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

Minutes: May 14, 2018

The Regular Meeting of the Township Council of the Township of Vernon was convened at 6:00 p.m. on May 14, 2018 in the Vernon Municipal Center, 21 Church Street, Vernon, New Jersey with Council President Jean Murphy presiding.

Statement of Compliance

Adequate notice of this meeting had been provided to the public and the press on January 5, 2018 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

Present were Council Members Sandra Ooms, Mark Van Tassel, John Auberger and Council President Murphy and Township Attorney Marlin Townes. Council Member Kadish joined Executive Session at 6:03 pm.

Executive Session

Attorney Townes read the Resolution for the Council to enter Executive Session

Resolution to Go into Executive Session

WHEREAS, the Open Public Meetings Act, N.J.S.A. 10:4-6 permits the exclusion of the public in certain circumstances; and

WHEREAS, this public body is of the opinion that such circumstances presently exist;

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Vernon as follows:

1. The public shall be excluded from discussion of and action upon the hereinafter specified subject matter.

2. The general nature of the subject matters to be discussed are:

a. Property Acquisition (N.J.S.A.10:4-12 (b) 5) (Anticipated Time of Disclosure December 2018)

3. This resolution shall take effect immediately.

Council President Murphy asked for a motion to go into Executive Session at 6:01 p.m.
Moved: John Auberger
Second: Mark Van Tassel
All members were in favor.
Motion carried to enter Executive Session.

Council President Murphy asked for a motion to close Executive Session and commence the Regular meeting at 7:00 p.m.
Moved: John Auberger
Second: Dan Kadish
All members of the Council were in favor.

The meeting of the Township Council of the Township of Vernon was convened at 7:00 p.m. on Monday May 14, 2018 in the Vernon Municipal Center, 21 Church Street, Vernon, New Jersey with Council President Jean Murphy presiding.

Statement of Compliance

Adequate notice of this meeting has been provided to the public and the press on January 5, 2018 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 Sandra Ooms, Dan Kadish, John Auberger, Mark Van Tassel, and Council President Jean Murphy, Mayor Harry Shortway, CFO Elke Yetter, Administrator Charles Voelker, Township Attorney Marlin Townes.

Salute to the Flag

Council Member Murphy led the assemblage in the salute of the flag.

Moment of Silence

Council President asked for a Moment of Silence for Tony Alexander, a DPW Supervisor employed by Vernon Township for 17 years who unexpectedly passed away in a motorcycle accident last week.

Proclamations

National Public Works Week

Council President requested employees of the Vernon Township Public Works Department to come forward and Mayor Shortway read the Proclamation for National Public Works Week.

WHEREAS, public works services provided in our community are an integral part of our citizens’ everyday lives; and

WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as streets & roadways, parks, sewers, recycling, and public facilities; and

WHEREAS, the health, safety, and comfort of this community greatly depends on these facilities and services; and

WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and construction is vitally dependent upon the efforts and skill of public works officials; and

WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works departments is materially influenced by the people’s attitude and understanding of the importance of the work they perform.

NOW, THEREFORE, I, Harry J. Shortway, Mayor of the Township of Vernon do hereby proclaim the week of May 20 through May 26, 2018 as “NATIONAL PUBLIC WORKS WEEK” in the Township of Vernon, and I call upon all citizens and civic organizations to acquaint themselves with the issues involved in providing our public works and to recognize the contributions which public works officials make every day to our health, safety, comfort, and quality of life.

Buddy Poppy Month

Council Member Ooms read the Proclamation for Buddy Poppy Month.

WHEREAS: The annual distribution of Buddy Poppies by the Veterans of Foreign Wars of the United States has been officially recognized and endorsed by governmental leaders since 1922; and

WHEREAS: Buddy Poppies are assembled by disabled veterans, and the proceeds of this worthy fund-raising campaign are used exclusively for the benefit of disabled and needy veterans, and the widows and orphans of deceased veterans; and

WHEREAS, the purpose of the sale of Buddy Poppies by the Veterans of Foreign Wars is eloquently reflected in the desire to “honor the dead by helping the living.” The 2018 Buddy Poppy Drive is being held during the month of May; and

WHEREAS, The Wallkill Valley VFW 8441 and its Ladies Auxiliary promote the sale of the Buddy Poppy throughout the Township; and

WHEREAS, We urge all patriotic citizens to wear a Buddy Poppy as a symbol of gratitude to the men and women of this country who have risked their lives in defense of the freedoms which we continue to enjoy as American citizens.

