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The Regular Meeting of the Township Council of the Township of Vernon was convened at 7:30 p.m. on Monday, August 11, 2014 in the Vernon Municipal Center, 21 Church Street, Vernon, New Jersey with Council President Brian Lynch presiding.
Statement of Compliance
Adequate notice of this meeting had been provided to the public and the press on January 8, 2014, 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 Dan Kadish, Jean Murphy, Patrick Rizzuto, Dick Wetzel, and Council President Brian Lynch. Also present were Mayor Victor Marotta, CFO Elke Yetter, Associate Township Attorney Megan Ward and Special Township Attorney John Ursin.
There was no Executive Session.
Salute to the Flag
Council President Lynch led the assemblage in the salute to the flag.
Presentations
Mountain Creek Attorney John Fetterly announced that the Mountain Creek (PILOT) presentation was cancelled due to illness. Council President Lynch requested that the Mountain Creek (PILOT) presentation be heard on Monday, August 18, 2014.
It was moved and seconded that the Monday, August 18, 2014 work session begin at 7:00 p.m. instead of 7:30 p.m.
Motion: Patrick Rizzuto
Second: Brian Lynch
All members were in favor.
Public Comment
Council President Lynch asked for a motion to open the meeting for public comments.
Motion: Dan Kadish
Second: Dick Wetzel
All members were in favor.
Gary Martinsen, Vernon stated that he wanted to say he was glad to see Craig Roland retiring. Mr. Martinsen stated that Mr. Roland was always professional. Mr. Martinsen noted that the title of Ordinance 14-16, which had not been introduced yet, had changed since the original version of the agenda was posted. Mr. Martinsen questioned why an agreement would be pushed to 30 years.
Steve Vichiconti, Vernon stated that he was on the petition committee for the salary ordinance. Mr. Vichiconti explained that he filed a complaint in Superior Court. Mr. Vichiconti stated that he now believes that the outcome of the lawsuit would be the same if the ordinance was voted on and rejected at the polls as when it was repealed by the Council. Mr. Vichiconti stated that he did not want to incur any more legal expenses and he sent a letter to the Court and to the Township Attorney today dropping the suit.
Closed to Public Comments
Seeing no other members of the public wishing to speak, Council President Lynch asked for a motion to close the public portion of the meeting.
Motion: Patrick Rizzuto
Second: Dan Kadish
All members were in favor.
Township Mayor’s Report
- Mayor Marotta indicated that Zitone Construction had begun the project to replace the 40 year old DPW roof.
- Mayor Marotta reported that when the Township had begun the preparations for the expansion of the animal shelter, a 1,000 gallon underground oil tank was discovered which was leaking. Mayor Marotta indicated the Township would need to remediate the site; Above Environmental was being utilized to test the soil; DPW was supplying the labor.
- Mayor Marotta stated the Township had received notice of Craig Roland’s retirement as of August 31. Mayor Marotta remarked that Mr. Roland had served the township for 28 years. Mayor Marotta indicated that there was a resolution for tonight’s meeting appointing Kim Decker to acting zoning officer in Mr. Roland’s place. Mayor Marotta stated that Ms. Decker had completed the necessary courses.
- Mayor Marotta indicated that he had reviewed the monthly budget summary and stated that the Township was doing well on the appropriations side but that revenue was down a little on the driveway and building permits.
Approval of Minutes
It was moved and seconded as noted below to approve the following minutes:
July 14, 2014 Regular Meeting Minutes
Moved: Jean Murphy
Seconded: Dan Kadish
A roll call vote was taken:
Ayes: Dan Kadish, Jean Murphy, Patrick Rizzuto, Dick Wetzel, Brian Lynch
Nays: None
Abstain: None
Absent: None
Motion carried to approve minutes for July 14, 2014.
It was moved and seconded as noted below to approve the following minutes:
July 28, 2014 Regular Meeting Minutes
Moved: Dan Kadish
Seconded: Dick Wetzel
A roll call vote was taken:
Ayes: Dan Kadish, Jean Murphy, Patrick Rizzuto, Dick Wetzel, Brian Lynch
Nays: None
Abstain: None
Absent: None
Motion carried to approve minutes for July 28, 2014.
