Minutes: July 1, 2011 (R)

The Reorganization Meeting of the Township Council of the Township of Vernon was convened at 12:00 p.m. on Friday, July 1, 2011 in the Vernon Township High School Auditorium, 1832 Route 565, Vernon, New Jersey, with John Ursin presiding. Mr. Ursin noted the historic significance of this occasion. He advised that this Reorganization meeting was statutorily required due to the new form of government.

The Fife and Bugle Drum Corps played a marching medley as they marched into the auditorium in celebration of the historic day. Bagpipers were included in the group.

Statement of Compliance

Adequate notice of this meeting had been provided to the public and the press on June 22, 2011, and was posted on the bulletin board in the Municipal Building in accordance with the Open Public Meetings Act, N.J.S.A. 10:4-6.

Salute to the Flag

Mr. Ursin asked Mayor Elect Vic Marotta to lead the assemblage in the salute to the flag.

Vernon High School students Noelle and Shea Dowd and their mother Karen Dowd sang the National Anthem.

Certification of Elected Officials

Mr. Ursin asked the Clerk to certify the results of the Mayoral Election. Ms. Nelson noted that the highest vote getter was Victor J. Marotta. Mr. Marotta was sworn in by Judge Devine and took the oath of office of Mayor. He took his place at the dais.

Roll Call of Members

Mr. Ursin asked the Clerk to certify the results of the Council Election. Ms. Nelson read the five highest vote getters in alphabetical order: Eddie Dunn; Dan Kadish; Brian Lynch; Patrick Rizzuto; and Dick Wetzel. As each member’s name was read, they came down, took the oath of office, and were sworn in by Judge Devine. Each member then took their seats at the dais.

Terms of Office

The Members then had a drawing, in order of swearing in, for their terms of office (3 members will serve for 2 years, and 2 members will serve for 4 years).

Eddie Dunn—2 years
Dan Kadish—4 years
Brian Lynch—4 years
Patrick Rizzuto—2 years
Dick Wetzel—2 years

Council President

Council Member Patrick Rizzuto moved to nominate Brian Lynch as Council President. The motion was seconded by Dick Wetzel. All were in favor. Brian Lynch was approved as Council President.

Council President Lynch thanked the Fife and Bugle Drum Corps for their music. They played another song. Mr. Lynch recognized the many dignitaries and local attendees who helped to make this day special. Among those noted were: The Morris County Pipe Bank; Judge Devine; State Senator Oroho; Assemblyman Gary Chiusano; Mayor Paul Crowley of Franklin Borough; Freeholder Phil Crabb; Freeholder Director Rich Zeoli; Sussex County Undersheriff Ken Kazicki; Police Chief Wherry; brother firefighters, Chief Tim Davis of the Highland Lakes Fire Department, and Chief Greg Carter of the Vernon Fire Department; Michael Emmerich, President of the Vernon Ambulance Squad; Vernon Board of Education Administrator Steve Kepnes; Fr. Boland of St. Francis; Rev. Spence of Christ Community Church; President John Harrigan of the Vietnam Veterans, Walkhill Chapter; VFW Commander Sean Harrigan; Mark Shock of Sussex County; Fr. Bob Solon of St. Thomas; and Sussex County Utilities Authority Commissioner Wayne Dietz. Mr. Lynch advised that if anyone was missed, they should blame Mr. Giaimis. Everyone laughed. He asked Mr. David Zweier, President of the Board of Education, and John McGowan, member of the Board of Education, to stand.

Mayoral Nominations—Department Heads

Mayor Marotta made the following nominations:

Council President Lynch asked Council to vote on all nominations together.

Moved: Patrick Rizzuto
Seconded:Dick Wetzel

A roll call vote was taken:
Ayes: Eddie Dunn, Dan Kadish, Patrick Rizzuto, Dick Wetzel, Brian Lynch
Nays:
Abstain:
The appointments were approved.