NOW, THEREFORE, I, Council President Jean Murphy, Mayor Shortway and the Vernon Township Council do hereby proclaim that May 2018 is Buddy Poppy Month in Vernon Township. We hereby urge the citizens of this community to recognize the merits of this cause by contributing generously to this invaluable program.

Given under my hand in these free United States in the Township of Vernon, State of New Jersey on this 14th day of May, two thousand eighteen, and to which I have caused the Seal of the Township of Vernon to be affixed and have made this proclamation public.

Memorial Day 2018

Council President Murphy read the Proclamation for Memorial Day.

WHEREAS, Memorial Day, originally called Decoration Day, is a day of remembrance for those who have died in service of the United States of America; and

WHEREAS, while it’s difficult to prove conclusively the origins of Memorial Day, President Lyndon Johnson in May 1966, proclaimed that Waterloo, NY was officially the birthplace of Memorial Day; and

WHEREAS, regardless of the exact date or location of its origins, one thing is clear - Memorial Day was borne out of the Civil War and a desire to honor our dead. It was officially proclaimed on 5 May 1868 by General John Logan, national commander of the Grand Army of the Republic, in his General Order No. 11. “The 30th of May, 1868, is designated for the purpose of strewing with flowers, or otherwise decorating the graves of comrades who died in defense of their country during the late rebellion, and whose bodies now lie in almost every city, village and hamlet churchyard in the land,” he proclaimed; and

WHEREAS, on the first Decoration Day, at Arlington National Cemetery, 5,000 participants decorated the graves of the 20,000 Union and Confederate soldiers buried there; and

WHEREAS, after World War I the holiday changed from honoring just those who died fighting in the Civil War to honoring Americans who died fighting in any war; and

WHEREAS, it is now observed in almost every state on the last Monday in May with Congressional passage of the National Holiday Act of 1971.

NOW, THEREFORE, I, Council President Jean Murphy, Mayor Shortway and the Vernon Township Council do hereby honor our service men and women, from every branch of the service, who have served in all the nation’s wars for their enduring dedication to the preservation of America and our way of life. Given under my hand in these free United States in the Township of Vernon, State of New Jersey on this 14th day of May, two thousand eighteen, and to which I have caused the Seal of the Township of Vernon to be affixed and have made this proclamation public.

Public Comments (On Current Agenda Items Only)

Council President Murphy asked for a motion to open the meeting to public comments.
Moved: John Auberger
Second: Dan Kadish
All members voted in favor.

Seeing no members of the public wishing to come forward, Council President Murphy asked for a motion to close the meeting to public comments.
Moved: John Auberger
Second: Mark Van Tassel
All members voted in favor.

Minutes

Council President Murphy asked for a motion to approve the Regular Meeting Minutes of April 9, 2018 and the Executive and Regular Meeting Minutes of April 23, 2018.
Moved: John Auberger
Second: Dan Kadish

A roll call vote was taken:
Ayes: Sandra Ooms, Dan Kadish, John Auberger, Mark Van Tassel, Jean Murphy
Nays: None
Abstain: None
Absent: None

Motion carried to approve the Executive and Regular Meeting Minutes of Regular Meeting Minutes of April 9, 2018 and the Executive and Regular Meeting Minutes of April 23, 2018.

Consent Agenda

Council President Murphy gave a brief explanation of Resolutions #18-139 to #18-153.

Council President Murphy asked for a motion to approve Resolutions #18-139 to #18-153.
Moved: Dan Kadish
Second: Mark VanTassel

A roll call vote was taken:
Ayes: Sandra Ooms, Dan Kadish, John Auberger*, Mark Van Tassel, Jean Murphy
* Council Member Auberger abstained on Resolutions #18-140, 18-141 and 18-151
Nays: None
Abstain: John Auberger from Resolution #18-140, 18-141 and 18-151.
Absent: None
Motion carried to approve Resolutions #18-139 to #18-153.

