Minutes: February 25, 2013

The Regular Meeting of the Township Council of the Township of Vernon was convened at 7:30 p.m. on February 25, 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 Eddie Dunn, Daniel Kadish, Brian Lynch, Dick Wetzel, and Council President Patrick Rizzuto. Also present were Business Administrator Jerry Giaimis, and Township Attorney Kevin Kelly. Mayor Vic Marotta was absent.

Salute to the Flag

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

Public Comments

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

Jean Murphy—read a prepared statement about the previous fire prevention department vs. the current fire prevention office relative to inspections on resales.

Council President Rizzuto noted that these issues were not under the purview of the Council, but of an administrative nature. He recommended she should contact the Mayor.

Mary Ellen Vichiconti—gave handouts and read a statement on actions of the Council at a 2011 meeting relative to the $1,000,000 bond from Hurricane Irene, and the administrative code on forming committees.

Tom Van Gorder—gave his opinion on various issues of the Mayor and Council.

Gary Martinsen—discussed his opinions on various issues and resolutions.

Bonnie Rubin—addressed Council Member Lynch about a comment he had made at the last Council meeting on a lack of good/positive actions being published. She suggested putting the video of meetings on the website as had previously been suggested.

Justin Annunziata—(a high school student) noted the reduction in student population, and the continued increase in school budgets. He commended the Board of Education Liaison Committee for their efforts in combined budget concerns.

The Council President noted the issue raised at recent liaison meetings with the Board of Education was loss of assessed values.

Vicki Smith—spoke as a resident and a teacher, on the school budget issue of people wanting cuts, as the State has made significant reductions in state aid.

Council President Rizzuto clarified certain points made by Ms. Smith, advising that there was no intent to influence the Board of Education in any way.

Robert Oliver—spoke on the school budget as well.

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: Brian Lynch
Second: Eddie Dunn
All were in favor.

Mayor’s Report

There was no report at this time.

Approval of Minutes

February 4, 2013 Work Session Minutes

Moved: Dick Wetzel
Second: Daniel Kadish

A roll call vote was taken:
Ayes: Eddie Dunn, Daniel Kadish, Brian Lynch, Dick Wetzel, Patrick Rizzuto
Nays: None
Work Session Minutes of 2/4/13 were approved.

January 7, 2013 Work Session Minutes

Moved: Dick Wetzel
Second: Daniel Kadish

A roll call vote was taken:
Ayes: Eddie Dunn, Daniel Kadish, Brian Lynch, Dick Wetzel, Patrick Rizzuto
Nays: None
Work Session Minutes of 1/7/13 were approved.

Resolution for Discussion

#13-47 Opposing Senate Bill 2511—Amendments to Open Public Meetings Act

Motion was made to table Resolution #13-47 pending advice of Township Attorney.

Moved: Brian Lynch
Second: Eddie Dunn
All were in favor.
Resolution #13-47 was tabled at this time.

Consent Resolutions #13-48 through #13-57

Council President Rizzuto gave a brief explanation of all resolutions.

The Council President asked for a motion to approve Resolutions #13-48 through 13-57
Moved: Brian Lynch
Second: Dick Wetzel

Council Member Kadish asked for Resolution #13-54 to come out for a separate vote for the County transportation agreement. He questioned their billing for $15.00 one way regardless of the distance. Mr. Giaimis noted that residents are asked for a modest donation, but the Township is billed that specific amount.

Council Member Dunn asked if usage had gone up, and if it was worth the expense.

Mr. Giaimis felt that it was well worth it. He advised that usage actually had gone up: we were using about 5,000 trips per year and serving from 95-120 seniors/disabled residents.

Mr. Kadish asked if we received regular reports on the usage, and was advised that we received monthly reports.

Mr. Dunn wondered if a presentation by the Land Conservancy would be worth considering (Resolution #13-57). Mr. Rizzuto agreed that it would be a good idea, and explained the scope of their work.

Mr. Wetzel explained the scope of the work for the recording secretary’s position relative to her salary (in Resolution #13-53). Mr. Kadish asked that #13-53 be separated out instead.

Revised motion was made to approve Resolutions #13-48 through #13-52, and #13-54 through #13-57.

A roll call vote was taken:
Ayes: Eddie Dunn, Daniel Kadish, Brian Lynch, Dick Wetzel, Patrick Rizzuto
Nays: None
Resolutions #13-48 through 13-52, and #13-54 through #13-57 were approved.

