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

Minutes: May 30, 2013

The Regular Meeting of the Township Council of the Township of Vernon was convened at 6:30 p.m. on May 30, 2013, in the Vernon Township Municipal Building, 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 11, 2013, 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 Daniel Kadish, Dick Wetzel, and Council President Patrick Rizzuto. Also present were Mayor Vic Marotta, Business Administrator Jerry Giaimis, Township Attorney Kevin Kelly, CFO Bill Zuckerman, and Auditor Bud Jones. Council Member Eddie Dunn arrived at 7:00 p.m Council Member Brian Lynch was absent.

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:

Contract Negotiations: Police Chief
Addendum Item: Litigation—Jade Reed vs. Vernon Township, et al.

3. This resolution shall take effect immediately.

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

Council exited to Executive Chambers at 6:36 p.m

Council returned to open session at 7:30 p.m
Moved: Daniel Kadish
Second: Dick Wetzel
All were in favor.

Salute to the Flag

The Council President led the salute to the flag.

Presentations

1. Heroes Award: Mayor Marotta read the following proclamation:

Whereas, the Township of Vernon was faced with a dramatic medical emergency on May 4, 2013 which involved our Ambulance, Fire and Police responders;

Whereas, within minutes of the accident occurring, resident Tom Hayes did what came very natural to him—help someone in need;

Whereas, without regard to his own safety, Tom, after seeing the vehicle in distress tumbling down the mountainside, raced to the scene of the accident and searched vehemently for the young passenger who was ejected from the vehicle;

Whereas, Tom located the injured youth and carried him down the rocky mountain trail to safety for immediate medical treatment;

Whereas, those who know Tom personally, praise him for his giving nature every day of his life, never giving it a second thought and always having a magnetic positive attitude.

Now therefore be it Proclaimed, I, Mayor Victor Marotta, hereby extend my sincerest gratitude and appreciation to Tom Hayes and pronounce him a true Vernon Hero for his gracious willingness to assist people in need.

Presented this 30th day of May, 2013
Victor J. Marotta, Mayor, Township of Vernon

Council President Rizzuto and Council Member Wetzel read aloud from a plaque on behalf of the Council honoring Mr. Hayes. Mr. Rizzuto noted that people aren’t heroes, but that there are people who rise to the occasion as needed.

Mr. Hayes thanked the Mayor and Council.

2. Louis Bay 2nd Future Municipal Leaders Scholarship Competition

The Business Administrator, Jerry Giaimis, explained that this award honors Mr. Bay who was a long-time Mayor of Hawthorne and was very high on education. The award advances the virtues of elected, professional, and volunteer municipal officials, and is a statewide scholarship competition run by the New Jersey State League of Municipalities. Vernon’s candidate, Maxwell J. Schriner, was selected as a semi-finalist. He was presented with a Certificate of Participation from the League, and a gift certificate on behalf of the Township. Mr. Giaimis worked closely with Max on this competition, and was also his baseball coach. Max thanked Mr. Giaimis, as well as the Mayor and Council, and his parents for their support. Council President Rizzuto told Max that he “makes us proud.”

3. Mayor Marotta introduced Mr. Bud Jones of Nisivoccia, LLP, our Municipal Auditors. Mr. Jones reported that the 2012 Audit was given a “clean audit opinion,” noting that the Township’s financial condition had improved significantly in 2012 with a $2.9 million surplus (from $2.1 million in 2011). There were only 2 recommendations made for improvement:

a. Adequate segregation of duties be maintained with respect to the recording and treasury functions.

b. Receipts collected by the Police Department be turned over to the Finance Office on a timely basis to ensure compliance with statutory requirements.

Mr. Jones advised that a) was the same recommendation he makes with all of his municipalities that his firm audits.

Council President Rizzuto asked how significant it is for the Township to take over properties that were in foreclosure or had tax title liens. Mr. Jones advised that it is very important, at it gets the process moving forward much sooner to get the property back on the tax rolls. Mr. Rizzuto pointed out that the number of recommendations has dropped from 4 in 2011 to these 2, due to staff adjustments/corrections. Mayor Marotta advised that b) has already been addressed and will not be a problem in the 2013 Audit report. Mr. Rizzuto felt the audit is a report card for the Township.