Resolution #18-139: Authorizing Issuance of Estimated Property Tax Bills

WHEREAS, the Mayor and Council of the Township of Vernon finds and declares that Township financial officials have determined that there could be insufficient cash flow to support operations in late July, 2018 unless third quarter revenue is received on time; and

WHEREAS, the Mayor and Council further finds and declares that Tax Collector Lisa A. Kimkowski and the Chief Financial Officer, Elke Yetter, have reviewed and computed an estimated tax levy in accordance with N.J.S.A. 54:4-66.3 and is recommending authorization to issue property tax bills based upon this estimated tax levy;

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Vernon as follows:

  1. That Vernon Township Tax Collector, Lisa A. Kimkowski, is hereby authorized and directed to prepare and issue estimated tax bills for the Township of Vernon for the third quarter of 2018, in accordance with the provisions of N.J.S.A. 54:4-66-2;
  2. That the entire estimated tax levy for CY2018 is hereby set at $70,465,790.33; and
  3. That Vernon Township Tax Collector, Lisa A. Kimkowski, is hereby authorized to undertake any and all addition steps deemed necessary and appropriate to immediately implement the substance of this Resolution.

Resolution #18-140: Approving a Charitable Solicitor’s Permit: Pochuck Valley Fire Department

WHEREAS, Pochuck Valley Fire Department, 13 Lake Wallkill Road, Sussex, NJ 07461, has made application for a Charitable Roadside Solicitor’s Permit for the purposes of soliciting funds on May 26, 2018, June 30, 2018 and September 1, 2018 at the intersection of and along Route 565 and Route 667; and

WHEREAS, in accordance with Ordinance 18-12, the Vernon Township Police Department has reviewed the necessary application found that 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 Charitable Roadside Solicitor’s Permit for Pochuck Valley Fire Department, 13 Lake Wallkill Road, Sussex, NJ 07461 on May 26, 2018, June 30, 2018 and September 1, 2018 at the intersection of and along Route 565 and Route 667 as depicted on the attached map, subject to the approval of the County of Sussex.

BE IT FURTHER RESOLVED that the Township Clerk is hereby authorized to issue a Charitable Roadside Solicitor’s Permit to the aforesaid applicant in accordance with Chapter 428 of the Code of the Township of Vernon upon receipt of the approval from the County of Sussex.

Resolution #18-141: Approving a Charitable Solicitor’s Permit: VFW 8441

WHEREAS, VFW 8441, PO Box 414, Vernon, NJ 07462, has made application for a Charitable Roadside Solicitor’s Permit for the purposes of soliciting funds on May 26-28, 2018, September 2, 2018, October 14, 2018 and November 11, 2018 at the intersection of and along Route 515 and State Highway 94; and

WHEREAS, in accordance with Ordinance 18-12, the Vernon Township Police Department has reviewed the necessary application found that 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 Charitable Roadside Solicitor’s Permit for VFW 8441, PO Box 414, Vernon, NJ 07462 on May 26-28, 2018, September 2, 2018, October 14, 2018 and November 11, 2018 at the intersection of and along Route 515 and State Highway 94 as depicted on the attached map, subject to the approval of the County of Sussex and State of New Jersey as needed.

BE IT FURTHER RESOLVED that the Township Clerk is hereby authorized to issue a Charitable Roadside Solicitor’s Permit to the aforesaid applicant in accordance with Chapter 428 of the Code of the Township of Vernon upon receipt of the approval from the County of Sussex.

Resolution #18-142: Authorizing the Use of National Joint Powers Alliance, Cooperative

WHEREAS, N.J.S.A. 52:34-6.2 authorizes contracting units, including the Township of Vernon, to make purchases and contract for services through the use of nationally recognized and accepted cooperative purchasing agreements that have been developed utilizing a competitive bidding process by another contracting unit within the State of New Jersey or within any other state; and

WHEREAS, the Township of Vernon has determined that the use of cooperative purchasing agreements may result in significant cost savings and is desirous of joining and participating in a national cooperative called the National Joint Powers Alliance (“NJPA”); and

WHEREAS, NJPA is established as a public agency and serves agencies across the United States and Canada as a municipal contracting agency; and

WHEREAS, NJPA operates under the enabling authority of Minnesota Statute 123A.21; and

WHEREAS, the Township of Vernon desires to become a member of the NJPA for the purposes of purchasing goods and or services through a procurement process that is more efficient and provides a cost savings to the Town;

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Vernon, being the governing body thereof, that the Township of Vernon be and hereby is authorized to join and become a member of the National Joint Powers Alliance; and

BE IT FURTHER RESOLVED that the Mayor be and hereby is authorized to execute any agreement and the Clerk is authorized to attest to the signature of the Mayor on any agreement signed in connection with joining and participating in the National Joint Powers Alliance; and

BE IT FURTHER RESOLVED that the Township of Vernon shall be responsible for ensuring that all goods and/or services procured through the National Joint Powers Alliance comply with all laws of the State of New Jersey Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq., and all other provisions of the revised statutes of the State of New Jersey.

