Minutes: October 22, 2012

The Regular Meeting of the Township Council of the Township of Vernon was convened at 7:30 p.m. on October 22, 2012, in the Vernon Township Municipal Building, 21 Church Street, Vernon, New Jersey.

Statement of Compliance

Adequate notice of this meeting had been provided to the public and the press on January 9, 2012, and was posted on the bulletin board in the Municipal Building in accordance with the Open Public Meetings Act, N.J.S.A. 10:4-6.

Roll Call of Members

Present were Council Members Eddie Dunn, Daniel Kadish, Patrick Rizzuto, Dick Wetzel, and Brian Lynch. Also present were Mayor Vic Marotta, Business Administrator Jerry Giaimis, and Township Attorney Kevin Kelly.

Salute to the Flag

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

Public Comments

Council President Lynch asked for a motion to open the meeting to public comments at this time.
Moved: Patrick Rizzuto
Second: Daniel Kadish
All were in favor.

Gary Martinsen—gave the public an update on Township Council meetings on his website: the meeting of 8/13 had 37 viewers; the 8/27 meeting had 65 viewers; the 9/10 and 9/24 meetings had 7 viewers each; and the 10/11 meeting had 95 viewers for the entire meeting, and 694 people viewed at least a part of the meeting.

Sally Rinker—asked about the Developer’s Agreement for Main Street Associates. She read a letter that had been sent on August 10, 2012, from Kevin Kelly to Mr. Stein. Mr. Kelly responded, noting that Council meetings were not the forum for OPRA issues and would be addressed in the proper forum. Ms. Rinker made reference to the ballot question on the salary increases, addressing each Council Member individually. At the end of her five (5) minute allotted time, she was asked to allow others a chance to be heard.

Robert Oliver—addressed the ballot question as well, focusing on budget issues and acknowledging the municipal tax reduction for the first year. He recognized the efforts of the EDAC, and asked for a long-term financial plan.

Mary Ellen Vichiconti—addressed an issue she was upset about on what the Mayor had said in a newspaper article, feeling it deserved a public apology.

Lynn Van Gorder—thanked Gary Martinsen for posting the Council meeting videos.

Closed to Public Comments

Council President asked for a motion to close the public portion of the meeting.
Moved: Dan Kadish
Second: Dick Wetzel
All members present were in favor.

Mayor’s Report

Mayor Marotta noted that all had been given copies of the 2012 NJ State Best Practices Worksheet as submitted to the State, and that it will also be posted on the website.

Approval of Minutes

Regular Meeting Minutes of October 11, 2012

Moved: Daniel Kadish
Second: Dick Wetzel

A roll call vote was taken:
Ayes: Eddie Dunn, Daniel Kadish, Patrick Rizzuto, Dick Wetzel, Brian Lynch
Nays: None
Abstain: None
The regular meeting minutes of 10/11/12 were approved.

Consent Agenda—Resolutions #12-196 through #12-208

Council President Lynch gave a brief explanation of each resolution.

Mr. Lynch asked for a motion adopting Resolutions #12-196 through #12-208.
Moved: Patrick Rizzuto
Second: Dick Wetzel

Council Member Kadish asked to verify that the change was made to correct the typo on Resolution #12-202. Mr. Lynch gave Mr. Kadish a copy of the corrected Resolution.

A roll call vote was taken:
Ayes: Eddie Dunn, Daniel Kadish, Patrick Rizzuto, Dick Wetzel, Brian Lynch*
Nays: None
Abstain: * Current check #37923, 37924, 37925, 37930, 37931, 37936, 37942, 37953, 37957, 37978, 37981, 37987, Capital check #2856, Other Trust check #976
Resolutions #12-196 through #12-208 were adopted.

Resolution #12-196: Authorizing the Approval of Bills List

BE IT RESOLVED THAT THE FOLLOWING BILLS LISTED ARE HEREBY APPROVED:

Resolution #12-197: Approval to Submit a Grant Application and Execute a Grant Contract with the New Jersey Department of Transportation for the Breakneck Road—Phase I Project

NOW, THEREFORE, BE IT RESOLVED that the Vernon Township Council of the Township of Vernon, County of Sussex, State of New Jersey formally approves the grant application for the above stated project; and

BE IT FURTHER RESOLVED that the Mayor and Municipal Clerk are hereby authorized to submit an electronic grant application identified as MA-2013-Vernon Township-00217 to the New Jersey Department of Transportation on behalf of Vernon Township; and

BE IT FURTHER RESOLVED that the Mayor and Municipal Clerk are hereby authorized to sign the grant agreement on behalf of Vernon Township and that their signatures constitute acceptance of the terms and conditions of the grant agreement and approve the execution of the grant agreement.