Consent Agenda
Council President Lynch gave a brief explanation of Resolutions #14-131 - #14-139.
Council President Lynch asked for a motion to adopt Resolutions #14-131 - #14-139.
Moved: Dan Kadish
Seconded: Patrick Rizzuto
A roll call vote was taken:
Ayes: Dan Kadish, Jean Murphy, Patrick Rizzuto, Dick Wetzel, Brian Lynch
Nays: None
Abstain: None
Resolutions ##14-131 - #14-139 were adopted.
Resolution #14-131: Resolution Authorizing the Issuance of Not Exceeding $600,000 Special Emergency 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 (not less than two-thirds of all the members thereof affirmatively concurring), AS FOLLOWS:
Section 1. Pursuant to a resolution of The Township of Vernon, in the County of Sussex (the “Township”) authorizing a special emergency appropriation in the amount of $1,000,000, finally adopted on September 12, 2011 and entitled: “Resolution making a special emergency appropriation of $1,000,000 and authorizing the issuance of not exceeding $1,000,000 special emergency notes of the Township of Vernon, in the County of Sussex, New Jersey, for purposes of financing such appropriation,” special emergency notes (the “Notes”) of the Township are hereby authorized to be issued pursuant to the Local Budget Law of New Jersey (N.J.S.A. 40A:4-1 et seq. and, in particular, N.J.S.A. 40A:4-55) (the “Local Budget Law”) in a principal amount not exceeding $400,000 for the purpose of financing the improvement or purpose described in said resolution, including (to any extent necessary) the renewal of any special emergency notes heretofore issued therefor.
Section 2. Pursuant to an ordinance of the Township authorizing a special emergency appropriation in the amount of $200,000, finally adopted on June 23, 2014 and entitled: “An ordinance authorizing a special emergency appropriation of $200,000 for the preparation of tax maps by the Township of Vernon, in the County of Sussex, New Jersey,” special emergency notes (the “Notes”) of the Township are hereby authorized to be issued pursuant to the Local Budget Law in a principal amount not exceeding $200,000 for the purpose of financing the improvement or purpose described in said resolution, including (to any extent necessary) the renewal of any special emergency notes heretofore issued therefor.
Section 3. The following matters in connection with the Notes are hereby determined:
(a) All Notes issued hereunder shall mature at such times as may be determined by the chief financial officer, interim chief financial officer or treasurer (the “Chief Financial Officer”) of the Township, provided that no Note shall mature later than one year from the date of the first Note issued hereunder unless the Township shall have paid and retired amounts of such Notes sufficient to allow it, in accordance with provisions of Section 40A:4-55 of the Local Budget Law, to renew a portion thereof beyond the first 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; and
(c) The Notes shall be in the form prescribed by resolution heretofore adopted by the governing body of the Township determining the form of special emergency notes issued pursuant to the Local Budget Law, and the Notes shall be signed or sealed by the Chief Financial Officer, the Mayor and the Township Clerk in any manner permitted by law notwithstanding that said form or resolution may otherwise provide.
Section 4. The Chief Financial Officer is hereby authorized and directed to determine all matters in connection with the Notes not determined by this or a subsequent resolution, and the Chief Financial Officer’s signature upon the Notes shall be conclusive as to such determinations.
Section 5. The Chief Financial Officer is hereby authorized to sell the 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 6. Any instrument issued pursuant to this resolution shall be a general obligation of the Township, and the Township’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 7. The Chief Financial Officer is hereby 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 8. The Chief Financial Officer is hereby further authorized and directed to file a copy of this resolution, as adopted, and all other resolutions or ordinances relating to the authorization of the aforementioned special emergency appropriation with the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey.
Section 9. The Chief Financial Officer is hereby authorized and directed to do all other matters necessary, useful, convenient or desirable to accomplish the delivery of the 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 the Notes, (ii) preparation, distribution and publication, if necessary, of a Notice of Sale with respect to the Notes, (iii) execution of a Continuing Disclosure Undertaking, with respect to the 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 Township, 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 the Notes is not included in gross income under Section 103 of the Internal Revenue Code of 1986, as amended.