Public Comments

Council President Rizzuto asked for a motion to open the meeting to public comments at this time.
Moved: Dick Wetzel
Second: Eddie Dunn
All were in favor.

Jim DeMorrow of Dorfred Terrace—spoke against the community garden and the dog park. He was concerned with the visual effect once the leaves are gone in the fall and winter months. He asked for shrubs or trees to be planted to block that view. He also was concerned about the hours of operation, and asked for the hours to be determined with possibly 8:00am to dark so as to prevent people hanging out until all hours.

Debra Parasol—was also concerned with the hours of operation of the garden and park area. She referred to lawn cutting, dogs barking, etc. She noted that she had been told that a line of trees would be planted once the project was approved.

Mary Bradley—invited everyone to Vernon Day on June 9 from noon to 4:00 p.m., as well as the 5K race/walk at 9:00am.

Bonnie Rubin—read a prepared statement about Green-Ways and open space issues.

Gary Martinsen—advised that he had videotaped the parade and would make it available. He noted that he would try to combine that with a taping from Vernon Day.

Closed to Public Comments

No one else wished to speak at this time, and Council President Rizzuto asked for a motion to close the public portion of the meeting.
Moved: Eddie Dunn
Second: Dick Wetzel
All were in favor.

Mayor’s Report

Mayor Marotta reported on the following items:

  • A spreadsheet was passed out on shared services we currently utilize, with revenue totals just under $275,000.00, and no new hires to cover these services
    1. 911 dispatch for Wantage and Sussex Borough
    2. Animal Control for Sussex Borough
    3. CFO and QPA services for Sussex Borough
    4. CFO services for VT MUA
    5. Administrative Assistant services for VT MUA
    6. Inspections and Maintenance for pump stations for the VT MUA on an hourly basis
    7. Fire Prevention services for Wantage on an hourly basis
  • A review of equipment/vehicles was undertaken and is now electronically filed with photos. The total value is $6,514,419.00. There is a clear plan for replacement of any items. Items have been located that were not included on previous fixed asset lists.
  • Energy Aggregation (discussion item on the agenda): he noted that the Business Administrator, Gerald Giaimis, negotiated a similar plan for the Township with significant savings. Each Council Member had received a packet for review before the meeting. There are savings available for residents at about $150.00 to $200.00 per year. The company noted in the packet is available for a presentation at a subsequent Council meeting. He cautioned that Sussex Rural customers were not eligible for this plan, but that they were already getting the benefit of aggregation.
    • Council Member Dunn asked about quality, a good reputation, etc. of this company.
    • Mayor Marotta noted that all those kind of concerns were reviewed, and that all references have checked out.
    • Council Member Wetzel questioned about the issues of service with JCP&L.
    • The Mayor advised that this is not meant to address that problem, but to save the residents money that they can use for other purposes. He noted that all petitions signed by residents were on file, and that he has not given up the fight with JCP&L, though there were not as many signatures as he would have thought. He has seen some changes by JCP&L to make improvements.
    • Council President Rizzuto felt this was a great opportunity. He was unsure when he started using alternative fuel, and would welcome a presentation.
    • Mayor Marotta advised that he would arrange a date for a presentation on this idea.
  • COPS Grant (on the agenda)—he distributed a hand out to correct an error in their Council meeting packets. The original amount was stated as $106,000.00, but there were some other factors/costs that had been left out. The actual cost is $141,000.00 over a 3-year period.
  • Audit report for 2012—in 2009 there were 12 items for recommended changes, in 2010 there were 8, in 2011 there were 4, and in 2012 there were only 2. This is as a direct result of the hard work of the Business Administrator, the CFO and his Finance Office staff, as well as all Department Heads.
  • No-Net-Loss Grant for re-forestation around the Tennessee Gas Pipeline project. This grant has been approved ($30,000.00+) by the DEP. A lot of work was put in by the Environmental Commission, especially by Beverly Budz.

Minutes

Council President Rizzuto asked for a motion to approve the minutes of the Regular meeting of March 25, 2013:
Moved: Dick Wetzel
Second: Eddie Dunn

A roll call vote was taken:
Ayes: Eddie Dunn, Daniel Kadish, Dick Wetzel, Patrick Rizzuto
Nays: None
Absent: Brian Lynch
The minutes from the Regular meeting of March 25, 2013 were approved.