Resolution #13-48: Cancellation of 2012 Municipal Alliance on Alcoholism and Drug Abuse Grant Receivable and Appropriation Balances

WHEREAS, there is a receivable with an offsetting appropriation from the State of New Jersey Municipal Alliance on Alcoholism and Drug Abuse Grant in the amount of $8.97, and

WHEREAS, this receivable is no longer collectible as revenue.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Vernon that the above-noted receivable and budget appropriations be cancelled.

Resolution #13-49: Authorizing the Cancellation of Appropriation Reserve Balances

WHEREAS, certain 2012 Appropriation Reserve Balances remain that are no longer needed; and

WHEREAS, a SNOW REMOVAL TRUST FUND was established by Resolution #07-68 and approved by the Division of Local Government Services on April 17, 2007, and is currently unfunded; and

WHEREAS, it is necessary to formally cancel said balances from appropriation reserves and fund the Snow Removal Trust Fund,

NOW THEREFORE, BE IT RESOLVED, by the Council of the Township of Vernon, that the following unexpended balances of the Appropriation Reserves be cancelled:

Resolution #13-50: Resolution Authorizing the Issuance of Not Exceeding $3,809,000 Bond Anticipation Notes of the Township of Vernon, in the County of Sussex, New Jersey

BE IT RESOLVED BY THE TOWNSHIP COUNCIL of the Township of Vernon, in the County of Sussex, New Jersey, as follows:

Section 1. Pursuant to a bond ordinance of the Township of Vernon, in the County of Sussex (herein called “local unit”) entitled: “Bond ordinance providing for the acquisition of sanitary sewerage collection and transmission facilities in and by the Township of Vernon, in the County of Sussex, New Jersey, appropriating $4,000,000 therefor and authorizing the issuance of $3,809,000 bonds or notes of the Township for financing such appropriation,” finally adopted on November 14, 2011 (#11-22), Bond Anticipation Notes of the local unit in a principal amount not exceeding $3,809,000 shall be issued for the purpose of temporarily financing the improvement or purpose described in Section 3 of said bond ordinance, including (to any extent necessary) the renewal of any Bond Anticipation Notes heretofore issued therefor.

Section 2. The following matters in connection with said Bond Anticipation Notes are hereby determined:

(a) All notes issued hereunder shall mature at such times as may be determined by the chief financial officer or the interim chief financial officer (the “chief financial officer”) of the local unit, provided that no note issued pursuant to Section 1 shall mature later than (i) one year from the date of the first such note issued pursuant to the respective ordinances referred to in said Sections, and (ii) three years from the date of the first note issued pursuant to each such respective ordinance unless the local unit shall have paid and retired amounts of such notes sufficient to allow it, in accordance with provisions of Section 40A:2-8 of the Local Bond Law, to renew a portion thereof beyond the third anniversary date of the first of such notes;

(b) All notes issued hereunder shall bear interest at such rate or rates as may be determined by the chief financial officer of the local unit; and

(c) The notes shall be in the form prescribed by resolution heretofore adopted by the governing body of this local unit determining the form of Bond Anticipation Notes issued pursuant to the Local Bond Law, and any such notes may be signed or sealed by officers of the local unit in any manner permitted by Section 40A:2-25 of said Local Bond Law notwithstanding that said form or resolution may otherwise provide.

Section 3. The chief financial officer of the local unit is hereby authorized and directed to determine all matters in connection with said notes not determined by this or a subsequent resolution, and the chief financial officer’s signature upon said notes shall be conclusive as to such determinations.

Section 4. The chief financial officer of the local unit is hereby authorized to sell said Bond Anticipation Notes from time to time at public or private sale in such amounts as the chief financial officer may determine at not less than par and to deliver the same from time to time to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their dates to the date of delivery thereof and payment therefor.

Section 5. Any instrument issued pursuant to this resolution shall be a general obligation of the local unit, and the local unit’s faith and credit are hereby pledged to the punctual payment of the principal of and interest on said obligations and, unless otherwise paid or payment provided for, an amount sufficient for such payment shall be inserted in the budget and a tax sufficient to provide for the payment thereof shall be levied and collected.