Presentation of Town Seal

Council President Lynch asked Jessi Paladini to come forward and present the new Township Seal. Ms. Paladini spoke about how this was a historic day for the Township. She also noted that the Historical Society had volunteered their time to arrange for the renovations to town hall. She recognized the many people who contributed to the creation of the new seal: Sasha Dorsey (bottom left photo); Susan Keho (bear photo); Adam Paladini (a photo on the seal); Tom McClachrie; Liz Walker; Sally Rinker (her initiative started it all); Pat Seger; and the Appalachian Trail Conference. She advised that the new seal represents the four (4) seasons of activities in Vernon.

Mayor Marotta thanked all the volunteers.

Council President Lynch pointed out that the bear was not holding a garbage can!

Public Comments

Council President Lynch opened the meeting for public comment.

Tom McClachrie—asked that the new governing body follow the simple premise to give the public the truth.

Eloise Ruskin—advised that she was proud of the process for the new government, and was glad for the new form of government.

Beverly Budz—reminded everyone in attendance that there was a fine for not controlling resident’s garbage.

Jamie Rickey—congratulated the new governing body, and felt that everyone had held a civil campaign. He asked for a new office of youth management to bring the town’s youth core forward, and noted that he would love to serve in this capacity.

John McGowan—Board of Education member—he pledged that, as the longest-standing elected official in Vernon after 26 years on the Board, he would work with the Council and Mayor in any way he can.

Eva Farloto—asked the Mayor about the article in the paper relative to the cancelled seminar to educate the public. She noted that she had hoped the new governing body would show more respect for each other and the public. She advised that she wants truth and respect from all of them and then they will get it back from the residents.

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.

Moved: Dan Kadish
Second: Patrick Rizzuto
All Members were in favor.

Consent Agenda

Resolutions #11-115 through #11-123

Motion to remove #11-116, 11-117 and 11-118, and approve all others from the Consent Agenda.
Moved: Daniel Kadish
Seconded: Patrick Rizzuto

Ayes: Eddie Dunn, Daniel Kadish, Patrick Rizzuto, Dick Wetzel, Brian Lynch
Nays: None
Abstain:
Consent Agenda items #11-115, 11-119, 11-120, 11-121, 11-122, and 11-123 were adopted.

Resolution #11-115: Designation of Official Newspaper for 2011

WHEREAS, N.J.S.A. 40:53-1 et al. of the Open Public Meetings Act requires that the governing body of every municipality designate an official newspaper or newspapers for the publication of all advertisements and notices required by law to the published by the municipality; and

WHEREAS, the second newspaper designated by this body must be one which has the greatest likelihood of informing the public within the jurisdictional boundaries of this body of such meetings; and

WHEREAS, The New Jersey Herald/Sunday Herald is hereby designated to receive all notices of meetings as required under the Open Public Meetings Act and The Advertiser News and the Vernon Aim will be designated as the alternate newspapers; and

WHEREAS, it is the opinion of this public body that The New Jersey Herald/Sunday Herald, have the greatest likelihood of informing the public within the jurisdictional area of this public body of such meetings.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Township of Vernon, County of Sussex, State of New Jersey that The New Jersey Herald/ Sunday Herald is hereby designated as the official newspaper for the 2011 Year and will receive all Notices of meetings of the Township Council as required by the Open Public Meetings Act, and The Advertiser News and the Vernon Aim will be designated as alternate newspapers of the Township of Vernon.

This resolution shall take effect immediately.

Resolution #11-119: Reauthorizing Petty Cash Funds for Calendar Year 2011

WHEREAS, N.J.S.A. 40A:5-21 authorizes the establishment of a Petty Cash Fund in municipalities by application and resolution; and,

WHEREAS, it is the desire of the Township of Vernon to establish the following Petty Cash Funds for calendar year 2011 as follows:

NOW, THEREFORE BE IT RESOLVED that the Council of the Township of Vernon hereby authorizes such action and that the Township Clerk file two copies of this resolution with the Division of Local Government Services, State of New Jersey

Resolution #11-120: Establishing Interest Rates for Delinquent Property Taxes and Assessments

WHEREAS, N.J.S.A. 54:4-67 permits the governing body of each municipality to fix the rate of interest to be charged for nonpayment of taxes or assessments subject to any abatement or discount for the late payment of taxes as provided by law; and

WHEREAS, N.J.S.A. 54:4-67 has been amended to provide an additional penalty of up to six percent (6%) on delinquent taxes and all municipal charges in excess of $10,000.00 that are not paid prior to the end of the fiscal year; and

WHEREAS, this resolution is necessary for efficient and uninterrupted operations of the business of the Tax Collector.