Resolution #12-198: Authorizing Change Order #1 to Denville Line Painting for the Canistear Road Phase II Project

WHEREAS, the Township of Vernon awarded a contract for the Canistear Road Phase II project, via resolution 12-139, to Denville Line Painting for $11,544.40; and

WHEREAS, the quantity of items that were originally awarded are not needed, totaling $1,003.24; and

WHEREAS, according to NJAC 5:30-1.3, the total amount of all change orders may not exceed 20 percent of the original contract award; and

WHEREAS, this change order does not exceed the 20 percent threshold as it is a reduction in the original contractual award; and

WHEREAS, the Township Engineer recommends that this change order be approved per the attached request; and

NOW THEREFORE BE IT RESOLVED, by the Township Council of the Township of Vernon, that this change order be approved; and

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

Resolution #12-199: Authorizing Change Order #1 to the M.L Ruberton Construction Company for the Canistear Road Phase II Project

WHEREAS, the Township of Vernon awarded a contract for the Canistear Road Phase II project, via resolution 12-139, to the M.L. Ruberton Construction Company for $67,437.52; and

WHEREAS, additional items that were not originally awarded are needed, totaling $4,203.65; and

WHEREAS, according to NJAC 5:30-1.3, the total amount of all change orders may not exceed 20 percent of the original contract award; and

WHEREAS, this change order does not exceed the 20 percent threshold; and

WHEREAS, the Township Engineer recommends that this change order be approved per the attached request; and

NOW THEREFORE BE IT RESOLVED, by the Township Council of the Township of Vernon, that this change order be approved; and

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

Resolution #12-200: Authorizing Change Order #1 to Tilcon New York, Inc. for the Canistear Road Phase II Project

WHEREAS, the Township of Vernon awarded a contract for the Canistear Road Phase II project, via resolution 12-139, to Tilcon New York, Inc. for $327,719.00; and

WHEREAS, as-built quantities that were originally awarded have changed, totaling $8,221.55; and

WHEREAS, according to NJAC 5:30-1.3, the total amount of all change orders may not exceed 20 percent of the original contract award; and

WHEREAS, this change order does not exceed the 20 percent threshold, as it is a reduction; and

WHEREAS, the Township Engineer recommends that this change order be approved per the attached request.

NOW THEREFORE BE IT RESOLVED, by the Township Council of the Township of Vernon, that this change order be approved; and

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

Resolution #12-201: Authorizing a Contract with Municipal Software Inc. to Maintain the Township’s Accounting Software for 2012

WHEREAS, the Township of Vernon has a need to maintain its accounting software; and

WHEREAS, Municipal Software Inc. supplied the original accounting software to the Township and has the expertise to maintain said program; and

WHEREAS, the Purchasing Agent and Finance Director recommend that the Township Council award a contract to maintain the Township’s accounting software to Municipal Software, 9 South Dartmouth, Building #3, 2nd Floor, Marshalls Creek PA 18335; and

WHEREAS, the total cost for this annual maintenance contract is $7,501.20 and the Chief Financial Officer, of the Township of Vernon, has certified these funds are available in accounts #10570522.

NOW THEREFORE BE IT RESOLVED, by the Township Council of the Township of Vernon, that the vendor, Municipal Software Inc., be awarded a contract to maintain the Township’s accounting software in an amount not to exceed $7,501.20; and

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

Resolution #12-202: Authorizing Contracts with Certain Approved State Contract Vendors.

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 the attached referenced state vendors through this resolution and properly executed contracts, which shall be applicable to all the conditions applicable to current state 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 state vendors on the attached list, 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, 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 State of New Jersey 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.

Resolution #12-203: Amending Resolution #12-126: Acceptance of 2012 Recreational Opportunities for Individuals with Disabilities (ROID) Grant

WHEREAS, the Township of Vernon, per Resolution #11-106 made application to the New Jersey State Department of Community Affairs to obtain a grant for 2012 to provide therapeutic horseback riding Recreational Opportunities for Individuals with Disabilities (ROID); and

WHEREAS, the New Jersey Department of Community Affairs has awarded the Township of Vernon for the term January 1, 2012 through June 30, 2012 the amount of $5,000.00 State Share with $1,000.00 local share for a total contract of $6,000.00 to provide therapeutic horseback riding recreational opportunities for people with disabilities; and

WHEREAS, the Township Council of the Township of Vernon accepted the terms and obligations of the Grant/Loan Agreement from the New Jersey Department of Community Affairs ROID Grant, for the term January 1 through June 30, 2012, in the amount of $5,000.00 with a $1,000.00 local share as per Resolution #12-126; and

WHEREAS, the New Jersey Department of Community Affairs has revised their agreement 2012-05157-0345-00 dated July 18, 2012 with revision 2012-05157-0345-01 dated October 5, 2012, changing the grant/loan award period to January 1, 2012, through December 31, 2012.

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Vernon hereby accepts the Grant/Loan Agreement Revision 2012-05157-0345-01 for the entire calendar year 2012; and

BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded to the Department of Community Affairs Division of Housing and Community Resources Grant Production Unit and the Vernon Township Chief Finance Officer and Director of Community Affairs.