Council President Rizzuto asked for a motion to approve the minutes of the Regular meeting of April 8, 2013:
Moved: Eddie Dunn
Second: Dick Wetzel

A roll call vote was taken:
Ayes: Eddie Dunn, Daniel Kadish, Dick Wetzel, Patrick Rizzuto
Nays: None
Absent: Brian Lynch
The minutes from the Regular meeting of April 8, 2013 were approved.

Council President Rizzuto asked for a motion to approve the minutes of the Executive Session meeting of April 8, 2013:
Moved: Eddie Dunn
Second: Daniel Kadish

A roll call vote was taken:
Ayes: Eddie Dunn, Daniel Kadish, Dick Wetzel, Patrick Rizzuto
Nays: None
Absent: Brian Lynch
The minutes from the Executive Session meeting of April 8, 2013 were approved.

Council President Rizzuto asked for a motion to approve the minutes of the Regular meeting of April 22, 2013:
Moved: Eddie Dunn
Second: Dick Wetzel

A roll call vote was taken:
Ayes: Eddie Dunn, Daniel Kadish, Dick Wetzel
Nays: None
Abstain: Patrick Rizzuto
Absent: Brian Lynch
The minutes from the Regular meeting of April 22, 2013 were approved.

Council President Rizzuto asked for a motion to approve the minutes of the Executive Session meeting of April 22, 2013:
Moved: Eddie Dunn
Second: Daniel Kadish

A roll call vote was taken:
Ayes: Eddie Dunn, Daniel Kadish, Dick Wetzel
Nays: None
Abstain: Patrick Rizzuto
Absent: Brian Lynch
The minutes from the Executive Session meeting of April 22, 2013 were approved.

Council President Rizzuto asked for a motion to approve the minutes of the Joint Meeting with the Vernon Township Board of Education of April 25, 2013:
Moved: Dick Wetzel
Second: Patrick Rizzuto

A roll call vote was taken:
Ayes: Dick Wetzel, Patrick Rizzuto
Nays: None
Abstain: Eddie Dunn, Daniel Kadish
Absent: Brian Lynch
The minutes from the Joint meeting with the Vernon Township Board of Education of April 25, 2013 were approved. Township Attorney Kevin Kelly advised that they were accepted without majority.

Council President Rizzuto asked for a motion to approve the minutes of the Work Session of May 6, 2013:
Moved: Eddie Dunn
Second: Daniel Kadish

A roll call vote was taken:
Ayes: Eddie Dunn, Daniel Kadish, Dick Wetzel, Patrick Rizzuto
Nays: None
Absent: Brian Lynch
The minutes from the Work Session of May 6, 2013 were approved.

Council President Rizzuto asked for a motion to approve the minutes of the Regular meeting of May 13, 2013:
Moved: Daniel Kadish
Second: Eddie Dunn

A roll call vote was taken:
Ayes: Eddie Dunn, Daniel Kadish, Dick Wetzel, Patrick Rizzuto
Nays: None
Absent: Brian Lynch
The minutes from the Regular meeting of May 13, 2013 were approved.

Council President Rizzuto asked for a motion to approve the minutes of the Executive Session meeting of May 13, 2013:
Moved: Eddie Dunn
Second: Dick Wetzel

A roll call vote was taken:
Ayes: Eddie Dunn, Daniel Kadish, Dick Wetzel, Patrick Rizzuto
Nays: None
Absent: Brian Lynch
The minutes from the Executive Session meeting of May 13, 2013 were approved.

Discussion

Council President Rizzuto noted there was a request to waive Township Code 330-155—requirement for taxes to be paid before granting event permit for music festival event at the Rickey Farm, August 9-11. The Council President asked for a motion to allow for discussion.

Moved: Eddie Dunn
Second: Dick Wetzel

The Council President asked Mr. Rickey if he would like to speak to the Council.

Jamie Rickey noted that his request was not just for the August event, but for the summer season, noting he had filed four (4) event permits with the Zoning Officer. He advised that he fully intends to clear up his taxes prior to the August date.

