar year 2012.

Resolution #12-67: Authorizing the Execution of an Interlocal Service Agreement Between the Township of Vernon and the Borough of Sussex to Provide the Services of a Qualified Purchasing Agent for 2012

WHEREAS, the Township of Vernon and the Borough of Sussex wish to enter into an Interlocal agreement to provide the services of a Qualified Purchasing Agent for the year 2012; and

WHEREAS, the Township of Vernon agrees to provide a Qualified Purchasing Agent pursuant to N.J.S.A. 40A:11 et seq. and those purchasing services as per the attached Interlocal Service Agreement; and

WHEREAS, the term of the agreement will be from March 1, 2012, through December 31, 2012; and

WHEREAS, the Township of Vernon will provide 108 hours over the 10 month period and the Borough of Sussex agrees to compensate the Township of Vernon at a sum of $3,333 payable semi-annually on July 31, 2012, and December 31, 2012. Any additional hours over the 108 will be paid at the rate of $30 per hour.

NOW, THEREFORE BE IT RESOLVED by the Council of the Township of Vernon of the County of Sussex, State of New Jersey, that the Mayor is authorized to execute the Interlocal agreement between the Township of Vernon and the Borough of Sussex to provide the services of a Qualified Purchasing Agent for the year 2012 as per the attached Interlocal Agreement; and

BE IT FURTHER RESOLVED that certified copies of this Resolution shall be forwarded to the Mayor and Clerk of the Borough of Sussex, as well as the Vernon Township Purchasing and Finance Departments.

Resolution #12-68: Authorizing the Award of Contract for Professional Services

WHEREAS, there is a need for Professional Services to the Township of Vernon for updating the tax maps, and assisting the Assessor with Tax Appeals and Added Assessments; 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 authorized by law to practice a recognized profession, and whose practice is regulated by law within the meaning of N.J.S.A. 40A:11-1 et seq., as amended; and

WHEREAS, the performance of said professional services requires knowledge of an advanced field of learning acquired by a prolonged formal course of specialized training and study as distinguished from general academic instruction or apprenticeship and training; and

WHEREAS, the Township of Vernon is desirous to enter into an agreement with these professionals 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 in writing that the value of the contracts are available for these purposes subject to the adoption of the 2012 Municipal Budget; and

WHEREAS, the Local Public Contracts Law N.J.S.A. 40A:11-1 et seq., as amended, requires that this Resolution be publicly advertised.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Township of Vernon that they hereby authorize and approve the award of contracts of a Professional Service Contract pursuant to the provisions of the Local Public Contracts Law, N.J.S.A. 40A:20-1 et seq. to provide Services in accordance with the attached Contracts for Professional Services pursuant to a non-fair and open contract to the following:

  1. VS Land Data, Inc.—Update Tax Maps
  2. Certified Valuations, Inc.—Assist the Assessor with Tax Appeals and Added Assessments

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; and
  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
  3. New Jersey Business Registration Certificate; and
  4. Upon the aforementioned professional being a member in good standing in their respective profession.

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

Resolution #12-69: Authorizing Acceptance of the Municipal Building HVAC Mechanical Repairs and Upgrades

WHEREAS, the Township Council awarded the base contract for upgrades to the HVAC System in the Municipal Building on April 28, 2011 per Resolution #11-81 to Envirocon, LLC in the amount of $238,700.00; and

WHEREAS, the Township Council further awarded the additional alternative bid for the HVAC Boiler Replacement per Resolution #11-165 to Envirocon, LLC on August 8, 2011 in the amount $160,000.00; and

WHEREAS, the Township Council approved Change Order #1 for the Municipal Building HVAC System Mechanical Upgrade Phase II per Resolution #11-195 on October 13, 2011 in the amount $1,860.38; and

WHEREAS, in a memo dated February 29, 2012, the Township Engineer states that the above referenced project has been completed with all but two outstanding punch list items including the adjustment of the Glycol levels in the system and the repair of Chiller #3 which could be addressed during the one-year maintenance guarantee secured by the contractor once the project is formally accepted by the Council; and

WHEREAS, the Township Engineer hereby recommends that the project be accepted by the Township Council and confirms the outstanding items will be addressed during the one-year maintenance guarantee secured by the contractor.