Resolution #18-143: Authorizing Contracts with Certain Approved State Contract Vendors (Animal Control Van)

WHEREAS, the Township of Vernon may by resolution, and without advertising for bids or obtaining quotations, purchase any goods or services under the State Contract; and

WHEREAS, the Township has the need on a timely basis to purchase goods and services utilizing State contracts; and

WHEREAS, the Township intends to enter into contracts with Mall Chevrolet through State Contract A88213 applicable to all the conditions to current State contracts.

NOW THEREFORE BE IT RESOLVED, that the Township Council of the Township of Vernon, authorizes the Qualified Purchasing Agent to purchase certain goods and services from Mall Chevrolet Inc. of Cherry Hill, New Jersey through Sate Contract A88213, pursuant to all conditions of the individual State contracts; and

BE IT FURTHER RESOLVED, that the governing body of Vernon Township pursuant to NJAC 5:30-5.5(b) (the certification of available funds), states that the Chief Finance Officer shall either certify the full maximum amount against the budget at the time the contract is awarded, or no contract amount shall be chargeable or certified until such time as the goods or services are ordered or otherwise called for prior to placing the order, and a certification of availability of funds is made by the Chief Finance Officer.

Resolution #18-144: Resolution Authorizing Purchase of Mower Equipment through National Joint Powers Alliance Contract 052417 through Storr Tractor Supply (Mower Head)

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

WHEREAS, in accordance with the requirements of the Local Public Contract Law P.L. 2011, C.139 (the “Law” or “Chapter 139” and N.J.S.A.52:34-6.2 the regulations promulgated there under in Local Finance Notice LFN 2012-10, the following purchase without competitive bids from vendor with a National Cooperative Contract is hereby approved for municipalities, and;

WHEREAS, the Township of Vernon has the need to procure certain flail head mower equipment in accord with the Local Publics Contract Law N.J.S.A. 40A:11-1 et seq., and;

WHEREAS, the Township of Vernon has previously acted in accord with New Jersey public procurement statutes and regulations as promulgated by formally joining a recognized and compliant national cooperative, being the National Joint Powers Alliance, and;

WHEREAS, the regulations as set forth within Local Finance Notice LFN 2012-10 have been fully complied with, and;

WHEREAS, the equipment and corresponding National Joint Powers Alliance contract is Alamo 052417; and

WHEREAS, the cost savings determination as required under LFN 2012-10 is $438.08; and

WHEREAS, the quotes for the flail head mower parts from Storr Tractor Supply through the NJPA contract is $8,991.70, parts and shipping;

NOW THEREFORE BE IT RESOLVED THAT, the Business Administrator is hereby directed to effectuate the purchase of herein approved equipment for the approved cost of $8,991.70.

Resolution #18-145: Authorizing Contracts with Certain Approved State Contract Vendors Cherry Hill Winner Ford—Interceptor

WHEREAS, as provided for within the New Jersey Local Publics Contract Law (N.J.S.A.40A:11-1 et seq.,) the Township of Vernon may by resolution, and without advertising for bids or obtaining quotations, purchase any goods or services under the State Contract; and

WHEREAS, the Township has the need on a timely basis to purchase goods and services utilizing State contracts for its departments, including the police department; and

WHEREAS, the Township Police Department intends to enter into contracts with Cherry Hill Winner Ford through State Contract A88728 applicable to all the conditions to current State contracts.

NOW THEREFORE BE IT RESOLVED, that the Township Council of the Township of Vernon, authorizes the Qualified Purchasing Agent to purchase certain goods and services from Cherry Hill Winner Ford, New Jersey through Sate Contract A88728, pursuant to all conditions of the individual State contracts; and

BE IT FURTHER RESOLVED, that the governing body of Vernon Township pursuant to NJAC 5:30-5.5(b) (the certification of available funds), states that the Chief Finance Officer shall either certify the full maximum amount against the budget at the time the contract is awarded, or no contract amount shall be chargeable or certified until such time as the goods or services are ordered or otherwise called for prior to placing the order, and a certification of availability of funds is made by the Chief Finance Officer.