NOW THEREFORE BE IT RESOLVED by the Township Council of the Township of Vernon that:

1. The Tax Collector of Vernon Township is authorized to cancel all payments of taxes of $10.00 or less.
2. That no interest shall be charged if payment of any installment is made within ten (10) days after date upon which the same became payable.
3. That the rate of interest to be charged for nonpayment of taxes on or before they would become delinquent shall be 8% per annum on the first $1,500.00 of the delinquency and 18% per annum, on any amount in excess of $1,500.00, and;
4. Interest at the rate of 8% per annum on the unpaid balance of assessment is charged with each installment on due date. Any installment not paid on or before due date is subject to 8% interest, 18% interest over $1,500.00.
5. That the Chief Financial Officer of the Township of Vernon is hereby authorized to make investments for the Township of Vernon.

Resolution #11-121: Authorizing the Municipal Tax Assessor and the Municipal Attorney to Defend the Township Before the Sussex County Board of Taxation for Tax Appeals

WHEREAS, the County Tax Board requires the governing body of each municipality to pass a resolution authorizing the Assessor and municipal attorney of the municipality to file and prosecute any and all tax appeals, farmland rollback complaints, and any added and omitted assessment complaints before the Sussex County Tax Board.

THEREFORE BE IT RESOLVED by the governing body of the Township of Vernon that the Assessor and municipal attorney are hereby authorized to file, prosecute, defend, stipulate, and/or agree upon all contested appeals before the Sussex County Board of Taxation and Tax Court of the State of New Jersey, and to initiate municipal appeals to correct the Township of Vernon tax list, including but not limited to, rollback complaints, added and omitted assessment complaints, and such other appeals as are necessary to correct property assessments for the Township of Vernon; and

BE IT FURTHER RESOLVED that the Assessor and the Municipal Attorney are hereby designated as the agents of the Township of Vernon for the purpose of signing settlements of the foregoing matters by stipulation.

BE IT FURTHER RESOLVED that the Municipal Clerk is directed to forward a certified copy of this Resolution to the Sussex County Tax Board.

Resolution #11-122: Appointment of Public Agency Compliance Officer

WHEREAS pursuant to the provisions of N.J.A.C. 17:27-1 the Township of Vernon is required to designate a Public Agency Compliance Officer on an annual basis; and

WHEREAS said Public Agency Compliance Officer shall act as the official liaison for all equal opportunity employment matters in the administration of public contracts; and

WHEREAS the Township designates the Township Manager as the Public Agency Compliance Officer for calendar year 2011;

NOW THEREFORE BE IT RESOLVED by the Council of the Township of Vernon that it hereby designates the Business Administrator as the Township’s Public Agency Compliance Officer for calendar year 2011; and

BE IT FURTHER RESOLVED that the Municipal Clerk shall forward a certified copy of this Resolution to the New Jersey Department of the Treasury Affirmative Action Office as required.

Resolution #11-123: Appointing Township Manager as ADA Coordinator

WHEREAS, every municipality is required to designate an ADA Coordinator; and

WHEREAS, the ADA Coordinator’s role is to ensure the Township’s compliance with the Americans with Disabilities Act.

NOW THEREFORE BE IT RESOLVED by the Council of the Township of Vernon that the Business Administrator is hereby appointed as the ADA Coordinator for Vernon Township.