Mr. Rizzuto asked what the first event was for, and was informed that it was for June 7 through June 9 for the Rocks, Ribs, & Ridges event at Hidden Valley. The Mayor advised that Mr. Rickey’s land would be used as a campground for people attending at Hidden Valley. Mr. Rickey advised that the next even would be over Father’s Day weekend for a Spring Jam. The third event would be a Farm Fest in August. He said there could be additional events, such as at the Montessori School for motorcycles during the third week in July, and a Summer Jam in August. Mr. Rickey noted that the waiver would be for a time period to end in early September, as there is a tax title lien that is due at that time, and if he fails to clear that lien he could lose the property to the lien holder by foreclosure.

Council Member Dunn tried to clarify how the situation could be cleared up so that the tax situation doesn’t start all over again. Mr. Rickey advised that the revenue he could earn by hosting these events would allow him to pay off the lien. Mr. Dunn asked for something that would give Council a feeling of confidence that this would actually happen. Council Member Wetzel suggested putting the revenue from the events into an escrow account. Council President Rizzuto asked for assurance that the first event revenue would go to the taxes. Council Member Kadish remarked that he would have liked to have seen a game plan to resolve the taxes.

Motion

The motion was made to permit waiving the requirement of 330-155 for events at the Rickey farm, 442 Rt. 94, for the summer season of 2013 from June to early September.

Moved: Eddie Dunn
Second: Dick Wetzel

Council Members Kadish and Wetzel felt the motion should be for 1 time only.

Council President Rizzuto noted that the Rickey Farm has been in existence for a long time and he would like to see positive results.

Council Member Dunn would like to see Mr. Rickey turn this around with assurances.

The Council President advised that this was not setting a precedent.

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

Mayor Marotta advised that he would direct the Zoning Officer to grant the permits.

Council President Rizzuto noted that Council wants to see businesses succeed. He asked them to let Council know if they can assist him.

Marilyn Rickey (mother of Jamie Rickey) spoke to the Council, thanking the Council. She advised that they were doing everything they could to save this farm.

Discussion

Council President Rizzuto noted there was another request to waive Township Code 330-155—requirement for taxes to be paid before granting event permit for the Rocks, Ribs, and Ridges event at Hidden Valley. The Council President asked for a motion to allow for discussion.

Moved: Eddie Dunn
Second: Dick Wetzel

The Council President asked if there was a representative of Hidden Valley present.

Arthur Havighorst, an attorney for the owners HV Real Estate Holdings LLC. spoke to the Council.

Council President Rizzuto noted that a conversation he had with Mr. Havighorst indicated that debt financing was in preparation. Mr. Havighorst clarified that it is not debt financing, but rather that the owners were in the process of finalizing a lease with a non-profit to run the operations of the resort. He noted that this would be completed very soon. Mayor Marotta noted that he had spoken to the owners, and they had advised him of the lease issue and related information that was in agreement with what Mr. Havighorst had reported. Mr. Havighorst assured Council that the taxes would be paid with in a few weeks, and that the lease agreement terms had been agreed to.

Motion

The motion was made to permit waiving the requirement of 330-155 for the Rocks, Ribs, and Ridges event at Hidden Valley on June 9, 2013.

Moved: Eddie Dunn
Second: Dick Wetzel

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

Mayor Marotta advised that he would direct the Zoning Officer to grant any permits.

Mr. Havighorst noted that he neglected to mention that a zoning change of use may be required, and the Mayor directed him to contact the Land Use Board.

Motion

A motion was made to accept the recommendation of the insurance attorneys to settle the litigation of Jade Reed vs. Vernon Township, et al. for no more than $8,000.00. The Council President noted that this was the matter discussed in Executive Session.

Moved: Dick Wetzel
Second: Daniel Kadish

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

Council President Rizzuto advised that this was a resolution and affidavit certifying that Council had complied with N.J.A.C. 5:30-6.5 relative to the 2012 Municipal Audit. He reminded all Members to see the Clerk to sign the affidavit in triplicate. He asked for a motion to accept Resolution #13-104:

Moved: Daniel Kadish
Second: Eddie Dunn

A roll call vote was taken:
Ayes: Eddie Dunn, Daniel Kadish, Dick Wetzel, Patrick Rizzuto
Nays: None
Absent: Brian Lynch
Resolution #13-104 was approved.

