Minutes: July 23, 2012

The Regular Meeting of the Township Council of the Township of Vernon was convened at 6:30 p.m. on July 23, 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, Dick Wetzel, and Council President Brian Lynch. Also present were Mayor Vic Marotta, Business Administrator Jerry Giaimis, CFO William Zuckerman, and Township Attorney Kevin Kelly. Council Member Patrick Rizzuto was absent.

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: Negotiations—Sewer Financing Agreement with Mountain Creek
3. This resolution shall take effect immediately.

Moved: Dick Wetzel
Second: Eddie Dunn

A roll call vote was taken:
Ayes: Eddie Dunn, Daniel Kadish, Dick Wetzel, Brian Lynch
Nays: None
Absent: Patrick Rizzuto
Motion carried with all in favor.
Council went into Executive Session at 6:30 p.m.

Return to Open Session

Council President Lynch called for a motion to return to open session.
Moved: Daniel Kadish
Second: Dick Wetzel
All members present were in favor.
Council returned to open session at 7:30 p.m.

Salute to the Flag

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

Open to Public Comments

Council President Lynch opened the meeting to public comments.

Mary Bradley, Board of Recreation, invited the public to attend National Night Out on August 7th from 7 to 9 p.m. Ms. Bradley mentioned that grillers are needed.

Jean Murphy, spoke about the work session on the previous Saturday regarding Camp Sussex. Ms. Murphy requested that Council consider using their valuable time to complete the bike path, and to use Open Space money for this project.

Gary Martinsen, thanked the Council for the work session on the previous Saturday regarding Camp Sussex.

Closed to Public Comments

As no one else wished to speak, Council President Lynch asked for a motion to close the meeting to public comments.
Moved: Eddie Dunn
Second: Daniel Kadish
All members present were in favor.

Presentations

Municipal Utilities Authority

John E. Ursin, Esq. of Courter, Kobert and Cohen, Attorney for the Municipal Utilities Authority, gave a brief overview of the MUA and stated they should give a report to the Council on an annual basis; however, the second half of the year would be an appropriate time to make a detailed report. Mr. Ursin commented that he had a lot of admiration for the MUA members who started with a blank slate, had meetings twice a month for the first six months, had to set down rules and regulations, and brought the system on line. He noted that the missing link was completed during those first six months. Mr. Ursin discussed the application process that was sent to prospective users, and spoke of the anticipated revenue.

The Council thanked Mr. Ursin for his informative overview and anticipated periodic report.

2011 Municipal Audit

Francis (Bud) Jones and Munn Lee of Nisivoccia & Co., the Township’s auditor, spoke regarding the 2011 municipal audit. Ms. Lee reported that the audit went very well and gave a synopsis and recommendations for improvements.

The Council thanked both Mr. Jones and Ms. Lee for their input regarding the audit.

Mayor’s Report

Mayor Marotta asked William Zuckerman CFO, if he had any comments. Mr. Zuckerman reported that he would have answers to the auditor’s recommendations at the next meeting.

Mr. Marotta spoke about last Saturday’s work session regarding Camp Sussex, which had a tremendous public turn out.

The Mayor discussed Ordinance #10-13, which set the municipal fees for alcoholic liquor licenses in Vernon Township from 2010 through 2017 and more. Mr. Marotta had spoken with several licensees who felt that the increases could make or break a business, and were now asking the Council to rescind this ordinance. He asked if Council would draw up a new ordinance more amenable to the times, as this action would be greatly appreciated by the liquor licensees.

Approval of Minutes

June 11, 2012 Regular Meeting Minutes

Moved: Eddie Dunn
Second: Dick Wetzel

A roll call vote was taken:
Ayes: Eddie Dunn, Daniel Kadish, Dick Wetzel, Brian Lynch
Nays: None
Absent: Patrick Rizzuto
The minutes of 6/11/12 were approved.

June 19, 2012 Special Meeting Minutes

Moved: Daniel Kadish
Second: Dick Wetzel

A roll call vote was taken:
Ayes: Eddie Dunn, Daniel Kadish, Dick Wetzel
Nays: None
Abstain: Brian Lynch
Absent: Patrick Rizzuto
The minutes of 6/19/12 were approved.

June 25, 2012 Regular Meeting Minutes

Moved: Dick Wetzel
Second: Eddie Dunn

A roll call vote was taken:
Ayes: Eddie Dunn, Daniel Kadish, Dick Wetzel, Brian Lynch
Nays: None
Absent: Patrick Rizzuto
The minutes of 6/25/12 were approved.