Section 6. The chief financial officer of the local unit is authorized and directed to report in writing to the governing body at the meeting next succeeding the date when any sale or delivery of notes pursuant to this resolution is made, such report to include the amount, description, interest rate and maturity of the notes sold, the price obtained and the name of the purchaser.

Section 7. The chief financial officer of the local unit is hereby authorized and directed to do all other matters necessary, useful, convenient or desirable to accomplish the delivery of said notes to the purchasers thereof as promptly as possible, including (i) the preparation, execution and dissemination of a Preliminary Official Statement and Final Official Statement with respect to said notes, (ii) preparation, distribution and publication, if necessary, of a Notice of Sale with respect to said notes, (iii) execution of a Continuing Disclosure Undertaking, with respect to said notes in accordance with Rule 15c2-12 promulgated by the Securities and Exchange Commission and (iv) execution of an arbitrage and use of proceeds certificate certifying that, among other things, the local unit, to the extent it is empowered and allowed under applicable law, will do and perform all acts and things necessary or desirable to assure that interest paid on said notes is not included in gross income under Section 103 of the Internal Revenue Code of 1986, as amended.

Section 8. This resolution shall take effect immediately.

Resolution #13-51: Authorizing the Cancellation of Outstanding Checks over Six Months Old to Municipal Cash Balances

WHEREAS, the Chief Financial Officer has determined that the following Township checks have been outstanding for a period in excess of six months:

THEREFORE, BE IT RESOLVED by the Township Council of the Township of Vernon that the above outstanding checks be restored to the Township cash balances.

Resolution #13-52: Rescind Resolution #13-30

WHEREAS, the governing body of the Township of Vernon adopted Resolution #13-30 to renew the existing contract with Aida Cahill for 2013 Recording Secretary for the Environmental Commission on January 31, 2013; and

WHEREAS, Ms. Cahill subsequently tendered her resignation from the Township on February 5, 2013.

NOW THEREFORE BE IT RESOLVED by the governing body of the Township of Vernon that Resolution #13-30 be hereby rescinded and vacated.

Resolution #13-54: Authorizing an Agreement with the County of Sussex, Department of Human Services, Division of Social Services, for Transportation Services for Senior Citizens and People with Disabilities Who Reside in Vernon Township from January 1, 2013 through December 31, 2015 in the Amount of $50,000.00 Per Year

WHEREAS, the County of Sussex (hereinafter the County) operates a coordinated, countrywide transportation system and desires to improve paratransit service coverage to the outlying areas of its geographic boundaries; and

WHEREAS, the Township of Vernon (hereinafter the Township) desires transportation for its senior citizens and people with disabilities as per the service agreement; and

WHEREAS, the term of the agreement will be in effect beginning January 1, 2013 and terminating on December 31, 2015; and

WHEREAS, the cost of these services will not exceed $50,000.00 per year; and

WHEREAS, the Chief Financial Officer has certified the funds for 2013 subject to the adoption of the 2013 Municipal Budget and will certify funds for 2014 and 2015 upon adoption of the respective budgets.

NOW THEREFORE BE IT RESOLVED, the 25th day of February, 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 the County of Sussex for the purpose of Transportation for Senior Citizens and People with Disabilities in accordance with the attached agreement; and
2. The Mayor and Township Clerk are hereby authorized and directed to execute an Agreement with the County of Sussex, State of New Jersey.

Resolution #13-55: Awarding a Contract to Baldwin Sand and Gravel to Supply the Township with Road Grits During 2013

WHEREAS, the Township of Vernon has a need to purchase road grits for the safety of its streets and roads; and

WHEREAS, the Township desires to use Baldwin Sand and Gravel, Inc., 458 Route 94, Vernon, New Jersey, whose proposal provides the most cost effective way to procure grits for the Township; and

WHEREAS, the Township could have secured grits via the Sussex County Cooperative which received responses for a competitive sealed bid for road grits to be picked up by Township employees at a low bid price of $7.74 per ton; and

WHEREAS, Baldwin Sand and Gravel has provided the Township with a quote to deliver grits to the Township for $10 per ton; and

WHEREAS, Baldwin’s delivered cost per ton is less than the Sussex County Cooperative’s cost per ton plus additional costs the Township would have incurred by using its fleet and employees to pick-up these grits; and

WHEREAS, the Qualified Purchasing Agent recommends that Baldwin Sand and Gravel be awarded a contract to deliver grits to the Township.