Section 10. All action heretofore taken by Township officials with respect to the sale, issuance and delivery of the Notes is hereby ratified, confirmed, adopted and approved.
Section 11. This resolution shall take effect immediately.
Resolution #14-132: Authorizing the Use of National Joint Powers Alliance, Contract #022014-GRD, Member #19268 to Purchase One (1) 2012 Vacall Sweeper for the Department of Public Works
WHEREAS, the Township of Vernon has a need to purchase one (1) VacAll Sweeper, Model AS-10D 2012 Freightliner M2-106 Cab and Chassis per NJPA Contract to be used by the Department of Public Works; and
WHEREAS, Vernon Township desires to use the National Joint Powers Alliance of which Vernon Township is a Member, #19268; and
WHEREAS, the Department of Public Works and the Mayor recommend the Township Council award the contract for one (1) VacAll Sweeper, Model AS-10D 2012 Freightliner M2-106 Cab and Chassis using the vendor Vacuum Sales, Inc., 51 Stone Rd., Lindenwold, NJ 08021; and
WHEREAS, the total cost for the purchase one (1) VacAll Sweeper, Model AS-10D 2012 Freightliner M2-106 Cab and Chassis will be $239,129.00 per NJPA Contract #022014-GRD at the discounted price reflecting quote #14 dated July 29, 2014 and the Chief Financial Officer, of the Township of Vernon, has certified these funds are available per Ordinance #14-12; and
NOW THEREFORE BE IT RESOLVED, by the Township Council of the Township of Vernon, that the vendor, Vacuum Sales, Inc. be utilized to purchase one (1) VacAll Sweeper, Model AS-10D 2012 Freightliner M2-106 Cab and Chassis through the NJPA Contract; and
NOW THEREFORE BE IT FURTHER RESOLVED, by the Township Council of the Township of Vernon, County of Sussex and the State of New Jersey, the Mayor is authorized to execute a contract with Vacuum Sales, Inc., 51 Stone Rd., Lindenwold, NJ 08021.
Resolution #14-133: Authorizing the Use of Sussex County Cooperative Purchasing to Purchase One (1) 2015 Freightliner Single Axle Dump Truck for the Department of Public Works
WHEREAS, the Township of Vernon has a need to purchase one (1) 2015 Freightliner Single Axle Dump Truck per Sussex County Cooperative Purchasing contract to be used by the Department of Public Works; and
WHEREAS, Vernon Township desires to use the Sussex County Cooperative Purchasing contract; and
WHEREAS, the Department of Public Works and the Mayor recommend the Township Council award the contract for one (1) 2015 Freightliner Single Axle Dump Truck using the vendor Hoover Truck Center, 145 Gold Mine Rd., Flanders, NJ 07836; and
WHEREAS, the total cost for the purchase one (1) 2015 Freightliner Single Axle Dump Truck will be $94,847.00 per Sussex County Cooperative Purchasing price and the Chief Financial Officer, of the Township of Vernon, has certified these funds are available per Ordinance #14-12; and
NOW THEREFORE BE IT RESOLVED, by the Township Council of the Township of Vernon, that the vendor, Hoover Truck Center, be utilized to purchase one (1) 2015 Freightliner Single Axle Dump Truck through the Sussex County Cooperative Purchasing contract; and
NOW THEREFORE BE IT FURTHER RESOLVED, by the Township Council of the Township of Vernon, County of Sussex and the State of New Jersey, the Mayor is authorized to execute a contract with Hoover Truck Center, 145 Gold Mine Rd., Flanders, NJ 07836.
