Minutes: October 17, 2013

The Regular Meeting of the Township Council of the Township of Vernon was convened at 7:30 p.m. on Thursday, October 17, 2013 in the Vernon Municipal Center, 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 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. 10:4-7.

Roll Call of Members

Present were Council Members Daniel Kadish, Brian Lynch, Dick Wetzel, and Council President Patrick Rizzuto. Also present were Mayor Vic Marotta, CFO Elke Yetter, and Township Attorney Kevin Kelly. Council Member Eddie Dunn was absent.

Salute to the Flag

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

Proclamation

Council President Rizzuto noted that he attended a ceremony on Monday night hosted by the firefighters in town, and that many of those honored are no longer with us. He pointed out that they perform an essential service, and that it may seem that they are not appreciated. However, he noted that this Council certainly does appreciate all their efforts, which is why the Council has attended many events these past 2 years in support of those efforts. The Council President read the proclamation:

WHEREAS, being a firefighter is a very satisfying profession that is highly respected by children and adults alike; and

WHEREAS, firefighters stand for all that is good in our society which is why they are one of the few occupations to be welcomed into your homes without an appointment; and

WHEREAS, communities rely on their firefighters to solve many types of problems ranging from fires, floods, traffic accidents, and hazardous materials incidents, and more; and

WHEREAS, firefighters go through a rigorous training program so they can follow their dreams to serve their communities with the knowledge that the other members of their team have been equally trained and will look out for each other; and

WHEREAS,; despite human instinct to run away from a fire for fear of being injured, firefighters are the only ones who run towards a burning building as they are willing to risk their lives for complete strangers regardless of race, creed, color, or socioeconomic status; and

WHEREAS, Bells Across America was held during National Fallen Firefighters Memorial Weekend held on October 5 and 6 to honor those fallen heroes who have made the ultimate sacrifice; and

WHEREAS, Vernon Township has been fortunate to not lose any firefighters in the line of duty while serving with our fire departments: Highland Lakes, McAfee, Pochuck Valley, and Vernon.

NOW THEREFORE BE IT RESOLVED, by the Mayor and Council of the Township of Vernon that it does hereby recognize all Fallen Firefighters.

The Council President asked for a motion approving the Fallen Firefighters Proclamation:
Moved: Daniel Kadish
Second: Dick Wetzel
All members present were in favor.

Public Comments

Council President Rizzuto asked for a motion to open the meeting for public comment.
Moved: Brian Lynch
Second: Daniel Kadish
All members present were in favor.

Angie Metler—Executive Director of the Bear Education Center—spoke about the black bears. She proposed a no-cost opportunity to have a statue of a black bear donated to the town. She introduced Adam Kovatz, a local sculptor, who would like to create a life-sized statue that could be placed in the front of the Municipal Center. Ms. Metler showed the Council pictures of where it could be placed and asked for Council’s approval to move forward with the project.

Council President Rizzuto felt that a discussion could be scheduled.

Mayor Marotta noted that he had met with this organization and was very impressed. He felt the bear would be a good idea.

Council Member Lynch asked for time to comment at the end of the meeting, so as to move the public comments session along.

Jessi Paladini—agreed with the idea of the bear, and supported the idea to have the statue placed at town hall. She commended Mr. Rizzuto, the Council, and the Mayor for how meetings have been run.

Council members asked many questions of Mr. Kovatz, including size, composition of the statue, maintenance of the statue, placement, and overall appearance. In general, they were in agreement that it was a great idea.

Beverly Budz—noted that the Environmental Commission had voted in full support of this project, with a timeframe sometime in the spring.

Motion

The Council President asked for a motion to approve construction of a life-sized black bear created by Adam Kovatz to be placed in front of the Municipal Center.
Moved: Brian Lynch
Second: Dick Wetzel
All members present were in favor.

Closed to Public Comments

Seeing no one else from the public wishing to speak, Council President Rizzuto asked for a motion to close the public comment portion of the meeting.
Moved: Brian Lynch
Second: Dick Wetzel
All members present were in favor.

Mayor’s Comments

Mayor Marotta reported on the following items:

• He noted that this afternoon the Highlands Council had approved Vernon’s Planning Assistance Grant application for $40,000.00, and that the project to study the transfer of development rights would begin immediately.
• We will be a receiver district of development rights, and we will only accept development rights that are purchased in Vernon Township.