Resolution #18-146: Resolution Authorizing Purchase of 2019 Ford 550 through Morris County Cooperative Pricing Council Contract 15-C through Ditschman/Flemington Ford Lincoln

WHEREAS, the Township of Vernon may by resolution, and without advertising for bids or obtaining quotations, purchase any goods or services under the Morris County Cooperative Pricing Council; and

WHEREAS, the Township has the need on a timely basis to purchase goods and services utilizing the Morris County Cooperative Pricing Council, duly authorized under law to extend contract pricing to local units, per N.J.A.C. 5:34-7 et seq.; and

WHEREAS, the Township intends to enter into contract for procurement of a Ford F550 Regular Cab 4x4 through Ditschman/ Flemington Ford Lincoln, authorized under Morris County Cooperative Pricing Council Contract 15C Item #17 November 1, 2017 through October 31, 2018 in the amount of $37,960.25; and

NOW THEREFORE BE IT RESOLVED, that the Township Council of the Township of Vernon, authorizes the Qualified Purchasing Agent to purchase certain goods and services from the approved Morris County Cooperative Pricing Council Contract 15C pursuant to all conditions of the individual cooperative contracts for a Ford F550 in the amount of $37,960.25, through Ditschman/ Flemington Ford Lincoln; and

BE IT FURTHER RESOLVED, that the governing body of Vernon Township pursuant to NJAC 5:30-5.5(b) (the certification of available funds), states that the Chief Finance Officer shall either certify the full maximum amount against the budget at the time the contract is awarded, or no contract amount shall be chargeable or certified until such time as the goods or services are ordered or otherwise called for prior to placing the order, and a certification of availability of funds is made by the Chief Finance Officer.

Resolution #18-147: Resolution Authorizing Purchase of Truck Equipment through National Joint Powers Alliance Contract 080114-HPI through Henderson Products Inc.

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

WHEREAS, in accordance with the requirements of the Local Public Contract Law P.L. 2011, C.139 (the “Law” or “Chapter 139” and N.J.S.A.52:34-6.2) the regulations promulgated thereunder in Local Finance Notice LFN 2012-10, the following purchase without competitive bids from vendor with a National Cooperative Contract is hereby approved for municipalities, and;

WHEREAS, the Township of Vernon has the need to procure certain large truck equipment for Ford F550, that equipment being:

  1. Mark III Utility sized single axle dump body
  2. TGS salt/ sand spreader
  3. Other electrical and chassis options per awarded contract in accord with the Local Publics Contract Law N.J.S.A. 40A:11-1 et seq., and;

WHEREAS, the Township of Vernon has previously acted in accord with New Jersey public procurement statutes and regulations as promulgated by formally joining a recognized and compliant national cooperative, being the National Joint Powers Alliance, and;

WHEREAS, the regulations as set forth within Local Finance Notice LFN 2012-10 have been fully complied with, and;

WHEREAS, the equipment and corresponding National Joint Powers Alliance contract is Henderson Products Inc. 080114- HPI; and

WHEREAS, the cost savings determination as required under LFN 2012-10 is $6,889.10; and

WHEREAS, the quotes for the equipment from Henderson Products Inc. Under the National Joint Powers Alliance Cooperative is $23,372.10

NOW THEREFORE BE IT RESOLVED THAT, the Mayor is hereby directed to effectuate the purchase of herein approved equipment for the approved cost of $23,372.10.

Resolution #18-148: Authorizing Contracts with Certain Approved State Contract Vendors Cherry Hill Winner Ford—Truck

WHEREAS, as provided for within the New Jersey Local Publics Contract Law (N.J.S.A.40A:11-1 et seq.,) the Township of Vernon may by resolution, and without advertising for bids or obtaining quotations, purchase any goods or services under the State Contract; and

WHEREAS, the Township has the need on a timely basis to purchase goods and services utilizing State contracts for its departments, including the police department; and

WHEREAS, the Township Police Department intends to enter into contracts with Cherry Hill Winner Ford through State Contract #17-Fleet-00212 applicable to all the conditions to current State contracts.