NOW THEREFORE BE IT RESOLVED, the Council of the Township of Vernon hereby approves the Township Engineer’s recommendations and authorizes acceptance of the Municipal Building HVAC project as complete and directs the Township Engineer to proceed with the final paperwork including the maintenance bond of 5% of the final contract price, $20,028.02, the Subcontractor’s Material Supplier Certification and any outstanding payroll certifications.

BE IT FURTHER RESOLVED, that certified copies of this Resolution be forwarded to Envirocon, LLC. and the Township Engineer.

The Acting Council President asked for a motion to approve Resolution #12-62.
Moved: Eddie Dunn
Second: Dick Wetzel

Council Member Kadish suggested that there had not been enough time to get more bids in. He also noted that the various sports groups use the concession stand to raise funds.

Council Member Wetzel asked about other groups use of the stand.

Council Member Rizzuto noted that the bids were done properly.

Mr. Giaimis advised that there were many interested parties who inquired about the bid requirements, but did not submit bids. He also explained the other bidding questions raised by vendors (such as there being no cooking hoods, etc.).

Mr. Rizzuto expressed concern with the potential fall-out if the competitive contracting procedures that were followed were to be ignored.

Resolution #12-62: Authorizing the Award of a Contract for a Concession License at Maple Grange Park and Veterans’ Park

A roll call vote was taken:
Ayes: Eddie Dunn, Patrick Rizzuto
Nays: Daniel Kadish, Dick Wetzel
Absent: Brian Lynch
Resolution #12-62 ended in a tie vote. The resolution failed.

Ordinances

2nd Reading and Public Hearing on Ordinance #12-02 by Title Only

The Acting Council President asked for a motion to adopt Ordinance #12-02 on 2nd reading.
Motion: Dick Wetzel
Second: Daniel Kadish

Open to Public Comment on Ordinance #12-02

No one wished to comment.

Closed to Public Comment on Ordinance #12-02

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

Vote on Ordinance #12-02

A roll call vote was taken:
Ayes: Eddie Dunn, Daniel Kadish, Patrick Rizzuto, Dick Wetzel
Nays: None
Absent: Brian Lynch
Ordinance #12-02 was adopted on 2nd reading.

Ordinance #12-02: 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 Block 103.20 Lot 12


2nd Reading and Public Hearing on Ordinance #12-03 by Title Only

The Acting Council President asked for a motion to approve Ordinance #12-03 on 2nd reading.
Motion: Dick Wetzel
Second: Eddie Dunn

Open to Public Comment on Ordinance #12-03

Mike Rubin—asked what the ordinance was about.

Acting Council President Rizzuto explained that this was moving the Fire Prevention office from Public Safety to General Administration.

Tom McClachrie—asked if the new Administrative Code could be put on the website.

Closed to Public Comment on Ordinance #12-03

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

Vote on Ordinance #12-03

A roll call vote was taken:
Ayes: Eddie Dunn, Daniel Kadish, Patrick Rizzuto, Dick Wetzel
Nays: None
Absent: Brian Lynch
Ordinance #12-03 was adopted on 2nd reading.

Ordinance #12-03: An ordinance of the Township of Vernon, County of Sussex, State of New Jersey, amending the code of the Township of Vernon

Council Business

Council Member Dunn addressed comments from Ms. Rinker. He was looking into videos with the businesses, and was willing to work with her on it. Ms. Rinker agreed.

Council Member Kadish gave the floor to Mr. Kelly on the Appellate ruling information.

Mr. Kelly advised the following information:

The applicability of N.J.S.A. 40A:9-165 was settled by the Appellate Division in City of Ocean City vs. Sommerville, 403 N.J.Super. 345 (App. Div. 2008), which held that this statute “preempts the Faulkner Act’s general referendum provision of N.J.S.A. 40:69A-185” City of Ocean City, supra. 403 N.J.Super. at 369-370.

Acting Council President Rizzuto noted that the question about the salary ordinance would be on the ballot in November, and that he was not troubled by the ballot question. He noted, however, that he was troubled that while the Vernon Taxpayers Association wants to have a referendum for any expenditure over $500,000, Mr. McClachrie’s voice rang hollow when he chose not to raise his voice and that of the V.T.A.’s in opposition to the Board of Education’s decision to move the Board election to November; thereby disenfranchising the public by not allowing them to vote on a $72,000,000 budget and a $40,000,000 tax levy.

Council Member Dunn offered to discuss the 10% reduction amount with Mr. McClachrie and how he arrived at these numbers.

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 Kadish, with all members 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, CMR
Municipal Clerk

Minutes approved: March 26, 2012