Resolution #14-134: Resolution of the Township of Vernon, in the County of Sussex, New Jersey, Relating to Continuing Disclosure Matters Applicable to Bonds and Notes of the Township and Authorizing Certain Actions in Connection Therewith
WHEREAS, the Township of Vernon, in the County of Sussex, New Jersey (the “Township”) has previously issued its bonds, bond anticipation notes and/or other debt obligations (the “Bonds”) and
WHEREAS, in connection with the issuance of certain of the Bonds and for purposes of assisting underwriters to comply with Rule 15c-12 under the Securities Exchange Act of 1934, the Township has covenanted and/or entered into one or more undertakings or agreements to provide continuing disclosure (the “Continuing Disclosure Obligation”) to the public marketplace; and
WHEREAS, in general the Continuing Disclosure Obligation requires the Township to file certain financial information and notice of certain events in specified places and at specified times; and
WHEREAS, in connection with the sale of certain of the Bonds, the Township issued one or more official statements that, among other things, described the Township’s Continuing Disclosure Obligation and whether or not the Township had previously complied with its Continuing Disclosure Obligation in all material respects; and
WHEREAS, the Division of Enforcement (the “Enforcement Division”) of the U.S. Securities and Exchange Commission (the “SEC”) announced its Municipalities Continuing Disclosure Cooperation Initiative (the “Initiative”) to address potentially materially inaccurate descriptions in official statements (made innocently, inadvertently or otherwise) of prior compliance with continuing disclosure obligations; and
WHEREAS, pursuant to the terms of the Initiative, the Enforcement Division will recommend “favorable settlement terms” for issuers and underwriters that self-report by 12:00 a.m., eastern standard time, on September 10, 2014, (extended to December 1, 2014 for issuers) possible materially inaccurate statements in official statements in the last five years relating to prior compliance with continuing disclosure obligations by submitting a specified questionnaire (the “Questionnaire”) to the Enforcement Division; and
WHEREAS, the Township has been provided with a copy of the Initiative, a copy of an advisory prepared by bond counsel to the Township describing the Initiative and a copy of the Questionnaire released by the Enforcement Division; and
WHEREAS, if an issuer takes advantage of the Initiative by self-reporting possible materially inaccurate statements and if any of such statements are determined to be materially inaccurate by the Enforcement Division, the Enforcement Division will recommend to the SEC a settlement in which (i) the issuer consents to a cease-and-desist order, (ii) the issuer neither admits nor denies the findings of the SEC and (iii) there is no payment of any civil penalty by the issuer; and
WHEREAS, any such settlement will require the issuer (i) to establish appropriate policies and procedures and training regarding continuing disclosure obligations within 180 days, (ii) comply with existing continuing disclosure undertakings, including updating past delinquent filings within 180 days, (iii) cooperate with any subsequent investigation by the Enforcement Division regarding the false statement(s), including the roles of individuals and/or other parties involved, (iv) disclose in a clear and conspicuous fashion the settlement terms in any final official statement for an offering by the issuer for five years and (v) provide the SEC staff with a compliance certification regarding the applicable undertakings by the issuer in one year; and
WHEREAS, the Initiative cautions that if an issuer does not take advantage of the Initiative by submitting a Questionnaire identifying any possible materially inaccurate statement with respect to prior compliance with a continuing disclosure obligation and the Enforcement Division later determines that such a materially inaccurate statement was made, then the Enforcement Division will likely recommend and seek financial sanctions against the issuer; and
WHEREAS, the New Jersey Division of Local Government Services issued Local Finance Notice 2014-9, dated July 23, 2014 (the “LFN”), which among other things strongly recommends that local government officials proactively take steps to self-identify their own levels of compliance with continuing disclosure obligations in order to determine if it is advisable to participate in the Initiative; and
WHEREAS, the LFN advises that the failure to live up to continuing disclosure requirements, in addition to having potential consequences under federal law, could have consequences for various State of New Jersey matters including, in particular, (i) the denial or deferral of applications made to the Local Finance Board and (ii) decreased scores on future “Best Practices Questionnaires” that could trigger a withholding of a portion of State aid; and
WHEREAS, in light of the foregoing, the Township is desirous of retaining a professional firm that specializes in continuing disclosure matters to examine the Township’s Continuing Disclosure Obligation and previous continuing disclosure filings and to report to the Township any noncompliance with its Continuing Disclosure Obligation; and
WHEREAS, upon receipt of such report from the continuing disclosure specialist, the Township will review such report with its professionals, including particularly its bond counsel, its auditor, its general counsel and its other finance professionals (the “Township Professionals”); and
WHEREAS, as a result of such review, it may be desirable for the Township to take advantage of the Initiative by submitting one or more Questionnaires to the Enforcement Division identifying a statement with respect to prior compliance with its Continuing Disclosure Obligation that is potentially materially inaccurate; and
WHEREAS, the Township is desirous of authorizing the submission of one or more Questionnaires to the Enforcement Division if deemed advisable by the Mayor or the Township Chief Financial Officer (the “Township Officials”) after consultation with the Township Professionals;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF VERNON, IN THE COUNTY OF SUSSEX, NEW JERSEY, AS FOLLOWS:
Section 1. Authorization to Retain a Continuing Disclosure Specialist. The Township Officials are each hereby authorized and directed to retain a firm that specializes in continuing disclosure matters (a) to examine the Township’s Continuing Disclosure Obligation and previous continuing disclosure filings, (b) to report to the Township any noncompliance with its Continuing Disclosure Obligation and (c) to otherwise assist the Township and the Township Professionals with respect to the Initiative, the Questionnaire and the provision of continuing disclosure materials to the public marketplace.