Resolution #13-104: 2012 Annual Audit

WHEREAS, N.J.S.A. 40A:5-4 requires the governing body of every local unit to have made an annual audit of its books, accounts and financial transactions, and

WHEREAS, the Annual Report of Audit for the year 2012 has been filed by a Registered Municipal Accountant with the Municipal Clerk pursuant to N.J.S.A. 40A:5-6, and a copy has been received by each member of the governing body; and

WHEREAS, R.S. 52:27BB-34 authorizes the Local Finance Board of the State of New Jersey to prescribe reports pertaining to the local fiscal affairs; and

WHEREAS, the Local Finance Board has promulgated N.J.A.C. 5:30-6.5, a regulation requiring that the governing body of each municipality shall, by resolution, certify to the Local Finance Board of the State of New Jersey that all members of the governing body have reviewed, as a minimum, the sections of the annual audit entitled “Comments and Recommendations”; and

WHEREAS, the members of the governing body have personally reviewed, as a minimum, the Annual Report of Audit, and specifically the sections of the Annual Audit entitled “Comments and Recommendations,” as evidenced by the group affidavit form of the governing body attached hereto; and

WHEREAS, such resolution of certification shall be adopted by the Governing Body no later than forty-five days after the receipt of the annual audit, pursuant to N.J.A.C. 5:30-6.5; and

WHEREAS, all members of the governing body have received and have familiarized themselves with, at least, the minimum requirements of the Local Finance Board of the State of New Jersey, as stated aforesaid and have subscribed to the affidavit, as provided by the Local Finance Board; and

WHEREAS, failure to comply with the regulations of the Local Finance Board of the State of New Jersey may subject the members of the local governing body to the penalty provisions of R.S. 52:27BB-52, to wit:

R.S. 52:27BB-52: A local officer or member of a local governing body who, after date fixed for compliance, fails or refuses to obey an order of the director (Director of Local Government Services), under the provisions of this Article, shall be guilty of a misdemeanor and, upon conviction, may be fined not more than one thousand dollars ($1,000.00) or imprisoned for not more than one year, or both, in addition shall forfeit his office.

NOW, THEREFORE, BE IT RESOLVED, that the Township Council of the Township of Vernon, hereby states that is has complied with N.J.A.C. 5:30-6.5 and does hereby submit a certified copy of this resolution and the required affidavit to said Board to show evidence of said compliance.

Consent Resolutions

Council President Rizzuto gave a brief description of Resolutions #13-105 through #13-110. He asked for a motion to accept Resolutions #13-105 through #13-110:

Council Members Dunn and Kadish asked to act on Resolution #13-109 separately.

A revised motion was requested to accept Resolution #13-105 through #13-108 and #13-110:
Moved: Daniel Kadish
Second: Dick Wetzel

Council Member Kadish spoke about #13-106 for the COPS Hiring Program Grant. He felt Council should seriously consider the potential financial difficulty during the 4 years that a new hire would be covered under this grant, including factoring in the cost of benefits.

Mayor Marotta advised that the $83,000.00 includes all salary and benefits. He noted that if we terminate the program, we are obligated to keep that employee for a 4th year. The Mayor clarified that this was only an application with no guarantee of getting the award. He advised that there were officers scheduled to retire during the term of the grant.

A roll call vote was taken:
Ayes: Eddie Dunn, Daniel Kadish, Dick Wetzel, Patrick Rizzuto
Nays: None
Absent: Brian Lynch
Resolutions #13-105 through #13-108 and #13-110 were approved.

Resolution #13-105: Chapter 159 Resolution Requesting Approval of Revenue and Appropriation Amending the 2013 Budget as a Revenue and Appropriation of $49,148.50

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 been awarded a $49,148.50 Clean Communities Grant from the State of New Jersey Solid Waste Administration; and wishes to amend its 2013 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 2013 in the sum of $49,274.33 which is now available as a revenue from the State of New Jersey Solid Waste Administration, and;

BE IT FURTHER RESOLVED that a like sum of $49,148.50 is hereby appropriated under the caption 2013 Clean Communities Grant.

Resolution #13-106: Authorizing the Application for the 2013 Cops (Community Oriented Policing Services) Hiring Program Grant in the Amount of $125,000.00

WHEREAS, The Township of Vernon Council of the Township of Vernon, County of Sussex, State of New Jersey recognizes that adding a sworn officer would be to the benefit of the entire community; and

WHEREAS, the Township of Vernon Council further recognizes that it is incumbent upon our public officials to take action to ensure the safety, good and welfare of the community; and

WHEREAS, the Township of Vernon is eligible to apply for funding through the 2013 COPS Hiring Program Grant, in the amount of $125,000.00 to add one new police officer, paid over a three year period.