NOW THEREFORE BE IT RESOLVED, that the Township Council of the Township of Vernon, authorizes the Qualified Purchasing Agent to purchase certain goods and services from Cherry Hill Winner Ford, New Jersey through State Contract #17-Fleet-00212, pursuant to all conditions of the individual State contracts; and

BE IT FURTHER RESOLVED, that the governing body of Vernon Township pursuant to NJAC 5:30-5.5(b) (the certification of available funds), states that the Chief Finance Officer shall either certify the full maximum amount against the budget at the time the contract is awarded, or no contract amount shall be chargeable or certified until such time as the goods or services are ordered or otherwise called for prior to placing the order, and a certification of availability of funds is made by the Chief Finance Officer.

Resolution #18-149: Authorizing Contracts with Certain Approved Educational Services Commission of New Jersey Cooperative Contract Vendors (Groomer)

WHEREAS, the Township of Vernon may by resolution, and without advertising for bids or obtaining quotations, purchase any goods or services under the Educational Services Commission of New Jersey Cooperative Pricing System; and

WHEREAS, the Township has the need on a timely basis to purchase goods and services utilizing Educational Service Commission of New Jersey Contracts, duly authorized under law to extend contract pricing to local units, per N.J.A.C. 5:34-7 et seq.; and

WHEREAS, the Township intends to enter into contract for procurement of a Smithco Sandstar I Infield Groomer through Wilfred MacDonald Inc authorized under Educational Services Commission of New Jersey Cooperative Purchasing award MRESC 15/16-08, dated February 20, 2016 through February 19, 2019; and

NOW THEREFORE BE IT RESOLVED, that the Township Council of the Township of Vernon, authorizes the Qualified Purchasing Agent to purchase an infield groomer, in the amount of $16,569.60, from Wilfred MacDonald from the approved Educational Services Commission of New Jersey Contract MRESC 15/16-08 extended to municipal units, pursuant to all conditions of the individual cooperative contracts; and

BE IT FURTHER RESOLVED, that the governing body of Vernon Township pursuant to NJAC 5:30-5.5(b) (the certification of available funds), states that the Chief Finance Officer shall either certify the full maximum amount against the budget at the time the contract is awarded, or no contract amount shall be chargeable or certified until such time as the goods or services are ordered or otherwise called for prior to placing the order, and a certification of availability of funds is made by the Chief Finance Officer; and

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

Resolution #18-150: Authorizing Contracts with Certain Approved Educational Services Commission of New Jersey Cooperative Contract Vendors (Jesco Excavator)

WHEREAS, the Township of Vernon may by resolution, and without advertising for bids or obtaining quotations, purchase any goods or services under the Educational Services Commission of New Jersey Cooperative Pricing System; and

WHEREAS, the Township has the need on a timely basis to purchase goods and services utilizing Educational Service Commission of New Jersey Contracts, duly authorized under law to extend contract pricing to local units, per N.J.A.C. 5:34-7 et seq.; and

WHEREAS, the Township intends to enter into contract for procurement of a John Deere Model 35G Excavator in the amount of $46,637.31 through Jesco Incorporated under Educational Services Commission of New Jersey Cooperative Purchasing award MRESC 15/16-08, dated February 20, 2016 through February 19, 2019; and

NOW THEREFORE BE IT RESOLVED, that the Township Council of the Township of Vernon, authorizes the Qualified Purchasing Agent to purchase a John Deere Model 35G Excavator in the amount of $46,637.31, from Jesco Inc. from the approved Educational Services Commission of New Jersey Contract MRESC 15/16-08 extended to municipal units, pursuant to all conditions of the individual cooperative contracts; and

BE IT FURTHER RESOLVED, that the governing body of Vernon Township pursuant to NJAC 5:30-5.5(b) (the certification of available funds), states that the Chief Finance Officer shall either certify the full maximum amount against the budget at the time the contract is awarded, or no contract amount shall be chargeable or certified until such time as the goods or services are ordered or otherwise called for prior to placing the order, and a certification of availability of funds is made by the Chief Finance Officer; and

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

Resolution #18-151: Resolution Authorizing Fireworks to Be Displayed on June 30, 2018 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 and Vernon Fire Departments have submitted an application to Vernon Township to conduct a fireworks display on Saturday June 30, 2018 with rain date of July 1, 2018; and

WHEREAS, the proposed fireworks display will take place on the Lounsberry Hollow School grounds on property owned and approved by the Vernon Township Board of Education and further requests closure of Sammis Road for the event; and

WHEREAS, the Fire Departments have engaged in a contract with Garden State Fireworks, Inc., 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 with special effects, performed by Garden State Fireworks, Inc. and sponsored by the Highland Lakes and Vernon Fire Departments on June 30, 2018 with rain date of July 1, 2018 upon satisfaction of all statutory and departmental requirements.