Council President Rizzuto advised that the Mayor’s presentation to the Highlands Council was impressive, as he stressed to them that it must be for the benefit of the land owners in Vernon.

Best Practices

Elke Yetter, CFO, explained about the Best Practices Worksheet, its requirements, and the topics covered. She noted that we had 84% positive responses which means we will receive 100% of the allotted state aid. Bill Zuckerman, Business Administrator and former CFO, advised that he had discussed the worksheet with Ms. Yetter noting that they had to review the questions very carefully to respond appropriately. He noted that due to the way some questions were worded, it resulted in a negative response.

The Council President gave an example: they asked if Council was required to attend seminars. In fact, the Council is not required to attend them, but are certainly encouraged to do so. However, as there is no requirement, the answer to that question is “no.” He gave an example of how having attended a seminar benefitted the town when he served on the Board of Education.

Mr. Rizzuto thanked Ms. Yetter.

Mayor Marotta asked if a Council vote was required on the Best Practices Worksheet. (It was not. The State required that the Council receive the report and have the opportunity to discuss it.)

Approval of Minutes

The Council President asked for a motion to approve the Correction of the September 9, 2013 Regular Meeting minutes:
Moved: Brian Lynch
Second: Daniel Kadish

A roll call vote was taken:
Ayes: Dan Kadish, Brian Lynch, Dick Wetzel, Patrick Rizzuto
Nays: None
Absent: Eddie Dunn
The correction of the minutes from the Regular Meeting of September 9, 2013 were approved.

The Council President asked for a motion to approve the September 23, 2013 Executive Session minutes:
Moved: Daniel Kadish
Second: Brian Lynch

A roll call vote was taken:
Ayes: Dan Kadish, Brian Lynch, Dick Wetzel, Patrick Rizzuto
Nays: None
Absent: Eddie Dunn
The minutes from the Executive Session of September 23, 2013 were approved.

The Council President asked for a motion to approve the September 23, 2013 Regular Meeting minutes:
Moved: Brian Lynch
Second: Daniel Kadish

A roll call vote was taken:
Ayes: Dan Kadish, Brian Lynch, Dick Wetzel, Patrick Rizzuto
Nays: None
Absent: Eddie Dunn
The minutes from the Regular Meeting of September 23, 2013 were approved.

Consent Agenda

Council President Rizzuto asked to separate out Resolution #13-190 as it had been tabled at the last meeting. Ms. Nelson noted that the previous resolution had been tabled, but that this was a whole new resolution as a result of some new information.

Mr. Rizzuto asked for a motion to approve Resolution #13-190:
Moved: Brian Lynch
Second: Daniel Kadish

A roll call vote was taken:
Ayes: Daniel Kadish, Brian Lynch, Dick Wetzel, Patrick Rizzuto
Nays: None
Absent: Eddie Dunn
Resolution #13-190 was adopted.

Resolution #13-190: Release of Performance Guarantee for Mitelin Motors, Inc.

WHEREAS, Mitelin Motors, Inc. did post an Irrevocable Standby Letter of Credit from Lakeland Bank, #630061745 dated March 15, 2013, in the amount of $29,040.00; and

WHEREAS, Mitelin Motors, Inc. has requested the release of the $29,040.00 performance guarantee; and

WHEREAS, the Township Engineer, Cory Stoner, has no objection to the Township releasing the Irrevocable Standby Letter of Credit; and

WHEREAS, the Township Engineer, Cory Stoner, has reviewed the updated as-built drawing and inspected the site, and deems the project fully complete.

NOW THEREFORE, BE IT RESOLVED by the Township Council that the Municipal Clerk shall return the Lakeland Bank Irrevocable Standby Letter of Credit for $29,040.00.

The Council President explained Resolutions #13-191 through 13-199. Council Member Kadish asked to separate out #13-197.

