YouTube video of the February 24, 2014 council meeting »
The Regular Meeting of the Township Council of the Township of Vernon was convened at 7:30 p.m. on Monday, February 24, 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 Township Business Administrator William Zuckerman serving as Acting Mayor and Township Attorney Kevin Kelly.
Salute to the Flag
Council President Lynch led the assemblage in the salute to the flag.
Public Comments
Council President Lynch asked for a motion to open the meeting for public comments.
Motion: Patrick Rizzuto
Second: Daniel Kadish
All members were in favor.
Bob Gerry, Vernon, asked the Township Attorney if it is ethical for people on the Board to vote on a resolution if they have had contributions made to their political campaign and then vote for that person’s raise. Township Attorney Kelly said it is not unethical.
Gary Martinsen, Vernon, commended the Council for hiring a Municipal Clerk so quickly. Mr. Martinsen commented on the Bond Anticipation notes resolution.
Jessi Paladini, commented that the Township should not link the videos of the Council Meetings to any private forum. Ms. Paladini also commented on the petition and its validity, and asked that the petition be checked carefully.
Michael Rubin, Highland Lakes, said he spoke to the County Clerk, Jeff Parrott about the petition and Mr. Parrott explained the method of certifying is up to the Municipal Clerk and as long as it reaches the Municipal Clerk by the deadline, there is no issue. Mr. Rubin stated he heard a rumor of who received the petition.
Gary Martinsen requested to speak again and was advised by Council President that he had an opportunity to speak.
Closed to Public Comments
Seeing no one else from the public wishing to speak, Council President Lynch asked for a motion to close the public portion of the meeting.
Motion: Patrick Rizzuto
Second: Dick Wetzel
All members were in favor except Council Member Kadish. Council Member Kadish commented that people should be allowed to speak for a second time.
Acting Mayor’s Report
Mr. William Zuckerman, Acting Mayor, distributed the annual financial statement that was prepared by the CFO, Elke Yetter, for the Council’s review.
Mr. Zuckerman stated that the Director of Community Affairs, Missi Wiedbrauk, is looking into a grant for the proposed band shell. Missi is also looking into the naming of the scoreboard.
Mr. Zuckerman reported that there was a partial roof collapse of the DPW garage, and funds were needed for its repair. The Township received 300 tons of salt recently and we are waiting for a second delivery. The municipal budget has been completed and has been forwarded to the auditor for his mathematical review and would like to put it on the agenda for a March 10th introduction.
Council President Lynch stated he received an email from Lake Panorama Club Association regarding the Kelly Bill issue and he will forward it to Mr. Zuckerman and the Mayor and asked that someone respond back to them. Mr. Zuckerman said they are aware of the issue and we will respond to them.
Resolutions Requiring Separate Action
Council President Lynch provided a synopsis of the individual resolutions.
Resolution #14-41: Authorizing Tax Sale Premiums to Escheat to the Township Pursuant to N.J.S.A.54:5-33
WHEREAS, the 2008 Tax Sale took place on December 8, 2008; and
WHEREAS, the Tax Sale Law requires that after five years if a redemption has not occurred, that the Premium be escheated to the Treasurer of the municipality; and
WHEREAS, the following tax sale certificates have not been redeemed:
- Tax Sale Certificate #08/017 issued 12/8/08 on Block 199.02 Lot 18 C0010 Premium in the amount of $4,100.00.
- Tax Sale Certificate #08/006 issued 12/8/08 on Block 153.12 Lot 47 Premium in the amount of $3,500.00.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Vernon, County of Sussex, State of New Jersey, that all premiums remaining on Tax Title Liens sold at or prior to the 2008 Tax Sale be hereby Escheated to the Township of Vernon Treasurer, in accordance with N.J.S.A. 54:5-33.
Moved: Patrick Rizzuto
Second: Dick Wetzel
Council Member Murphy said there should be more information on the property, as far as the name or address, so there is no conflict of interest. Council Member Kadish had some questions regarding the tax payments on these properties.
A roll call vote was taken:
Ayes: Dan Kadish, Patrick Rizzuto, Dick Wetzel, Brian Lynch
Nays: None
Abstain: Jean Murphy
Resolution #14-41 was approved.
Resolution #14-42: Appointment of Township Clerk
WHEREAS, there is currently a vacancy in the Office of the Township Clerk; and
WHEREAS, the Township has advertised for this position and interviewed candidates that are qualified to serve as Township Clerk; and
WHEREAS, Lauren Kirkman has served as the Deputy Clerk of Middletown Township; and
WHEREAS, Ms. Kirkman is a Registered Municipal Clerk in the State of New Jersey;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Township of Vernon that they herby appoint Lauren Kirkman to the position of Township Clerk for a three year term, effective March 3, 2014, pursuant to N.J.S.A. 40A:9-133.
Moved: Dan Kadish
Second: Dick Wetzel
A roll call vote was taken:
Ayes: Dan Kadish, Jean Murphy, Patrick Rizzuto, Dick Wetzel, Brian Lynch
Nays: None
Resolution #14-42 was approved.
Resolution #14-43: Resolution Authorizing the Issuance of Not Exceeding $6,486,044 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:
Pursuant to a bond ordinance of the Township of Vernon, in the County of Sussex (herein called “local unit”) entitled: “Bond ordinance appropriating $1,650,000, and authorizing the issuance of $1,571,000 bonds or notes of the Township, for various improvements or purposes authorized to be undertaken by the Township of Vernon, in the County of Sussex, New Jersey,” finally adopted on March 28, 2011 (#11-7), Bond Anticipation Notes of the local unit in a principal amount not exceeding $1,425,594 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.