NOW THEREFORE BE IT RESOLVED, by the Township Council of the Township of Vernon, that the vendor, Baldwin Sand and Gravel, be utilized to purchase road grits, in accordance with the attached quote in the amount not to exceed $26,000.00, and the Chief Financial Officer has certified this amount in account #10576561; and

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

Resolution #13-56: Authorizing the Award of a License and Maintenance Contract Renewal with Gold Type Business Machines for Its Info Cop Data Sharing Service for the Township Police Department

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

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

WHEREAS, the Police Chief recommends that a license and maintenance renewal contract for 2013 be awarded to Gold Type Business Machines, 351 Peterson Avenue, East Rutherford, NJ 07073, at the price of $4,175.00.

NOW, THEREFORE BE IT RESOLVED by the Vernon Township Council, County of Sussex, State of New Jersey to award a license and maintenance contract renewal for 2013 to Gold Type Business Machines to provide a data sharing service for the Township’s Police Department.

This Resolution shall take effect immediately according to law.

Resolution #13-57: Authorizing a Contract with the Land Conservancy of New Jersey for Open Space Advisory Consultant Services in the Amount Not to Exceed $13,000.00

WHEREAS, there is a need by Vernon Township to retain a Consultant to provide Open Space Advisory Services; and

WHEREAS, The Land Conservancy of New Jersey has submitted a proposal, dated February 5, 2013, to provide the above-mentioned services for Vernon Township; and

WHEREAS, The Land Conservancy of New Jersey is a non-profit organization whose mission is to preserve and protect open space for natural, historic, agricultural, and recreational purposes and to assist municipalities in the stewardship of open space lands; and

WHEREAS, the purpose of this agreement is to assist the Township Council and the Environmental Commission with a variety of open space services, including (but not limited to) landowner negotiations and the preparation of grant applications as may be required with regard to the possible acquisition of open space and farmland; and

WHEREAS, the term of the agreement shall be for a twelve (12) month period commencing on April 11, 2013 through April 10, 2014; and

WHEREAS, the Chief Financial Officer has certified funds in an amount not to exceed $13,000.00 subject to the adoption of the 2013 municipal budget; and

WHEREAS, Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq) requires that a Resolution authorizing the award of a contract without competitive bids must be publicly advertised; and

WHEREAS, The Land Conservancy of New Jersey, has submitted a Business Entity Disclosure Certification in compliance with the law.

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

1. A contract shall be awarded by the Township of Vernon, New Jersey for services herein specified to the Land Conservancy of New Jersey, Boonton, NJ.
2. The cost of said agreement shall not exceed a total of $13,000.00.
3. That a copy of the Business Entity Disclosure Certification be filed with this Resolution.

The Council President asked for a motion to approve Resolution #13-53.
Moved: Dick Wetzel
Second: Brian Lynch

A roll call vote was taken:
Ayes: Eddie Dunn, Brian Lynch, Dick Wetzel, Patrick Rizzuto
Nays: None
Abstain: Daniel Kadish
Resolution #13-53 was approved.

Resolution #13-53: Authorizing the Contract for 2013 Recording Secretary for the Environmental Commission in the Amount Not to Exceed $1,000.00

WHEREAS, there exists a need for a Recording Secretary for the Environmental Commission for the year 2013; and

WHEREAS, Vernon Township desires to enter into a contract with Jessi Paladini for the term February 19, 2013 - December 31, 2013 with a contract price not to exceed $1,000.00; and

WHEREAS, the Chief Financial Officer has certified that funds are available for this purpose subject to the adoption of the 2013 Municipal Budget.

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

1. The Township of Vernon is authorized to enter into a contract with Jessi Paladini for 2013 Recording Secretary for the Environmental Commission.
2. The Mayor and Township Clerk are hereby authorized and directed to execute the attached contract with Jessi Paladini.

A copy of this Resolution shall be published in the New Jersey Herald by the Township Clerk as required by law and a true copy of same and the Contract shall be available for inspection in the office of the Township Clerk.

Exhibit A
Environmental Commission

1. Setup recording system on meeting room computer.
2. Attend Environmental Commission meetings.
3. Prepare and distribute meeting minutes.