Resolutions Requiring Separate Action

Resolution #11-116: Designating Meeting Dates of the Township Council

BE IT RESOLVED, in accordance with the Open Public Meetings Act, N.J.S.A. 10:4-1 et. seq., the Reorganization Meeting of the Township Council of the Township of Vernon shall convene at 12:00 p.m. on July 1, 2011 at the Vernon Township High School Auditorium, 1832 RT 565, Vernon, New Jersey. Formal action will be taken at the Reorganization Meeting.

BE IT FURTHER RESOLVED, in accordance with the Open Public Meetings Act, N.J.S.A. 10:4-1 et. seq., the Regular Meetings of the Township Council of the Township of Vernon shall convene on the Second and Fourth Mondays of each Month at 6:00 p.m. at the Vernon Municipal Center, 21 Church Street, Vernon, New Jersey for the following meeting dates:

July 11 and 25
August 8 and 22
September 12 and 26
October 13* and 24
November 14 and 28
December 12 and 27*

* Meeting day moved due to holiday

BE IT FURTHER RESOLVED that the Township Council shall immediately convene into Executive Session after opening their Regular Meeting at 6:00 p.m. in order to discuss those matters in executive session from which the public shall be excluded and at 7:00 p.m., or as soon thereafter, the public portion of the meeting will recommence. Formal action may be taken at any Regular Council Meeting.

BE IT FURTHER RESOLVED that all meetings shall be opened to the public and public participation will be entertained at all meetings but limited to five (5) minutes for each speaker to provide the Governing Body sufficient time to complete its work.

BE IT FURTHER RESOLVED that all Notices required by the Open Public Meetings Act shall be published in The New Jersey Herald and if needed as alternate newspapers, The Advertiser News and The Vernon Aim, and shall be posted on the bulletin board in the Municipal Building.

Motion to adopt the Resolution with the following change: the meeting time from 6:00 p.m. to 6:30 p.m. for Executive Session, and from 7:00 p.m. to 7:30 p.m. for public session.

Moved: Brian Lynch
Seconded: Eddie Dunn

A roll call vote was taken:
Ayes: Eddie Dunn, Daniel Kadish, Patrick Rizzuto, Dick Wetzel, Brian Lynch
Nays: None
Abstain:
Resolution #11-116 was adopted as amended.

Resolution #11-118: Authorizing Signatures on Township Checks Pursuant to N.J.S.A. 40A:5-16

BE IT RESOLVED by the Council of the Township of Vernon that the following Township Officials are hereby authorized to sign checks, withdrawal slips or other bank related items with two out of the four below listed principal signatures being required:

Mayor
Business Administrator
Chief Financial Officer
Municipal Clerk

BE IT FURTHER RESOLVED that signature cards with the signatures of the persons authorized to sign be on file at all banks that presently have Township accounts.

This Resolution shall take effect immediately upon adoption according to law.

Council Member Kadish asked about Resolution #11-118 and why so many people were listed as check signers. Bill Zuckerman advised that without this Resolution no checks could be signed for the Township. Mr. Kadish asked if only 3 people could sign checks. Mr. Zuckerman noted that some were alternate signers, but that at the very least the Treasurer must sign all checks.

Resolution #11-117: Resolution to Adopt a Cash Management Plan

BE IT RESOLVED by the Township Council of the Township of Vernon, County of Sussex, that for the year 2011, the following shall serve as the cash management plan of the Township of Vernon.

1. Cash Management and Investment Objectives

The Township of Vernon has the following objectives.

1. Preservation of capital.
2. Adequate safekeeping of assets.
3. Maintenance of liquidity to meet operating needs.
4. Investment of assets in accordance with State and Federal Laws and regulations.
5. Maximize Yield.

2. Designation of Official Depositories

The following Government Unit Protection Act approved banks are authorized depositories for deposit of funds:

• Sussex Bank
• Valley National Bank
• Highlands State Bank
• Lakeland Bank
• PNC Bank

3. Cash Management

1. All funds shall be deposited within 48 hours of receipt in accordance with N.J.S.A.40A:5-15
2. The Chief Financial Officer shall minimize the possibility of idle cash accumulating in accounts by assuring that any excess amounts not needed to cover expenses or in excess of negotiated compensating balances are kept in interest bearing accounts or promptly swept into the investment portfolio.
3. Investment decisions shall be guided by the cash flow projections prepared by the Chief Financial Officer.