Resolution #18-152: 2018 Salaries for Non-Union Full Time Employee (DPW)

WHEREAS, Ordinance #16-03 amended salary ranges for non-union full time and part time employees.

NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of Vernon, County of Sussex, State of New Jersey that the following person be compensated at the annual salary or wage, the same being consistent with Ordinance #16-03, retroactive to May 8, 2018.

Position2018 Base Salary
Ordinance 16-03
DPW - Assistant Supervisor (Pariso)$65,675.00

Resolution #18-153: Resolution Accepting the Completion of Improvements to Maple Grange Road

WHEREAS, the Township awarded contracts for the Maple Grange Road Improvement Project via resolution to Tilcon New York, Inc., Denville Line Painting and J. Fletcher Creamer & Son, Inc. awarded by Resolution #17-181; on September 25, 2017; and

WHEREAS, the Maple Grange Road Improvement Project has been completed, and inspected as per the plans and specifications; and

WHEREAS, the Township Engineer has issued the attached letter dated May 1, 2018 which states that the said contracts have been completed in full and that it is recommended that the Maple Grange Road Improvement Project be accepted by the Township Council.

NOW, THEREFORE BE IT RESOLVED, that the Vernon Township Council accept this project identified as Maple Grange Road Improvement Project as final and complete; and

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

Introduction/1st Reading of Proposed Ordinances

Council President Murphy read Ordinance #18-18 by title only:

Ordinance #18-18: An Ordinance of the Township Council of the Township of Vernon, County of Sussex and State of New Jersey Authorizing Special Assessment for the Restoration and Repair of Barry Lakes Dam #2

Council President Murphy asked for a motion to Introduce Ordinance #18-18 with a public hearing to be held on June 11, 2018.
Motion: John Auberger
Second: Mark Van Tassel

A roll call vote was taken:
Ayes: Sandra Ooms, Dan Kadish, Mark Van Tassel, John Auberger, Jean Murphy
Nays: None
Abstain: None
Absent: None
Motion carried to approve introduction of Ordinance #18-18 with a public hearing to be held on June 11, 2018.

Council President Murphy read Ordinance 18-19 by title only:

Ordinance #18-19: Ordinance Amending the Salary Ordinance for “Non-Union” Employees

Council President Murphy stated there are inconsistencies in the Ordinance and positions no longer used and suggested Administration review the ordinance further. She noted the Ordinance has discrepancies including multiple salary ranges in Recreation when only one position exists and ranges for QPA and Fire Police which are not used. Council Member Ooms agreed that further review is needed and noted the ranges are excessive and will get out of control in the future. Mayor Shortway explained the goal of the Ordinance is a 5-year plan of salary ranges to bring salaries in line with Civil Service Commission position compliance.

Council President Murphy questioned the numbers of weekly and daily work hours should also be reviewed. Council Member Auberger noted that it is advantageous that DPW starts earlier than other municipalities especially in winter months.

Council Member Ooms made a motion to table Ordinance #18-19 so further review of positions and salary ranges can be done. Council Member Van Tassel questioned if every range was changed or if some were the same as the current ordinances. CFO Yetter explained not every position’s range was changed but all were included to consolidate into one Salary Ordinance rather than the Township having multiple different salary ordinances. CFO Yetter added that positions may be included in the Ordinance to establish a range should the Township have a need for future hiring.

Motion to table:
Motion: Sandra Ooms
Second: Jean Murphy

A roll call vote was taken:
Ayes: Sandra Ooms, Mark Van Tassel, Jean Murphy
Nays: Dan Kadish, John Auberger
Abstain: None
Absent: None
Motion carried to table Ordinance #18-19 until May 31, 2018.

Public Comments (Limited to 3 minutes on any topic)

Council President Murphy asked for a motion to open the meeting to public comments.
Moved: Sandra Ooms
Second: Mark Van Tassel
All members voted in favor.

Seeing no members of the public wishing to come forward, Council President Murphy asked for a motion to close the meeting to public comments.
Moved: Mark Van Tassel
Second: Dan Kadish
All members voted in favor.