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

  1. The Council of the Township of Vernon does hereby authorize submission of an application for the 2013 COPS Hiring Program Grant in the amount of $125,000.00 for the addition of one new police officer.
  2. The Township of Vernon acknowledges the terms and conditions for administering the 2013 COPS Hiring Program Grant, including the administrative compliance and audit requirements.

Resolution #13-107: Amending the Professional Services Contract with Vital Communications, Inc.

WHEREAS, the Township of Vernon entered into a professional services contract for the purpose of Computer software and services for Tax Assessment/CAMA, Tax Collection and Internet Access including tax billing and customer support by Resolution #13-77 on March 25, 2013; and

WHEREAS, Vital Communications, Inc. will contract directly with the Vernon Township Municipal Utilities Authority for the same services; and

WHEREAS, the original amount of the Township’s contract included the monetary amount for computer services for sewer which will now be billed directly through the VTMUA, thus reducing the Township’s contract by $360.00; and

WHEREAS, the Chief Financial Officer has certified that funds are available for this purpose; 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 revised 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 Qualified Purchasing Agent has certified that the value of the contract will exceed $17,500.00; and

WHEREAS, the term of the contract will be from April 1, 2013 to March 31, 2014, with a total contract price not to exceed $18,000.00.

NOW THEREFORE BE IT RESOLVED, this 30th day of May, 2013, 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 is hereby authorized and directed to execute a Revised Professional Services Contract with Vital Communications, Inc., attested by the Municipal Clerk.

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 Municipal 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 Municipal Clerk.

Resolution #13-108: Renewal of Liquor Licenses for Vernon Township for the 2013 - 2014 Licensing Term

WHEREAS, all licenses to dispose alcoholic beverages must be renewed and reissued no later than July 1, 2013; and

WHEREAS, pursuant to R.S. 33:1, the Vernon Township Police Department has made the necessary inspections and reported same to the Township Clerk; and

WHEREAS, all of the licenses have complied with all of the regulations as set forth by the Alcoholic Beverage Control Commission of the State of New Jersey;

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Vernon that the following licenses shall be reissued for the 2013 - 2014 licensing period effective as of July 1, 2013.

HOTEL EXCEPTION
Stonehill Recreation Corp. (Kites/Mineral Springs)1922-36-011-001
PLENARY RETAIL DISTRIBUTION
Highland General Store Inc.1922-44-002-002

Council President Rizzuto asked for a motion to approve Resolution #13-109:
Moved: Eddie Dunn
Second: Patrick Rizzuto

Council Member Kadish disagreed with the necessity to allow the banner to exceed the maximum size allowed by the Township Sign Ordinance. He also did not agree with placing the banner across the roadway.

The Council President advised that this was the same size and placement as had repeatedly been approved for this annual program at the church. He suggested that the Township should inspect the banner for safety.

A roll call vote was taken:
Ayes: Eddie Dunn, Dick Wetzel, Patrick Rizzuto
Nays: Daniel Kadish
Absent: Brian Lynch
Resolution #13-109 was approved.

Resolution #13-109: Authorizing Placement of Banner Across Breakneck Road and Exceeding Allowable Size

WHEREAS, Christ Community Church in Highland Lakes, New Jersey has requested permission from the Township Council to place a banner across Breakneck Road from the church property to a residential property to advertise for the Annual Vacation Bible School; and

WHEREAS, the banner will be securely hung across Breakneck Road at least 14’ high from Church property to a residential property which prior permission has been granted; and

WHEREAS, the Church is requesting to display the banner measuring 3’ by 14’, for a time period of thirty days, beginning June 21, 2012 through the close of Vacation Bible School July 20,2012; and

WHEREAS, Vernon Township Code 330-180, Section G.1. specifies that the banner sign cannot exceed thirty-six (36) square feet in area, or 12’L x 3’H in size.

NOW THEREFORE BE IT RESOLVED, by the Mayor and Council of the Township of Vernon, that Christ Community Church in Highland Lakes, New Jersey is granted permission to place a banner, as described above, across Breakneck Road, from June 13, 2013, through July 12, 2013, in association with the Church’s Vacation Bible School event, provided all other requirements of Township Code 330-180 are followed.