Resolution #12-204: Authorizing a Contract with CIT Finance LLC to Lease Telecommunications Equipment for the Township

WHEREAS, the Township of Vernon has a need to lease the telecommunications equipment it is purchasing; and

WHEREAS, this equipment is being purchased from Strategic Products and Services who is a certified dealer for a state contracted vendor AVAYA; and

WHEREAS, AVAYA has a financial services department that leases equipment through CIT Finance LLC and charges an interest rate of 7.99%, and the Township will own this equipment at the end of the 5-year lease; and

WHEREAS, the total cost of the interest payments (about $10,500) is below the bid threshold ($26,000) but greater than the quotation threshold ($3,900); and

WHEREAS, 40A: 11-6 et seq. provides that quotes, when practical, should be taken for items or services that fall between the aforementioned bid and quote thresholds; and

WHEREAS, the Purchasing Agent has reviewed the interest rate charged by CIT Finance LLC and determines that this rate is relatively reasonable, and it is also impractical to obtain a quote from another leasing agent as AVAYA only leases its equipment through CIT Finance LLC.

NOW THEREFORE BE IT RESOLVED, by the Township Council of the Township of Vernon, that it enter into a lease agreement with CIT Finance LLC, 1021 Centurion Parkway North #100, Jacksonville, Florida 32256; and

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

Resolution #12-205: Omitted Disabled Veteran for 2011

WHEREAS, the Tax Assessor/Tax Collector has remitted a Veteran Deduction for the year 2010; and

WHEREAS, the 2011 Veteran Deduction was erroneously omitted from the 2011 Tax Duplicate due to a computer glitch.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Vernon, County of Sussex, State of New Jersey, hereby authorize the Tax Collector to remit said 2011 Veteran Deduction on the following account; and

BE IT FINALLY RESOLVED, that a certified copy of this Resolution be forwarded to the Tax Collector.

Resolution #12-206: Omitted Disabled Veteran for 2012

WHEREAS, the Tax Assessor/Tax Collector has remitted a Veteran Deduction for the year 2010; and

WHEREAS, the 2012 Veteran Deduction was erroneously omitted from the 2012 Tax Duplicate due to a computer glitch.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Vernon, County of Sussex, State of New Jersey, hereby authorize the Tax Collector to remit said 2012 Veteran Deduction on the following account; and

BE IT FINALLY RESOLVED, that a certified copy of this Resolution be forwarded to the Tax Collector.

Resolution #12-207: Total Disabled Veteran

WHEREAS the Department Of Veterans Affairs on October 2, 2012, awarded John F McGowan a 100% permanent and total disabled veteran; and

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

NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the Township of Vernon authorizes the Tax Collector to cancel the taxes for 2012, 4th quarter in the amount of $1,738.73 Re: Block 230.26 Lot 17 Location 64 Woodland Drive; and

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

Resolution #12-208: Amend Resolution #12-179 Total Disabled Veteran

WHEREAS the Department of Veterans Affairs on January 26, 2012, awarded William F. Jackson a 100% permanent and total disabled veteran; and

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

WHEREAS, the Council of the Township of Vernon authorized the Tax Collector to cancel the taxes for 2012 in the amount of $4,784.78 and refund the payment made in the amount of $1,602.97 to Jackson, William F. & Darlene J. Re: Block 154.20 Lot 4 Location 35 Lakeside Dr. as per Resolution #12-179; and

WHEREAS, the Tax Collector has been advised that Mr. Jackson is now deceased.

NOW THEREFORE, BE IT RESOLVED that the Council of the Township of Vernon authorize the refund payment of $1,602.97 be made payable to Darlene J. Jackson; and

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

Council President

Council President Lynch had nothing to report.

Council Comments

Council Member Wetzel advised that there were 3 dates of note before the next Council meeting: Halloween—he advised people to be careful of children on the streets; Election Day, November 6, he wished all candidates luck; and changing of the clocks back an hour on Saturday/Sunday November 3/4.

Council Members Rizzuto and Kadish had nothing to report.

Council Member Dunn thanked the 5 businesses and Gary Martinsen for attending the EDAC meeting last week. He looked forward to more improvements going forward. Mr. Dunn stressed the importance of employment for returning veterans citing various statistics for veteran’s unemployment. He advised that any businesses looking to hire veterans could contact him for information. (His email address is This email address is being protected from spambots. You need JavaScript enabled to view it..)

Council President Lynch asked the Council and/or Mayor to consider sending a letter of thanks to Ken Keiffer, who is the coordinator for all fire prevention activities at the schools.

Adjournment

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

The Regular Meeting of the Township Council of the Township of Vernon was adjourned at 7:58 p.m.

Respectfully submitted,
Susan S. Nelson, RMC
Municipal Clerk

Minutes approved: November 26, 2012