Section 2. Authorization to Submit Questionnaire. The Township Officials are each hereby authorized, after examining the report of the continuing disclosure specialist and consulting with the Township Professionals, to take advantage of the Initiative by submitting one or more Questionnaires to the Enforcement Division by the September 10, 2014, deadline established by the Initiative.
Section 3. Various Incidental Actions. The Township Officials are hereby authorized to execute and deliver all documents and instruments and to do all matters and things as may be necessary, useful, convenient or desirable in connection with the foregoing.
Section 4. Prior Action. All action heretofore taken by the Township Officials and the Township Professionals relating to the foregoing is hereby ratified, confirmed, adopted and approved, including without limitation soliciting and/or engaging a professional firm that specializes in continuing disclosure matters to undertake the continuing disclosure review described in this resolution.
Section 5. Capitalized Terms. All capitalized words and terms used by not defined in this resolution shall have the meanings ascribed to such words and terms, respectively, in this resolution.
Section 6. Effective Date. This resolution shall take effect immediately.
Resolution #14-135: Authorizing the Use of Sussex County Cooperative Purchasing to Purchase One (1) Each: Dump Body, Plow and Salt Spreder for the 2015 Freighliner Straight Axle Dump Truck for the Department of Public Works
WHEREAS, the Township of Vernon has a need to purchase equipment to be added to the 2015 Freightliner Single axle Dump Truck to be used by the Department of Public Works; and
WHEREAS, Vernon Township desires to use the Sussex County Cooperative Purchasing contract for this purpose; and
WHEREAS, the Department of Public Works and the Mayor recommend the Township Council award the contract for one (1) each: dump body, snow plow and salt spreader using the vendor Tony Sanchez, Ltd., 1685 Rt. 46, Ledgewood, NJ 07852; and
WHEREAS, the total cost for the purchase one (1) each: dump body, snow plow and salt spreader will be $64,000.00 per Sussex County Cooperative Purchasing price and quote dated July 23, 2014 and the Chief Financial Officer, of the Township of Vernon, has certified these funds are available per Ordinance #14-12; and
NOW THEREFORE BE IT RESOLVED, by the Township Council of the Township of Vernon, that the vendor, Tony Sanchez, Ltd., be utilized to purchase one (1) each: dump body, snow plow and salt spreader through the Sussex County Cooperative Purchasing contract; and
NOW THEREFORE BE IT FURTHER RESOLVED, by the Township Council of the Township of Vernon, County of Sussex and the State of New Jersey, the Mayor is authorized to execute a contract with Tony Sanchez, Ltd., 1685 Rt. 46, Ledgewood, NJ 07852
Resolution #14-136: Awarding a Contract to Baldwin Sand and Gravel to Supply the Township with Road Grits During 2014
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 road 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 $7.37 per ton; and
WHEREAS, Baldwin Sand and Gravel has provided the Township with a quote to deliver grits to the Township for $10.00 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; and
WHEREAS, the Chief Financial Officer pursuant to NJAC 5:30-5.5(b), has certified these funds are available; and
WHEREAS, the term of the contract will be from August 15, 2014 through December 31, 2014 with a total contract price not to exceed $20,000.00; and
NOW THEREFORE BE IT FURTHER RESOLVED, by the Township Council of the Township of Vernon, County of Sussex and State of New Jersey, the Mayor is authorized to execute a contract with Baldwin Sand and Gravel, Inc. 458 Route 94, Vernon, New Jersey 07462 not to exceed $20,000.00.