Ordinances—Introduction

1st Reading of Ordinance #13-12 by Title Only

Council President Rizzuto asked for a motion to approve Ordinance #13-12 on 1st reading by title only:
Motion: Eddie Dunn
Second: Dick Wetzel

A roll call vote was taken:
Ayes: Eddie Dunn, Dick Wetzel, Patrick Rizzuto
Nays: Daniel Kadish
Absent: Brian Lynch
Ordinance #13-12 was approved.

Township Attorney Kevin Kelly advised that both ordinances #13-12 and #13-13 have no minimum bid. Mayor Marotta noted that there was interest in buying the property in Ordinance #12-12 from an adjacent property owner.

Ordinance #13-12: An Ordinance to Amend Article XXI “Solar Zoning and Standards,” Being Sections 330-260 and 330-261 of the Code pf the Township of Vernon to Revise Solar Zoning and Standards


1st Reading of Ordinance #13-13 by Title Only

Council President Rizzuto asked for a motion to approve Ordinance #13-13 on 1st reading by title only.
Motion: Dick Wetzel
Second: Eddie Dunn

A roll call vote was taken:
Ayes: Eddie Dunn, Daniel Kadish, Dick Wetzel, Patrick Rizzuto
Nays: None
Absent: Brian Lynch
Ordinance #13-13 was approved on 1st reading.

Ordinance #13-13: 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 44 Curving Hill Drive, Block 103.23, Lot 6


Ordinances—Public Hearing/2nd Hearing

2nd Reading of Ordinance #13-09 by Title Only

Council President Rizzuto asked for a motion to approve Ordinance #13-09 on 2nd reading by title only.
Motion: Dick Wetzel
Second: Daniel Kadish

Open to public comments on Ordinance #13-09 only:
Motion: Eddie Dunn
Second: Dick Wetzel
All were in favor.

No one wished to speak at this time.

Closed to public comments on Ordinance #13-09:
Motion: Eddie Dunn
Second: Dick Wetzel
All were in favor.

A roll call vote was taken:
Ayes: Eddie Dunn, Daniel Kadish, Dick Wetzel, Patrick Rizzuto
Nays: None
Absent: Brian Lynch
Ordinance #13-09 was adopted.

Ordinance #13-09: Capital Ordinance Providing for Various Improvements or Purposes to Be Undertaken by the Township of Vernon, in the County od Sussex, New Jersey, Appropriating Therefore the Sum of $215,000.00 and Providing that Such Sum So Appropriated Shall Be Raised from the Capital Fund Balance of the Township


Mayoral Appointment

Municipal Utility Authority—Mayor Marotta asked Council to approve the re-appointment of Gloria Frato-Gallo to the MUA for a 5-year term ending February 1, 2018. He advised that the delay in re-appointing her was due to a personal tragedy that occurred around the time when other appointments were made at the beginning of the year.

Council President Rizzuto and Council Member Wetzel, and the Mayor as well, all expressed their high praise for Ms. Frato-Gallo’s past work on the Authority.

Council President Rizzuto asked for a motion to approve this appointment:
Motion: Eddie Dunn
Second: Dick Wetzel

A roll call vote was taken:
Ayes: Eddie Dunn, Daniel Kadish, Dick Wetzel, Patrick Rizzuto
Nays: None
Absent: Brian Lynch
Ms. Frato-Gallo was approved for re-appointment to the MUA.

Council Business

Council Member Dunn invited everyone to the EDAC meeting on Monday, June 3 at 6:30 p.m. in the Senior Center. He advised that the topic would be on a Buy Local Campaign, and that there would be a representative from Marlboro in attendance as they have a program for Buy Local that has had great success (as have other towns). The benefit of this program is that it is a tax-neutral activity. He advised that the public is welcome to attend as well.

Council Member Kadish, Council Member Wetzel, and Council President Rizzuto had nothing to report at this time.

Mayor Marotta reminded everyone that Tuesday, June 4, was Primary Election Day. He asked that everyone please go out and vote.

Council President Rizzuto added that voting was an important right that should be utilized.

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 Wetzel, with all members voting in favor.

The Regular Meeting of the Township Council of the Township of Vernon was adjourned at 9:16 p.m.

Respectfully submitted,
Susan S. Nelson, RMC
Municipal Clerk

Minutes approved: June 24, 2013