Mr. Rizzuto asked for a motion to approve Resolutions #13-191 through 13-196, 13-198 and 13-199:
Moved: Daniel Kadish
Second: Patrick Rizzuto

A roll call vote was taken:
Ayes: Daniel Kadish, Brian Lynch*, Dick Wetzel, Patrick Rizzuto
Nays: None
Abstain: *Brian Lynch on #13-199 only
Absent: Eddie Dunn
Resolutions #13-191 through 13-196, 13-198 and 13-199 were adopted.

Resolution #13-191: Authorizing the Release of a Performance Bond for Colonial Developers PB #8-02-12

WHEREAS, Colonial Developers posted a Performance Bond #5020404 from Bond Safeguard Insurance Company; and

WHEREAS, the Township Council authorized a reduction of the Performance Bond #5020404 from $590,353.92 to $319,177.80 by Resolution #09-119 on July 23, 2009; and

WHEREAS, the NJ DEP issued a stop-work-order in 2007 barring any site construction; and

WHEREAS, Colonial Developers has been involved in litigation with the NJ DEP to resolve this issue; and

WHEREAS, Colonial Developers has made a request for the bond to be released; and

WHEREAS, the Vernon Township Engineer has reviewed said request and approved the bond release as contained in a memorandum to the Land Use Board, dated August 29, 2013.

NOW THEREFORE BE IT RESOLVED, by the Township Council of the Township of Vernon, County of Sussex, that it hereby approves and authorizes that the performance bond issued by the Bond Safeguard Insurance Company is to be released; and

BE IT FURTHER RESOLVED, that a new performance bond will need to be posted in the future once all approvals are obtained and before any construction work can begin.

Resolution #13-192: 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 vendor(s) through this resolution, which shall be applicable to all the conditions of 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 vendor(s) on the below 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), states that the Chief Finance Officer shall either certify the full maximum amount against the budget at the time a contract is awarded, or no contract amount shall be chargeable or certified until such time as the goods or services are ordered or otherwise called for prior to placing the order, and a certification of availability of funds is made by the Chief Finance Officer; and

BE IT FURTHER RESOLVED, that the duration of the contracts between the Township of Vernon and the referenced state vendors shall be from January 1, 2013 to December 31, 2013; and

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

Resolution #13-193: Authorizing Change Order #2 to Reivax Contracting Corp. for Drainage Improvements to Various Streets in Vernon Valley Lake

WHEREAS, the Township of Vernon awarded a contract for drainage improvements to various streets in Vernon Valley Lake via resolution #12-194 to Reivax Contracting Corp. for $381,735.00; and

WHEREAS, the Township Council adopted Change Order #1 for this improvement project via resolution #13-65 to Reivax Contracting Corp. on March 11, 2013; and

WHEREAS, additional items and/or quantities that were unforeseen and not in the original specifications are needed, totaling $2,250.00; and

WHEREAS, items and/or quantities that were in the original specifications are not needed, totaling $8,500.00; and

WHEREAS, the net change of these additional items less the items that are not needed totals a credit of $6,250.00; 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.

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 #13-194: Resolution Accepting the Completion of the Drainage Improvements Project to Various Streets in the Vernon Valley Lake Section of the Township of Vernon

WHEREAS, the Township awarded a contract to Reivax Contracting Corp. for Drainage Improvements to Various Streets in Vernon Valley Lake via resolution 12-194, on October 11, 2012; and

WHEREAS, the Township Engineer has stated that this contract is complete and recommends that this project be accepted by the Township Council.

NOW, THEREFORE BE IT RESOLVED, that the Vernon Township Council accept this project identified as Drainage Improvements to Various Streets in Vernon Valley Lake as complete, per the attached letter from the Township Engineer; and

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

Resolution #13-195: To Award a Contract to Richard J. Cosh Excavating & Paving

WHEREAS, the Township of Vernon has a need to grade and pave the new basketball courts at Maple Grange Park; and

WHEREAS, the Township Engineer, Cory Stoner, received quotations for this project; and

WHEREAS, Richard J. Cosh Excavating & Paving submitted the lowest bid at $16,200.00 utilizing prevailing wage rates; and

WHEREAS, the Qualified Purchasing Agent has reviewed the quotes and determined that Richard J. Cosh Excavating & Paving submitted the lowest responsive quotation; and

WHEREAS, the Qualified Purchasing Agent and Township Engineer recommend that a contract be awarded to Richard J. Cosh Excavating & Paving.