4. Permissible Investments

1. Certificates of Deposits
2. Savings and Loan Associations and Saving Bank Accounts
3. New Jersey Cash Management Plan
4. MBIA Municipal Investors Service Corporation CLASS

5. Authority for Investment Management

The Chief Financial Officer is authorized and directed to make investments on behalf of the Township. All investment decisions shall be consistent with this plan and all appropriate regulatory constraints.

6. Reporting

The Chief Financial Officer shall report to the Township Council investments in accordance with N.J.S.A. 40A: 5-15.2.

7. Audit

The Cash Management Plan shall be subject to annual audit conducted pursuant to N.J.S.A. 40A: 5-14.

8. Disposition of Abandoned Property

The Chief Financial Officer shall escheat to the State of New Jersey checks which remain outstanding for more than twelve months after the date of issuance.

Council Member Kadish asked about Resolution #11-117. Mr. Zuckerman advised that this Resolution directs him to do investments. Mr. Kadish asked if it could be moved to the next meeting on July 11. Mr. Zuckerman said that it could.

Motion to table Resolution #11-117 to the meeting of July 11, 2011.
Moved: Dick Wetzel
Seconded: Eddie Dunn

All were in favor, and Resolution #11-117 was tabled to July 11.

Discussion continued on Resolution #11-118.

Bill Zuckerman advised that the Resolution offers the names of 4 authorized check signers, with only 2 of those signatures on each check. The other 2 would be used in case one of the primary signers was unavailable. Council Member Rizzuto asked if the Resolution were adopted, could it be changed at a later date. Mayor Marotta asked if Council would adopt the Resolution as is and then discuss any changes to be made at the July 11 meeting. Mr. Kadish withdrew his objection.

Motion to adopt Resolution #11-118.
Moved: Eddie Dunn
Seconded: Patrick Rizzuto

A roll call vote was taken:
Ayes: Eddie Dunn, Daniel Kadish, Patrick Rizzuto, Dick Wetzel, Brian Lynch
Nays: None
Resolution #11-118 was adopted.

Resolution #11-124: Authorizing the Continuing Appointment for Professional Prosecutor Services to Complete Ongoing Cases to Alicia Saavedra Ferrante, Esq.

WHEREAS, the Township of Vernon at the Reorganization Meeting of January 3, 2011 appointed Alicia Saavedra Ferrante as the Prosecutor for the Municipal Court for 2011; and

WHEREAS, due to the form of government change beginning July 1, 2011, the new Mayor and Council may appoint new professionals to represent the Township; and

WHEREAS, there is a need to appoint the current prosecutor, Alicia Saavedra Ferrante, on a continuing basis, per the existing contract, for the sole purpose, to complete any ongoing cases for the Vernon Township Municipal Court; and

WHEREAS, N.J.S.A. 40A:11-5 specifically exempts professional services from provisions of public bidding as provided in the Local Public Contracts Law; and

WHEREAS, the Chief Finance Officer has determined and certified that funds are available for this purpose in the 2011 Municipal Budget.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Township of Vernon that they hereby authorize and approve the Continuing Appointment of Prosecutor for the sole purpose to complete any ongoing cases for the Vernon Township Municipal Court pursuant to a fair and open contract pursuant to the provisions of the Local Public Contracts Law, N.J.S.A. 40A:20-1 et seq.

This Resolution shall take effect immediately according to law.

Moved: Daniel Kadish
Seconded: Dick Wetzel

A roll call vote was taken:
Ayes: Eddie Dunn, Daniel Kadish, Patrick Rizzuto, Dick Wetzel, Brian Lynch
Nays: None
Resolution #11-124 was adopted.