Mayor’s Report

Mayor Shortway stated that all the tenants at Legends have vacated the premises without incident.

Mayor Shortway noted that Council Member Auberger and a Township volunteer attended the State Urban Forestry Program which will allow the Township opportunities to apply for future less restrictive tree grants.

Mayor Shortway announced the NJ Department of Community Affairs (DCA) has approved the redevelopment zone for McAfee Village that includes Legends. Congressman Gottheimer recognized Vernon Township at the Earthfest Celebration and presented the Township with a Congressional Certificate.

Mayor Shortway congratulated the organizers of Taste of Vernon for an outstanding successful event providing great tasting high quality food from local restaurants.

Mayor Shortway explained he was accused by the NJDEP of encroaching on Black Creek along the Sand Hill Rd. Trail by an anonymous complainant. This unknown person took issue with two planks laid across a small creek. The Mayor takes full responsibility for placing the two boards across the running water so that volunteers could clear a path for residents to walk on township property and Daisy Girl Scouts could hang hand-made bird houses.

Mayor Shortway stated that the NJDEP informed the complainant nothing was done wrong. Subsequently the complainant filed another complaint regarding a fire pit at our DPW gravel yard without procuring a permit but in fact a permit was received. Mayor Shortway stated he takes full responsibility for the “pit” so that a camp fire could be made to roast marshmallows for the many volunteers helping to clear the Town Center Trail.

Mayor Shortway explained he does not take issue with the NJDEP investigating these frivolous complaints as it is their responsibility, but the complainant’s actions are an example of what turned Vernon into a Pottersville controlled by politics and puppets whose strings have been pulled by the resorts and developers for decades. Mayor Shortway stated he does take issue with the NJDEP when they decline to investigate hundreds of railroad ties being thrown into wetlands which are in contact with water, and their delay to conduct a thorough investigation at Silver Spruce Road.

Vernon Township has requested action by the NJDEP as well as Sussex County to investigate the numerous loads of soil and the 55-gallon poly-vinyl drums being stored on the property. The person responsible for the dumping was fined by our municipal court $75,000.00 for disregarding work stop orders. Vernon estimates truckloads of dirt have been dumped at this location over the last four years, resulting in a pile of soil over 80 feet high covering two acres.

Mayor Shortway stated he will be meeting with Governor Murphy’s staff and will request a full investigation by the attorney general’s office into the Silver Spruce issue and other matters that that this administration confronts.

Mayor Shortway added that this administration will continue to advocate for the residents and taxpayers, so Vernon will once again be a ’Bedford Falls,’ where children can hang bird houses and volunteers can eat S’mores without complaints resulting in State investigations while other major soil violations are overlooked.

Council Member Ooms questioned if the Stop Work Order is in effect. Mr. Voelker explained the Sussex County Soil Conservation District administered the Stop Work Order, but employee has since retired and not been replaced. He added the Township Attorney is reviewing status with Municipal Judge and case may go to the Superior Court.

Council Comments

Council Member Auberger stated he attended the Rutgers Core Training so Vernon Township can now apply for a Tree Management Plan which will make available future Tree Grants. He thanked the public for partaking in the Kiwanis Flower Sale.

Council Member Kadish had no comments.

Council Member Van Tassel had no comments

Council Member Ooms had no comments.

Council President Comments

Council President Murphy announce the Freeholder Debate will be held tomorrow May 15, 2018 at 7:00 p.m. at the Sussex County Performing Arts Center. Ms. Murphy commented that Council Member Auberger, Mr. Voelker, Police and herself met with the Sussex County Engineer and Administrator to discuss various issues on county roads. Based on discussion at the meeting and review of accident reports on RT 515 and at intersection of RT 517 and RT 644, Sussex County will add reflective signage to increase driver awareness.

Council President Murphy stated the Sale sign on the Faline Building can be removed now that it has been sold. Council Member Ooms questioned how long new owner must rehabilitate Faline property as required in the Ordinance. Mr. Voelker will discuss with the Auctioneer how stipulation was included in sale agreement. Mayor Shortway stated Vernon is eager to have property cleaned up as it is the entryway to the Town Center.

Adjournment

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

The Regular Meeting of the Township Council of the Township of Vernon was adjourned at 7:38 p.m.

Respectfully submitted,
Lauren Kirkman, RMC, CMR
Municipal Clerk

Minutes approved: May 31, 2018