Minutes: September 24, 2018

YouTube video of the September 24, 2018 council meeting »

The regular meeting of the Township Council of the Township of Vernon was convened at 6:00 p.m. on July 23, 2018 in the Vernon Municipal Center, 21 Church Street, Vernon, New Jersey with Council President Jean Murphy presiding.

Statement of Compliance

Adequate notice of this meeting had been provided to the public and the press on January 5, 2018 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

Present were Council Members Sandra Ooms, Dan Kadish, Mark Van Tassel, John Auberger and Council President Jean Murphy, Business Administrator Charles Voelker, JIF Attorney Tracy Bussel and Township Attorney Marlin Townes.

Executive Session

Attorney Townes read the Resolution for the Council to enter Executive Session.

Resolution to Go into Executive Session

WHEREAS, the Open Public Meetings Act, N.J.S.A. 10:4-6 permits the exclusion of the public in certain circumstances; and

WHEREAS, this public body is of the opinion that such circumstances presently exist;

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Vernon as follows:

1. The public shall be excluded from discussion of and action upon the hereinafter specified subject matter.

2. The general nature of the subject matters to be discussed are:

a. Litigation

Council President Murphy asked for a motion to go into Executive Session at 6:01 p.m.
Moved: John Auberger
Second: Dan Kadish
All members were in favor.
Motion carried to enter Executive Session.

Council President Murphy asked for a motion to adjourn Executive Session at 6:44 p.m. and reconvene the Regular meeting at 7:00 p.m.
Moved: Dan Kadish
Second: Jean Murphy
All members of the Council were in favor.

The meeting of the Township Council of the Township of Vernon was convened at 7:00 p.m. on Monday, September 24, 2018 in the Vernon Municipal Center, 21 Church Street, Vernon, New Jersey with Council President Jean Murphy presiding.

Statement of Compliance

Adequate notice of this meeting has been provided to the public and the press on January 5, 2018 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.

Salute to the Flag

Council Member Murphy led the assemblage in the salute of the flag.

Roll Call of Members

Present were Council Members Sandra Ooms, Dan Kadish, John Auberger, Mark Van Tassel, and Council President Jean Murphy. Also present were Business Administrator Charles Voelker, and Township Attorney Marlin Townes.

Proclamations

Council Member Dan Kadish read the Bells Across America proclamation, honoring our nations’ firefighters.

Recognizing Bells Across America

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 will be held during National Fallen Firefighters Memorial Weekend held on October 6 and 7 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.

Public Comments (On Current Agenda Items Only)

Council President Murphy asked for a motion to open the meeting to public comments.
Moved: John Auberger
Second: Mark Van Tassel
All members voted in favor.

Seeing no more members of the public wishing to come forward, Council President Murphy asked for a motion to close the meeting to public comments.
Moved: Dan Kadish
Second: Sandra Ooms
All members voted in favor.

Minutes

Council President Murphy asked for a motion to approve:

Regular Meeting Minutes August 27, 2018
Executive Session Minutes of August 27, 2018
Regular Meeting Minutes September 10, 2018

Moved: Dan Kadish
Second: John Auberger

A roll call vote was taken:
Ayes: Sandra Ooms (September 10), Dan Kadish, John Auberger, Mark Van Tassel, Jean Murphy
Nays: None
Abstain: Sandra Ooms (August 27)
Absent: None

Resolutions Requiring Separate Action

Council President Murphy gave a brief explanation of Resolutions #18-210 to #18-211.

Council President Murphy asked for a motion to approve Resolutions #18-210 to #18-211.
Moved: Dan Kadish
Second: John Auberger

A roll call vote was taken:
Ayes: Sandra Ooms, Dan Kadish, Mark Van Tassel, Jean Murphy
Nays: None
Abstain: John Auberger
Absent: None
Motion carried to approve Resolutions #18-210 to #18-211.