Consent Agenda—Resolutions #12-154 through #12-160

Council President Lynch gave a brief explanation of all resolutions.

The Council President asked for a motion to approve Resolution #12-154, 12-155, and 12-157 through 12-160.

Moved: Daniel Kadish
Second: Eddie Dunn

A roll call vote was taken:
Ayes: Eddie Dunn, Daniel Kadish, Dick Wetzel, *Brian Lynch
Nays: None
Absent: Patrick Rizzuto
*Council President Lynch voted yes except that he abstained on any fire department bills for resolution #12-154.
Resolution #12-154, 12-155, 12-157 through 12-160 were approved.

Resolution #12-154: Authorizing the Approval of Bills List

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

Resolution #12-155: Resolution of the Governing Body of the Township of Vernon Regarding Sewer Financing Agreement with Mountain Creek Resorts, Inc.

WHEREAS, Vernon Township contracted with the Sussex County Municipal Utilities Authority to obtain sewer allocation by Agreement dated November 2, 2005; and

WHEREAS, Vernon Township entered into an Agreement with Mountain Creek Resorts, Inc. regarding the apportionment of the sewer allocation obtained from SCMUA as well as various financial responsibilities dated October 24, 2005; and

WHEREAS, the allocation obtained from the Sussex County Municipal Utilities Authority is now able to be used as a result of the completion of the Vernon Township municipal sanitary sewer system; and

WHEREAS, the Township of Vernon and Mountain Creek Resorts, Inc. have analyzed the 2005 Agreement and concluded that the Agreement does not adequately address some financial issues and situations encountered in the initial operation of the newly completed municipal sanitary sewer system and that other portions of the Agreement are ambiguous; and

WHEREAS, both parties have concluded that it is in their best interests to restate the financial obligations of both parties to accurately reflect the realities of the projected financing of the municipal sanitary sewer system; and

WHEREAS, an Agreement has been negotiated and has been executed by Mountain Creek Resorts, Inc.

NOW THEREFORE IT BE RESOLVED by the Township Council of the Township of Vernon that the attached Sewer Financing Agreement is hereby approved and that the Mayor and the Clerk are authorized to execute the Agreement.

Resolution #12-157: Resolution Authorizing Fireworks to be Displayed on August 11, 2012, within the Township of Vernon

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

WHEREAS, Highland Lakes Country Club and Community Association has submitted an application to Vernon Township to conduct a fireworks display on August 11, 2012; and

WHEREAS, the proposed fireworks display will take place on Lakeside Drive East, a private road owned by Highland Lakes Country Club and Community Association; and

WHEREAS, the Highland Lakes Country Club and Community Association has 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 Country Club and Community Association on August 11, 2012 upon satisfaction of all statutory and departmental requirements.

Resolution #12-158: Authorizing the Application to the Governor’s Council on Alcoholism and Drug Abuse through the County of Sussex for the Municipal Alliance Grant for 2013 in the Amount of $20,467.00

WHEREAS, The Township of Vernon Council of the Township of Vernon, County of Sussex, State of New Jersey recognizes that the abuse of alcohol and drugs is a serious problem in our society amongst persons of all ages: and

WHEREAS, the Township of Vernon Council further recognizes that it is incumbent upon not only public officials but upon the entire community to take action to prevent such abuses in our community; and

WHEREAS, the Vernon Township Alliance Committee is eligible to apply for funding to the Governor’s Council on Alcoholism and Drug Abuse, through the Sussex County Department of Human Services, in the amount of $20,467.00 for alcohol and drug abuse prevention services.

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 Municipal Alliance grant for calendar year 2013 in the amount of $20,467.00.
2. The Township of Vernon acknowledges the terms and conditions for administering the Municipal Alliance grant, including the administrative compliance and audit requirements.