NOW, THEREFORE BE IT RESOLVED, that the Township Council award a contract in the amount of $16,200.00 for grading and paving of the new basketball courts at Maple Grange Park to Richard J. Cosh Excavating & Paving, 1605 Country Road 565, Sussex, NJ 07461.

Resolution #13-196: Chapter 159: New Jersey Department of Highway Traffic Safety 2013 Drive Sober or Get Pulled Over Grant Amending the 2013 Budget as a Revenue and Appropriation

WHEREAS, N.J.S.A. 40A4-87 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 received notice of an award of $4,400.00 from the State of New Jersey Division of Highway Traffic Safety 2013 Drive Sober or Get Pulled Over Statewide Labor Day Crackdown Grant 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 $4,400.00 which is now available as a revenue from the State of New Jersey Division of Highway Traffic Safety; and

BE IT FURTHER RESOLVED that a like sum of $4,400.00 is hereby appropriated under the caption NJDHTS 2013 Drive Sober or Get Pulled Over Grant.

Resolution #13-198: Authorizing Application and Execution of the “2013 Drive Sober or Get Pulled Over Year-End Holiday Crackdown” Grant Administered by the National Highway Traffic Safety Administration

WHEREAS, the Vernon Township Police Department wishes to apply for funding from the National Highway Safety Administration “2013 Drive Sober or Get Pulled Over Year-End Holiday Crackdown” Grant; and

WHEREAS, the grant project consists of an enforcement overtime campaign from December 6, 2013, to January 2, 2014, to raise awareness about the dangers of drinking and driving, to offer deterrence through visible enforcement, to arrest impaired drivers, and to issue summonses for relevant motor vehicle violations; and

WHEREAS, participating departments will incur all costs and then submit the necessary documentation to the Division of Highway Traffic Safety for reimbursement up to a maximum of $4,400.00.

NOW THEREFORE BE IT RESOLVED, that the Council of the Township of Vernon, hereby authorizes the submission of the application to the Division of Highway Traffic Safety for participation in the “2013 Drive Sober or Get Pulled Over Year-End Holiday Crackdown” Grant to raise awareness about the dangers of drinking and driving; and

BE IT FURTHER RESOLVED, by the Township Council of the Township of Vernon, County of Sussex, State of New Jersey, that the Mayor, CFO and Township Clerk are hereby authorized to execute and sign any and all documents in order to effectuate the receipt of the Grant monies between the Township of Vernon and the Division of Highway Traffic Safety for the “2013 Drive Sober or Get Pulled Over Year-End Holiday Crackdown” Grant.

Resolution #13-199: Approving Volunteer Firefighter Active Membership

WHEREAS, the Highland Lakes Volunteer Fire Department has selected Richard Wells Carson III for active membership, and

WHEREAS, the Highland Lakes Volunteer Fire Department has requested municipal approval from the Township Council of the Township of Vernon for said appointment.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Vernon, Sussex County, New Jersey, that the application for active membership by Richard Wells Carson III to the Highland Lakes Volunteer Fire Department is hereby approved.

Mr. Rizzuto asked for a motion to approve Resolution #13-197:
Moved: Brian Lynch
Second: Dick Wetzel

Council Member Kadish noted that he was not in favor of Christmas fireworks. Council Member Lynch advised that it makes sense if you’ve seen it. The Council President noted that the community has had a great time the last two years.

A roll call vote was taken:
Ayes: Brian Lynch, Dick Wetzel, Patrick Rizzuto
Nays: Daniel Kadish
Absent: Eddie Dunn
Resolution #13-197 was adopted.

Resolution # 13-197: Resolution Authorizing Fireworks to Be Displayed on December 4, 2013 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, Vernon Township Department of Recreation wishes to conduct a fireworks display on December 4, 2013 during the Annual Tree Lighting Ceremony; and

WHEREAS, the proposed fireworks display will take place within the vicinity of the Vernon Fire House on Rt 515 with prior permission from the property owner; and

WHEREAS, Garden State Fireworks, Inc., will be contracted 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 Vernon Township Department of Recreation on December 4, 2013 upon satisfaction of all statutory and departmental requirements.