Resolution #18-210: Approving a Charitable Solicitor’s Permit: Vernon Township Fire Department

WHEREAS, Vernon Township Fire Department, PO Box 461, Vernon, NJ 07462, has made application for a Charitable Roadside Solicitor’s Permit for the purposes of soliciting funds on June 30, 2018 at the intersection of Church/Main Street and State Highway 94; and

WHEREAS, in accordance with Ordinance 18-12, the Vernon Township Police Department has reviewed the necessary application found that all documentation is in order;

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Vernon that approval be granted for a Charitable Roadside Solicitor’s Permit for Vernon Township Fire Department, PO Box 461, Vernon, NJ 07462 October 28, 2018 at the intersection of Church/Main Street and State Highway 94 as depicted on the attached map, subject to the approval of the County of Sussex and State of New Jersey as needed.

BE IT FURTHER RESOLVED that the Township Clerk is hereby authorized to issue a Charitable Roadside Solicitor’s Permit to the aforesaid applicant in accordance with Chapter 428 of the Code of the Township of Vernon upon receipt of the approval from the County of Sussex.

Resolution #18-211: Authorizing Negotiations for Fire Department Turnout Gear Cleaning Under N.J.S.A. 40a:11-5(3)

WHEREAS, the Township publicly advertised and sought receipt of public bids on July 24, 2018 at 10:45 a.m. and August 14, 2018 at 10:30 a.m. for a total of two (2) times for a Fire Department Turnout Gear Cleaning; and,

WHEREAS, the Township has duly advertised for bid #11-2018 and #11R-2018 where no bids were received on both occasions; and,

WHEREAS, the New Jersey State Local Publics Contract Law, N.J.S. A40A:11-5(3) allows for negotiations subsequent to two (2) rejected or non-received bids; and,

WHEREAS, it remains the desire of Township of Vernon to secure a contract with a local and economically efficient provider of Fire Department Turnout Gear Cleaning for the Fire Departments; and,

WHEREAS, relief is available through the New Jersey Local Public Contract Law N.J.S.A.40A:11-5(3) and the Township desires to avail itself of this remedy through negotiations

NOW THEREFORE, BE IT RESOLVED by the Township Council of the Township of Vernon, Sussex County, that the Township Administrator and Qualified Purchasing Agent or their designee are authorized to enter into negotiations with contractors under the provisions of N.J.S.A. 40A:11- 5(3) which correspond to available funding.

This Resolution shall take effect immediately.

Resolution #18-214

Council President Murphy gave a brief explanation of Resolution #18-214.

Council President Murphy asked if this was for a permanent part-time or a temporary position. Administrator Voelker explained this was a temporary position. Council President Murphy asked what the position encompassed. Administrator Voelker indicated the Township had two (2) temporarily positions one to provide a person for the tax collector’s office and the other for the building department. Administrator Voelker explained this was in part to work on the add-in cards for the tax assessor from the building department. Council President Murphy questioned exactly how long was the temporary appointment? Administrator Voelker explained the appointment would be through the end of the quarter unless it didn’t work out or the work is done sooner. Administrator Voelker explained that a person had resigned in July from building. Council President Murphy asked for the progress on the automation. Administrator Voelker stated training would be set up this Wednesday with Spatial Data who did the different modules for various departments. Administrator Voelker stated the biggest benefit was for the building department so people can submit and pay for their permits on line and see the progress of the permit on line. Council President Murphy noted that the building person was in tax and only part time in building. Administrator Voelker noted they were in tax only when quarterly payments were due.

Council President Murphy asked for a motion to approve Resolution #18-214.
Moved: Dan Kadish
Second: Sandra Ooms

A roll call vote was taken:
Ayes: Sandra Ooms, Dan Kadish, John Auberger, Mark Van Tassel, Jean Murphy
Nays: None
Abstain: None
Absent: None
Motion carried to approve Resolution #18-214.

Resolution #18-214: 2018 Salary for Non-Union Part Time Employees

WHEREAS, Ordinance #18-19 amended salary ranges for non-union full time and part time employees.

NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of Vernon, County of Sussex, State of New Jersey that the following persons be compensated at the annual or hourly salary or wage, the same being consistent with Ordinance #18-19 effective date as listed below.

Consent Agenda

Council President Murphy gave a brief explanation of Resolutions #18-212, #18-213 and #18-215.

Council President Murphy asked for a motion to approve Resolutions #18-212, #18-213 and #18-215.
Moved: Dan Kadish
Second: John Auberger

A roll call vote was taken:
Ayes: Sandra Ooms, Dan Kadish, John Auberger, Mark Van Tassel, Jean Murphy
Nays: None
Abstain: None
Absent: None
Motion carried to approve Resolutions #18-212, #18-213 and #18-215.

Resolution #18-212: Authorizing Negotiations for Excavation and Equipment Operator Services Under N.J.S.A. 40a:11-5(3)

WHEREAS, the Township publicly advertised and sought receipt of public bids on July 24, 2018 at 11:00 a.m. and August 14, 2018 at 10:40 a.m. for a total of two (2) times for Excavation and Equipment Operator Services; and,

WHEREAS, the Township has duly advertised for bid #7-2018 and #7R-2018 where no bids were received on both occasions; and,

WHEREAS, the New Jersey State Local Publics Contract Law, N.J.S. A40A:11-5(3) allows for negotiations subsequent to two (2) rejected or non-received bids; and,

WHEREAS, it remains the desire of Township of Vernon to secure a contract with a local and economically efficient provider of Excavation and Equipment Operator Services; and,

WHEREAS, relief is available through the New Jersey Local Public Contract Law N.J.S.A.40A:11-5(3) and the Township desires to avail itself of this remedy through negotiations

NOW THEREFORE, BE IT RESOLVED by the Township Council of the Township of Vernon, Sussex County, that the Township Administrator and Qualified Purchasing Agent or their designee are authorized to enter into negotiations with contractors under the provisions of N.J.S.A. 40A:11-5(3) which correspond to available funding.

This Resolution shall take effect immediately.

Resolution #18-213: Resolution Authorizing the Issuance of Not Exceeding $2,401,084 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 (the “Township”) 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 Township in a principal amount not exceeding $2,401,084 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: All bond anticipation notes (the “notes”) issued hereunder shall mature at such times as may be determined by the treasurer, the chief financial officer or the acting chief financial officer of the Township (the “Chief Financial Officer”), provided that no note shall mature later than one year from its date. The notes shall bear interest at such rate or rates and be in such form as may be determined by the Chief Financial Officer and shall be signed and sealed by officials and officers of the Township in any manner permitted by N.J.S.A. §40A:2-25. The Chief Financial Officer shall determine all matters in connection with the notes issued hereunder, and the Chief Financial Officer’s signature upon the notes shall be conclusive evidence as to all such determinations. All notes issued hereunder may be renewed from time to time subject to the provisions of N.J.S.A. §40A:2-8. The Chief Financial Officer is hereby authorized to sell part or all of the notes at not less than par from time to time at public or private sale and to deliver them to the purchasers thereof upon receipt of payment of the purchase price. The Chief Financial Officer is directed to report in writing to the governing body of the Township at the meeting next succeeding the date when any sale or delivery of the notes hereunder is made. Such report must include the principal amount, interest rate and maturities of the notes sold, the price obtained and the name of the purchaser.

Section 3: Any note 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 the notes 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 4: 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 5: All action heretofore taken by Township officials and professionals with regard to the sale and award of the notes is hereby ratified, confirmed, adopted and approved.

This resolution shall take effect immediately.