Pursuant to a bond ordinance of the local unit entitled: “Bond ordinance appropriating $1,484,000, and authorizing the issuance of $1,412,000 bonds or notes of the Township, for various improvements or purposes for emergency services authorized to be undertaken by the Township of Vernon, in the County of Sussex, New Jersey,” finally adopted on April 28, 2011 (#11-08), Bond Anticipation Notes of the local unit in a principal amount not exceeding $1,251,450 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.
Pursuant to a bond ordinance of the 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.
Pursuant to the provisions of Section 40A:2-26 of the Local Bond Law of New Jersey, particularly paragraph (f) thereof and in lieu of the sale of more than one issue of bonds as provided for in said Local Bond Law, the several issues of bonds of this local unit authorized pursuant to bond ordinances of the local unit hereinabove in Sections 1 to 3, inclusive, described, shall be combined into a single and combined issue of bonds in the principal amount of $6,486,044.
The following matters in connection with said Bond Anticipation Notes are hereby determined:
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 to 3, inclusive, hereof 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;
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
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.
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.
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.
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.
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.
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.
This resolution shall take effect immediately.
Council President Lynch asked for a motion to adopt Resolution #14-43.
Moved: Patrick Rizzuto
Second: Brian Lynch
Council Member Kadish asked if the Local Finance Board has approved this application. Mr. Zuckerman indicated approval was not needed. A discussion ensued regarding the resolution, and Mr. Zuckerman explained the bonding process several different ways. Mr. Zuckerman clarified the MUA’s part of the note and explained how the Township is rolling all the Bond Anticipation Notes (BANs) into one to reduce the bond counsel fees. Council Member Murphy asked for clarification regarding the purchase of the MUA from United Water and the Township’s purchase of the assets. Mr. Zuckerman explained how the process works and what the responsibility of the MUA is with the note. Council Member Murphy asked that the MUA’s portion be separated out. Council Member Rizzuto stated this is smart financial management. Ms. Murphy asked about the interest rates and Mr. Zuckerman explained what would happen if the interest rates rise.
Council President Lynch made a motion to move the question and asked for a second to continue the vote. The Council President said they would continue the discussion. Council Member Kadish said he would like to see section 3 separated out and specifically identified as MUA. Mr. Zuckerman said the MUA has nothing to do with rolling the BANs, it is a Township obligation. Council President Lynch asked if we need to do a resolution to put this in a different line item, Mr. Zuckerman indicated it can be done. Council Member Kadish asked if the motion will be amended.
Council President Lynch said he is amending the motion for the CFO, Elke Yetter, to create a different line item to specifically state the obligation of the Sewer Authority. Council Member Murphy asked if this is to separate them out or just adding a line. Mr. Lynch said it is separating the obligation of the Township versus the MUA, as far as the Sewer Authority’s obligation.
Moved: Brian Lynch
Second:
No one seconded the motion.
Council President Lynch asked what the consequences would be if the Township didn’t refund the bonds. Mr. Zuckerman said the Township could be in default, and they would come due in about a week or so, and the Township would have difficulty borrowing.
Council President Lynch stated the motions that were made to move the question and the motion that was made to separate the lines did not go through. At this time Mr. Lynch asked the Clerk to call the roll.
A roll call vote was taken:
Ayes: Patrick Rizzuto, Dick Wetzel, Brian Lynch
Nays: Dan Kadish, Jean Murphy
Resolution #14-43 was approved.
Second Reading, Public Hearing on Proposed Ordinances
Council President Lynch read Ordinance #14-02 by title only. First reading was held on February 10, 2014.
Motion: Patrick Rizzuto
Second: Dick Wetzel
Council President Lynch opened the meeting for public hearing on this ordinance.
Seeing no members of the public wishing to come forward, Council President Lynch asked for a motion to close the public hearing, motion was made by Council Member Rizzuto and seconded by Council Member Wetzel.
Council Member Kadish questioned if we have to wait until the budget is passed/approved or is it included in the temporary budget. The Council President said that it is part of the Capital Investment fund that we voted on. Mr. Zuckerman answered that the temporary budget is only for operating expenses.
A roll call vote was taken:
Ayes: Dan Kadish, Jean Murphy, Patrick Rizzuto, Dick Wetzel, Brian Lynch
Nays: None
Ordinance #14-02 was approved.
Council Comments
Council Member Murphy asked that when the public presentation for the water park is made that some sort of advertising goes out to make the public aware other than the agenda, possibly advertise in the newspaper.
Council Member Murphy also questioned the Jessie Wolosky lawsuit which was voted on in December, she believed it was regarding OPRA. The Township Attorney, Kevin Kelly explained the lawsuit, that it had to do with employee records.
Council Member Murphy commented that she had had a question from the Bills List regarding an item, which she had asked Mr. Zuckerman already and received her answer.
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 Patrick Rizzuto. Motion seconded by Council Member Dan Kadish with all members voting in favor.
The Regular Meeting of the Township Council of the Township of Vernon was adjourned at 8:18 p.m.
Respectfully submitted,
Andrea Bates,
Deputy Municipal Clerk
Minutes approved: April 28, 2014