Resolution #12-159: Chapter 159 Resolution Requesting Approval of Revenue and Appropriation Amending the 2012 Budget as a Revenue and Appropriation of $721,400.00

WHEREAS, N.J.S.A. 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget; and

WHEREAS, said Director may also approve the insertion of an item of appropriation for an equal amount; and

WHEREAS, the Township has been awarded a $200,000.00 grant from the State of New Jersey Department of Transportation; and wishes to amend its 2012 budget for this amount as a revenue; and

WHEREAS, the Township has entered into an agreement with the County of Sussex calling for the County to provide aid in the amount of $521,400.00; and wishes to amend its 2012 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 2012 in the sum of $721,400.00 which is now available as a revenue from the New Jersey Department of Transportation and the County of Sussex; and

BE IT FURTHER RESOLVED that a like sum of $721,400.00 is hereby appropriated under the caption Rt 517/Maple Grange/Lounsberry Hollow Road Grant.

Resolution #12-160: Authorizing Contracts with Certain Approved Morris County Cooperative Pricing Council Vendors

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 MCCPC contracts;

WHEREAS, the Township intends to enter into contracts with the attached referenced MCCPC vendors through this resolution which shall be applicable to all the conditions applicable to current MCCPC contracts.

NOW THEREFORE BE IT RESOLVED, that the Township Council of the Township of Vernon, authorizes the Purchasing Agent to purchase certain goods and services from those approved MCCPC vendors on the attached list, pursuant to all conditions of the individual MCCPC contracts:

BE IT FURTHER RESOVLED, that the governing body of Vernon Township pursuant to NJAC 5:30-5.5(b), the certification of available funds, 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 RESOVLED, that the duration of the contracts between the Township of Vernon and the referenced MCCPC vendors shall be from January 1, 2012 to December 31, 2012; and

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

The Council President asked for a motion to approve Resolution #12-156.
Moved: Daniel Kadish
Second: Dick Wetzel

A roll call vote was taken:
Ayes: Eddie Dunn, Daniel Kadish, Dick Wetzel
Nays: None
Abstain: Brian Lynch
Absent: Patrick Rizzuto
Resolution #12-156 was approved.

Resolution #12-156: Approving Active Volunteer Fireman for Membership in the New Jersey State Firemen’s Association

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

WHEREAS, Jason R. Mahan, an active firefighter and member of the McAfee Volunteer Fire Department, is requesting approval to submit an application for membership to the New Jersey State Firemen’s Association.

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

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

Council President Lynch asked Mr. Kelly to explain this ordinance.

Mr. Kelly advised that the vacation of a road merely means that it was on the original developer’s documents but was never utilized by the municipality, thus becoming a “paper street.” At this time Vernon Township has no further use for this street and therefore it can be offered for sale to the adjoining properties.

The Council President asked for a motion to approve this ordinance on first reading.
Moved: Eddie Dunn
Second: Dick Wetzel

A roll call vote was taken:
Ayes: Eddie Dunn, Daniel Kadish, Dick Wetzel, Brian Lynch
Nays: None
Absent: Patrick Rizzuto
Ordinance #12-13 was approved on 1st reading.

Ordinance #12-13: An ordinance providing for the vacation of a public street known as Valley Drive North Road, or part thereof, pursuant to N.J.S.A. 40:49-6, N.J.S.A. 40:67-2 and N.J.S.A. 40:67-21 and releasing and extinguishing any public right therein

Council Comments

Council President Lynch thanked everyone for coming to the special work session last Saturday regarding Camp Sussex, and advised that another special meeting would be held soon.

The Council President also discussed the waiving of fees for non-profit organizations. Mr. Lynch would also like a work session regarding fee waiving; he stated that a policy is what should be discussed so there is consistency.

Council Member Kadish commented receiving a note from Warwick Valley Telephone reminding people not to post anything with staples or nails on utility poles.

Council Member Kadish spoke about the weeds overgrowing onto the Township roads. The Mayor reported that our mower was down awaiting a part to come in, but was now fixed and operational. He advised that the DPW would like to purchase another tractor for next year.

Council Member Dunn commented on the great attendance at last Saturday’s meeting regarding Camp Sussex. Mr. Dunn spoke about the recent break-ins in Highland Lakes and suggested the residents need to be diligent and report anything suspicious. He also suggested that they look out for each other.

Council Member Dick Wetzel stated that last Saturday’s meeting was beyond expectations, and complimented the Mayor for listening to the local businessmen regarding liquor licenses in this economy.

Adjournment

There being no further items of business to be conducted at the Regular Meeting, a motion for Adjournment was made by Council Member Kadish. Motion seconded by Council Member Dunn, with all members present voting in favor.

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

Respectfully submitted,
Andrea Bates
Deputy Municipal Clerk

Minutes approved: August 27, 2012