Ordinances

2nd Reading of Ordinance #13-01 by Title Only

Council President Rizzuto asked for a motion to adopt Ordinance #13-01 on 2nd reading by title only.
Motion: Brian Lynch
Second: Eddie Dunn

Public Hearing on Ordinance #13-01 Only

Council President Rizzuto asked for a motion to open the meeting to public comments on Ordinance #13-01 only at this time.
Moved: Brian Lynch
Second: Eddie Dunn
All were in favor.

There was no one who wished to speak at this time.

Closed to Public Comments on Ordinance #13-01

Council President Rizzuto asked for a motion to close the public comments on Ordinance #13-01.
Moved: Daniel Kadish
Second: Brian Lynch
All were in favor.

Council Member Daniel Kadish asked what kind of vehicles were being considered. Council Member Lynch advised that they were pursuit-rated vehicles. Mr. Kadish inquired why this wasn’t part of the regular operating expenses. Mr. Giaimis advised that they had a longer life and that SUVs can’t be included in general operating expenses.

A roll call vote was taken:
Ayes: Eddie Dunn, Daniel Kadish, Brian Lynch, Dick Wetzel, Patrick Rizzuto
Nays: None
Ordinance #13-01 was adopted.

Ordinance #13-01: Ordinance Providing for Various Improvements or Purposes to be Undertaken by the Township of Vernon in the County of Sussex, New Jersey, Appropriating $100,000 Therefor, Constituting Proceeds of Obligations of the Township Heretofore Issued

2nd Reading of Ordinance #13-02 by Title Only

Council President Rizzuto asked for a motion to adopt Ordinance #13-02 on 2nd reading by title only.
Motion: Brian Lynch
Second: Daniel Kadish

Public Hearing on Ordinance #13-02 Only

Council President Rizzuto asked for a motion to open the meeting to public comments on Ordinance #13-02 only at this time.
Moved: Brian Lynch
Second: Eddie Dunn
All were in favor.

Gary Martinsen—thought this mower was very important for visibility.

Mary Ellen Vichiconti—was happy this was being done, but notices the weeds don’t get picked up after they’re cut.

Council Member Kadish noted that this type of mower mulches as it cuts.

Closed to Public Comments on Ordinance #13-02

Council President Rizzuto asked for a motion to close the public comments on Ordinance #13-02.
Moved: Brian Lynch
Second: Eddie Dunn
All were in favor.

Council had no questions at this time.

A roll call vote was taken:
Ayes: Eddie Dunn, Daniel Kadish, Brian Lynch, Dick Wetzel, Patrick Rizzuto
Nays: None
Ordinance #13-02 was adopted.

Ordinance #13-02: Capital Ordinance of the Township of Vernon in the County of Sussex, New Jersey, Authorizing the Purchase of Right Side Mounted Flail Mower, Appropriating Therefore the Sum of $35,000.00 and Providing that Such Sum So Appropriated Shall be Raised from the Capital Improvement Fund of the Township

Council Business

Council Member Wetzel complimented the architect that designed the McAfee Dollar Store, noting it was beautiful. He advised that the Historical Society had an excellent presentation last Sunday on the history of Highland Lakes. He assured the residents that the Beautification Comm. is a live issue on the Council.

Council Member Lynch apologized for laughing earlier at Ms. Smith’s comments. He explained that when she felt he had made a threat, he found that humorous. He has no desire to take money away from children’s education. (Ms. Smith appreciated his apology.)

Council Member Dunn advised there was an Economic Development Advisory Committee meeting on March 4 at 6:30 p.m.

Council Member Kadish spoke about his experiences on previous committees. He felt the Township Council needs more reports from committees. He noted that the entrance to the toboggan area at Mr. Creek was no longer locked due to a restricted area, leaving an open area where traffic is going by. He advised that he saw many customers at Mt. Creek walking on the highway.

Council President

Council President Rizzuto noted the following items:

• He received a letter from the Mayor in response to a request from Council for a reporting of Hurricane Irene costs and FEMA reimbursements.
• He advised that he agreed with others that this report had not been necessary as the Mayor is always available for any clarifications if needed.
• He and Council Member Wetzel attended a seminar on the prior Saturday relative to municipal issues.

Adjournment

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

The Regular Meeting of the Township Council of the Township of Vernon was adjourned at 8:43 p.m.

Respectfully submitted,
Susan S. Nelson, RMC
Municipal Clerk

Minutes approved: May 13, 2013