Resolution #14-137: Authorizing Placement of Signs in Various Locations
WHEREAS, Sussex County Community College Foundation in Newton, New Jersey has requested permission from the Township Council to place signs in front of various businesses in town to advertise their annual Skylander 5K and 10 K challenge to raise funds for educational and cultural events for Sussex County residents; and
WHEREAS, the businesses in town have given permission for the 18" x 24" signs to be securely placed; and
WHEREAS, the Foundation has requested to place the signs from Monday, September 8 through Monday, October 8 and thereafter they will promptly remove them; and
WHEREAS, the Township Code Enforcement Officer has advised that pursuant to the Vernon Township Code 330-180 that the placing of multiple signs of this size and character requires permission of the Council for their placement and waiver of fees.
NOW THEREFORE BE IT RESOLVED, by the Council of the Township of Vernon, that Sussex County Community College Foundation in Newton, New Jersey is granted permission to place signs, as described above, at various businesses, from September 8, 2014, through October 8, 2014, in association with their annual Skylander 5K and 10 K challenge event, provided all other requirements of Township Code 330-180 are followed.
Resolution #14-138: Chapter 159 Resolution Requesting Approval of Revenue and Appropriation Amending the 2014 Budget as a Revenue and Appropriation of $5,000.00
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 $5,000.00 2014 Drive Sober or Get Pulled Over Statewide Labor Day Crackdown from the New Jersey Division of Highway Traffic Safety; and wishes to amend its 2014 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 2014 in the sum of $5,000.00 which is now available as a revenue from the New Jersey Division of Highway Traffic Safety,
BE IT FURTHER RESOLVED that a like sum of $5,000.00 is hereby appropriated under the caption 2014 Get Sober or Get Pulled Over Labor Day Crackdown Grant.
Resolution #14-139: Appointment of Vernon Township Acting Zoning Officer
WHEREAS, the Township’s Zoning Officer, Craig L. Roland, is retiring effective August 29, 2014; and
WHEREAS, per the Vernon Township Administrative Code, the Zoning Officer shall serve at the pleasure of the Mayor; and
WHEREAS, Kimberley L. Decker has obtained her zoning administration and enforcement certification to perform the duties of Zoning Officer.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Vernon, County of Sussex and State of New Jersey as follows:
- Kimberley L. Decker is hereby appointed as the Acting Zoning Officer for the Township of Vernon, New Jersey, commencing August 29, 2014, until such time as the Township has had the opportunity to formally interview and appoint a zoning officer.
- This Resolution shall take effect immediately upon adoption according to law.
Introduction/1st Reading of Ordinances
Ordinance #14-16: An Ordinance of the Township of Vernon, County of Sussex, and State of New Jersey Establishing the Eligibility of Redevelopment Projects within Designated Areas in Need of Redevelopment for Thirty (30) Year Tax Exemptions and Abatements Pursuant to the Long Term Tax Exemption Law, N.J.S.A. 40A: 20-1, et seq.
Council President Lynch read Ordinance #14-16 by title only.
Council President Lynch asked for a motion to introduce Ordinance #14-16 with a public hearing to held on August 25, 2014.
Moved: Patrick Rizzuto
Motion failed for lack of a second.
It was moved and seconded to table Ordinance 14-16 until such time as the PILOT agreement presentation that was originally scheduled for today could be heard.
Moved: Dan Kadish
Seconded: Jean Murphy
A roll call vote was taken:
Ayes: Dan Kadish, Jean Murphy, Dick Wetzel
Nays: Patrick Rizzuto, Brian Lynch
Motion carried to table Ordinance 14-16.
Public Hearing/2nd Reading of Ordinances
Ordinance #14-15: An Ordinance to Authorize Acquisition of Real Property and Capital Improvements Located at 293 Route 94 (Block 141, Lots 12.01 & 13)
Council President Lynch read Ordinance #14-15 by title only.