Mr. Rizzuto asked for a motion to approve Resolution #13-200:
Moved: Brian Lynch
Second: Dick Wetzel

Council Member Kadish felt further discussion was necessary, and asked why the MUA was not handling this. Mayor Marotta noted that all Sussex County MUA/Vernon Township contracts cannot be tampered with by changing parties. He further noted that the Township did the original bonding, and this was done prior to this current governing body. Mr. Kadish and the Mayor discussed the responsible parties further.

A roll call vote was taken:
Ayes: Daniel Kadish, Brian Lynch, Dick Wetzel, Patrick Rizzuto
Nays: None
Absent: Eddie Dunn
Resolution #13-200 was adopted.

Resolution #13-200: Authorizing the Issuance of Not Exceeding $900,000.00 Bond Anticipation Notes of the Township of Vernon in the County of Sussex, State of New Jersey

BE IT RESOLVED BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF VERNON, IN THE COUNTY OF SUSSEX, NEW JERSEY, AS FOLLOWS:/p>

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 restructuring of a portion of the cost of acquisition of capacity at the sanitary sewage treatment plant of the Sussex County Municipal Utilities Authority by the Township of Vernon, in the County of Sussex, New Jersey, appropriating $2,800,000 therefor and authorizing the issuance of $2,666,000 bonds or notes of the Township for financing such appropriation,” finally adopted on November 14, 2011 (#11-23), Bond Anticipation Notes of the local unit in a principal amount not exceeding $900,000 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.

Mr. Rizzuto asked for a motion to approve Resolution #13-201:
Moved: Brian Lynch
Second: Dick Wetzel

Mayor Marotta advised that the state, the DEP, and the Sussex County MUA require Council’s approval because of the gallonage being used.

A roll call vote was taken:
Ayes: Daniel Kadish, Brian Lynch, Dick Wetzel, Patrick Rizzuto
Nays: None
Absent: Eddie Dunn
Resolution #13-201 was adopted.

Resolution #13-201: Endorsement of Treatment Works Approval Application

WHEREAS, the A & P Shopping Center, 530 Stockholm Road, has submitted for review and endorsement by the Township of Vernon Treatment Works Approval (TWA) application for NJDEP approval to connect to the sanitary sewer system; and

WHEREAS, the NJDEP requires the endorsement of the project by affected municipalities via execution of the WQM-003 Statement of Consent form; and

WHEREAS, the Treatment Works Approval application has been reviewed by the Township’s staff and professionals; and

WHEREAS, Township staff, professionals, and officials have agreed that such endorsement is appropriate.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Township of Vernon that the Mayor be hereby authorized to sign the Statement of Consent Form for the Treatment Works Approval permit on behalf of the Township of Vernon.

Mr. Rizzuto asked for a motion to approve Resolution #13-202:
Moved: Brian Lynch
Second: Dick Wetzel

Council President Rizzuto noted that the gallonage issue will benefit the Township significantly. The Mayor noted that different rates for billings are not allowed, and therefore this amendment will bring it into compliance. The Mayor also noted other issues that were not very specific in the original agreements prior to 2005—with Mr. Ursin, Mr. Zinno, and himself being very active in resolving these issues. Council Member Kadish noted that the Vernon MUA is not mentioned in the agreement, and that the default issue on gallonage allocation concerned him greatly. Council Member Lynch noted that the original contract was from long ago, and with this amendment it will be more efficient for the Township. The Council President advised that he was not concerned with the default ever happening.

A roll call vote was taken:
Ayes: Daniel Kadish, Brian Lynch, Dick Wetzel, Patrick Rizzuto
Nays: None
Absent: Eddie Dunn
Resolution #13-202 was adopted.

Resolution #13-202: Authorizing Amendment to 2005 Service Contract with Sussex County Municipal Utilities Authority

WHEREAS, the Sussex County Municipal Utilities Authority and the Township of Vernon signed a Contract in 2005 prior to the implementation of the Vernon Township Municipal Utilities Authority; and

WHEREAS, the Vernon Township Municipal Utilities Authority is on line with the Township’s sewer system; and

WHEREAS, the Township of Vernon wishes to amend the 2005 Service Contract with Sussex County Municipal Utilities Authority.