Resolution #18-215: Authorize the Award of a Required Disclosure Contract with Montague Tool and Supply Co. for Contractor Power and Safety Supplies

WHEREAS, the Township of Vernon has a need for contractor, power and safety supplies for its public works functions, through Montague Tool and Supply Co., 42 Broad Street Branchville, NJ 07826 as a required disclosure contract pursuant to the provisions of N.J.S.A. 19:44A-20.4; and,

WHEREAS, the Sean Canning, Q.P.A., of the Canning Group, LLC has determined and certified in writing that the value of the acquisition will exceed $17,500; and,

WHEREAS, the anticipated term of this contract is for the year of 2018; and

WHEREAS, Montague Tool and Supply Co., in the aggregate is expected to provide more than the pay to play threshold of $17,500.00; and

WHEREAS, Montague Tool and Supply Co., has completed and submitted a Business Entity Disclosure Certification and a Personal Contribution Disclosure form which certifies that Montague Tool and Supply Co has not made any reportable contributions to a political or candidate committee in the Township of Vernon in the previous one year, and that the contract will prohibit Montague Tool and Supply Co. from making any reportable contributions through the term of the contract, and

WHEREAS, the Chief Financial Officer hereby certifies that funds NOT TO EXCEED $27,000.00 are available in Account: 10576520.

NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the Township of Vernon authorizes the Business Administrator to enter into a contract with Montague Tool and Supply Co., not to exceed $27,000.00 for the 2018 budget year for contractor, power and safety supplies; and,

BE IT FURTHER RESOLVED, that the Business Disclosure Entity Certification and Personal Contribution Disclosure form, Determination of Value be placed on file with this resolution.

Introduction/1st Reading of Proposed Ordinances

Council President Murphy read Ordinance #18-27 by title only:

Ordinance #18-27: An Ordinance of the Township of Vernon, County of Sussex, State of New Jersey Authorizing the Sale of Property Owned by the Township and Not Required for Public Purposes and More Commonly Known as Herold Square 114 Rt. 94, Block 232, Lot 12

Council President Murphy asked for a motion to introduce Ordinance #18-27 with a public hearing to be held on October 11, 2018.
Motion: Dan Kadish
Second: Mark Van Tassel

A roll call vote was taken:
Ayes: Sandra Ooms, Mark Van Tassel, John Auberger, Jean Murphy
Nays: Dan Kadish
Abstain: None
Absent: None
Motion carried to approve introduction of Ordinance #18-27 with a public hearing to be held October 11, 2018.

Public Comments (Limited to 3 minutes on any topic)

Council President Murphy asked for a motion to open the meeting to public comments.
Moved: John Auberger
Second: Mark Van Tassel
All members voted in favor.

Zoe Heath, Great Gorge Village, came forward. Ms. Heath indicated that she had created a petition to change Columbus Day to Indigenous People’s Day. Ms. Heath stated her petition did not garner much support, however, Ms. Heath felt it was important to come to the meeting tonight. Ms. Heath claimed Columbus did not discover America was the reason many Indigenous People’s here are still disenfranchised to this day. Ms. Heath expressed support for changing the holiday.

Seeing no more members of the public wishing to come forward, Council President Murphy asked for a motion to close the meeting to public comments.
Moved: John Auberger
Second: Dan Kadish
All members voted in favor.

Mayor’s Report

Mayor Shortway was not present.

Council Comments

Council Member Kadish noted a grant had been received for the Black Creek site for $5,107.00 and was pleased that Vernon received it. Council Member Kadish expressed admiration for Congressman Gottheimer who came to Vernon at 4:30 a.m., performed two ribbon cuttings, then went to Atlantic City for a convention, and returned to Vernon for a fund raiser.

Council Member Van Tassel stated he had no comments.

Council Member Ooms stated she had no comments.

Council Member Auberger stated he had no comments.

Council President Comments

Council President Murphy stated she had no comments.

Adjournment

There being no further items of business to be conducted on the agenda, a motion for Adjournment was made by Council Member Kadish, seconded by Council Member Auberger with all members voting in favor.

The Regular Meeting of the Township Council of the Township of Vernon was adjourned at 7:15 p.m.

Respectfully submitted,
Lauren Kirkman, RMC, CMR
Municipal Clerk

Minutes approved: October 11, 2018