Council President Lynch asked for a motion to open the public hearing on Ordinance #14-15.
Moved: Dan Kadish
Seconded: Patrick Rizzuto
All members were in favor.
Gary Martinsen, Vernon stated that this building was purchased by the school system with money from the school system. Mr. Martinsen stated that if the Township purchases the building for $1 than the school system is missing out on hundreds of thousands of dollars if the Township can simply sell the building to anyone then they are robbing the school district. Mr. Martinsen said it did not make sense to purchase the building if it is only used for storage.
Sandy Ooms, Vernon asked why should the Township purchase this building when the Township owns the Faline building which also needs sewers. Ms. Ooms opined that there was a conflict of interest as some members of the Council belong to the Historic Society and/or have immediate family working for the Board of Education.
Seeing no more members of the public come forward regarding Ordinance #14-15, Council President Lynch asked for a motion to close the public hearing.
Moved: Dan Kadish
Seconded: Patrick Rizzuto
All members were in favor.
Council Member Kadish noted there is a clause that if the building is no longer used for public purposes it goes back to the Board of Education.
Council Member Rizzuto stated he did not have a conflict because although his daughter, who was not a dependant of his, works for the school she receives no benefit from this ordinance. Associate Township Attorney Megan Ward opined that she did not perceive there to be a conflict if Council Member Rizzuto voted in favor of this ordinance.
Council Member Kadish stated he was no longer a member of the Historic Society but had previously been a trustee and a member and therefore he was going to abstain.
Council Member Murphy questioned if sewers were going to be put in at the Faline Building. Mayor Marotta indicated that sewers were not planned and the building was in need of repair. Mayor Marotta noted that the town had previously tried to sell or auction the property. Mayor Marotta also noted that parking was limited and there were site issues with the entrance. Council Member Murphy stated the building had been purchased in 2005. Council Member Wetzel questioned the cost of the building. Mayor Marotta indicated the building was purchased for $420,000.
Council President Lynch asked for a motion to adopt Ordinance #14-15.
Moved: Dick Wetzel
Seconded: Patrick Rizzuto
A roll call vote was taken:
Ayes: Patrick Rizzuto, Dick Wetzel, Brian Lynch
Nays: Jean Murphy
Abstain: Dan Kadish
Motion carried to adopt Ordinance 14-15.
Certification of Petition
Clerk Kirkman read the following statement:
Pursuant to N.J.S.A. 40:69A-184, the Initiative Petition to establish an Ordinance to Prohibit the Purchase of “Camp Sussex” and using Open Space Funds and Require All Open Space and Farmland Preservation Purchases to be voted on by Vernon Voters has been signed by sufficient number of qualified voters.
Council President Lynch indicated that the Public Hearing on this Ordinance would be schedule for August 25, 2014. Council President Lynch confirmed the August 25, 2014 date for the public hearing with Associate Township Attorney Megan Ward. Attorney Ward affirmed that August 25, 2014 was the correct date for the public hearing.
Council Comments
Council Member Murphy asked if Lake Wallkill Road was scheduled to be paved this year. Council Member Murphy commented on a sign posted by residents on the road. Council Member Wetzel indicated he believed it was for next year. Mayor Marotta confirmed same. Council Member Murphy indicated that the Sewer Authority was asking for a line of credit. Council Member Murphy questioned if there had been any progress in posting council meetings on the website. Mayor Marotta indicated there had not been.
Council Member Kadish stated he had no comment.
Council Member Wetzel stated he had no comment.
Council Member Rizzuto stated he was pleased that Ms. Decker was being chosen as the acting Zoning Officer. Council Member Rizzuto complimented Craig Roland on the great job he had done for the Township.
Council President Lynch reiterated that there would be a work session for August 18, 2014 and noted that official action may be taken at that meeting.
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 Rizzuto, seconded by Council Member Wetzel with all members voting in favor.
The Regular Meeting of the Township Council of the Township of Vernon was adjourned at 8:04 p.m
Respectfully submitted,
Lauren Kirkman, RMC
Municipal Clerk
Minutes approved: August 25, 2014