NOW THEREFORE BE IT RESOLVED, that the Council of the Township of Vernon hereby authorizes the Mayor and the Municipal Clerk to execute the Amendment to the 2005 Service Contract with Sussex County Municipal Utilities Authority.

Lake Conway Dam

Council President Rizzuto explained that the issue over ownership of the Dam has been around for many years and is finally being resolved. Council Member Kadish offered that it goes back to 1997, but that he still disputes the DEP’s determination that the Township owns it. Mayor Marotta advised that the Corps of Engineers found documents from the 1950’s that the dam was accepted by the Township at that time. The Mayor reported that the DEP order to clear the dam of all vegetation was completed last week by our engineer for under $40,000.00 (Maser Engineering, the previous Lake Conway Dam engineer, had estimated over $60,000.00). The Mayor thanked Mr. Kelly for his hard work in resolving this matter.

Motion

To approve Administrative Consent Order re: Lake Conway Dam, with settlement of penalty of $5,000.00 payable to the NJDEP, and to comply with NJDEP regulations for future dam inspections.

Moved: Brian Lynch
Second: Dick Wetzel

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

Wall of Honor

Council President Rizzuto spoke about the Wall of Honor Project proposed by Marie Dunn, to mount a display of photographs of veterans to coincide with Veteran’s Day on November 11.

Mary Bradley noted that the Board of Recreation is backing the project. She advised that it would include Veterans Affairs, Vietnam Veterans, and families for all branches of service; and that they would be asking for participation from the Senior Center next week.

Mayor Marotta asked if placement for this project had been chosen.

Ms. Bradley advised that they were hoping to place it down the hall towards the Tax Office, and that it would be mounted on the wall with artists tape.

Council President Rizzuto suggested that interested callers should be directed to the Mayor’s office. The Mayor felt it would be more appropriate for calls to go to Missi Wiedbrauk’s Community Affairs office. He added that it would be posted in the newspapers.

Motion

To authorize the Wall of Honor veteran’s display in the Municipal Building hallway.

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

Ordinances—Second Reading—Public Hearing

2nd Reading of Ordinance #13-17 by Title Only

Council President Rizzuto asked for a motion to adopt Ordinance #13-17 on 2nd reading by title only.
Motion: Brian Lynch
Second: Daniel Kadish

Open to public comments on Ordinance #13-17 only
Motion: Brian Lynch
Second: Daniel Kadish

No one wished to speak at this time.

Closed to public comments on Ordinance #13-17
Motion: Daniel Kadish
Second: Brian Lynch

Mayor Marotta advised the Council of the condition of the current ambulance rig that is being replaced. He noted the benefit of the new rig. He also noted that all other rigs will be examined for their condition, and will be dealt with and/or repaired as needed. The Mayor also noted that he spoke to the Purchasing Agent about the DPW roof bids, who advised him that there are currently seven potential bidders for the roof replacement project.

A roll call vote was taken:
Ayes: Daniel Kadish, Brian Lynch, Dick Wetzel, Patrick Rizzuto
Nays: None
Absent: Eddie Dunn
Ordinance #13-17 was adopted.

Ordinance #13-17: An Ordinance of the Township of Vernon in the County of Sussex, New Jersey, Authorizing the Purchase of Various Equipment and Repairs in, by and for the Township Pursuant to N.J.S.A. 40:56-1 and Appropriating Therefore the Sum of $295,000.00 and Providing that Such Sum so Appropriated Shall Be Raised from the Capital Improvement Fund of the Township

Council Comments

Council Member Wetzel complimented the Mayor on a job well done.

Council Members Lynch and Kadish had nothing to report at this time.

Council President Rizzuto noted that we are starting to move into the holiday season, and though it is a little early, he asked people to please mark their calendars for the tree lighting on December 4. He advised that he was fortunate to attend the fallen firefighters ceremony and was very impressed.

Adjournment

There being no further items of business to be conducted on the Regular Meeting agenda, a motion for adjournment was made by Council Member Brian Lynch. Motion seconded by Council Member Dick Wetzel, with all members voting in favor.

The Regular Meeting of the Township Council of the Township of Vernon was adjourned at 8:40 p.m.

Respectfully submitted,
Susan S. Nelson, RMC
Municipal Clerk

Minutes approved: November 14, 2013