Resolution #11-125: Authorizing the Continuning Appointment for Professional Public Defender Services to Complete Ongoing Cases to James Sloan, Esq.

WHEREAS, the Township of Vernon at the Reorganization Meeting of January 3, 2011 appointed James Sloan as the Public Defender for the Municipal Court for 2011; and

WHEREAS, due to the form of government change beginning July 1, 2011, the new Mayor and Council may appoint new professionals to represent the Township; and

WHEREAS, there is a need to appoint the current Public Defender, James Sloan, on a continuing basis, per the existing contract, for the sole purpose, to complete any ongoing cases for the Vernon Township Municipal Court; and

WHEREAS, N.J.S.A. 40A:11-5 specifically exempts professional services from provisions of public bidding as provided in the Local Public Contracts Law; and

WHEREAS, the Chief Finance Officer has determined and certified that funds are available for this purpose in the 2011 Municipal Budget.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Township of Vernon that they hereby authorize and approve the Continuing Appointment of Public Defender for the sole purpose to complete any ongoing cases for the Vernon Township Municipal Court pursuant to a fair and open contract pursuant to the provisions of the Local Public Contracts Law, N.J.S.A. 40A:20-1 et seq.

This Resolution shall take effect immediately according to law.

Moved: Daniel Kadish
Seconded: Patrick Rizzuto

A roll call vote was taken:
Ayes: Eddie Dunn, Daniel Kadish, Patrick Rizzuto, Dick Wetzel, Brian Lynch
Nays: None
Resolution #11-125 was adopted.

Resolution #11-126: Authorizing the Continuning Appointment for Professional Utility Engineering Services to Hatch Mott MacDonald

WHEREAS, the Township of Vernon at the Reorganization Meeting of January 3, 2011 appointed Hatch Mott MacDonald for Professional Utility Engineer Services for 2011; and

WHEREAS, due to the form of government change beginning July 1, 2011, the new Mayor and Council may appoint new professionals to represent the Township; and

WHEREAS, there is a need to appoint the current Utility Engineer, Hatch Mott MacDonald, on a continuing basis, per the current contract, to complete any ongoing issues for Vernon Township; and

WHEREAS, N.J.S.A. 40A:11-5 specifically exempts professional services from provisions of public bidding as provided in the Local Public Contracts Law; and

WHEREAS, the Chief Finance Officer has determined and certified that funds are available for this purpose in the 2011 Municipal Budget.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Township of Vernon that they hereby authorize and approve the Continuing Appointment of Utility Engineer for any ongoing issues for Vernon Township, per the terms and conditions in the current contract, pursuant to a fair and open contract pursuant to the provisions of the Local Public Contracts Law, N.J.S.A. 40A:20-1 et seq.

This Resolution shall take effect immediately according to law.

Moved: Patrick Rizzuto
Seconded: Eddie Dunn

A roll call vote was taken:
Ayes: Eddie Dunn, Daniel Kadish, Patrick Rizzuto, Dick Wetzel, Brian Lynch
Nays: None
Resolution #11-126 was adopted.

Mayoral Nominations of Professional Services by Consent and Approval of Council

Council Member Kadish asked the Mayor about the last 2 appointments for Risk Management. Mayor Marotta explained the differences between the 2 nominations.

Motion to accept the nominations as listed.
Moved: Daniel Kadish
Seconded: Patrick Rizzuto

A roll call vote was taken:
Ayes: Eddie Dunn, Daniel Kadish, Patrick Rizzuto, Dick Wetzel, Brian Lynch
Nays: None
The Nominations were accepted.

Council President Lynch asked the Mayor for an analysis of current programs, which the Mayor agreed to provide.

Council President

Council President Lynch advised that he felt it was an honor to serve in this historic time for Vernon. He promised to work together with the rest of the governing body, noting that there might be spirited debates but that there would be no more insults.

Council Business

Council Member Kadish felt that “Git r done” said it all.

Council Member Dunn advised that the Pledge of Allegiance and the Star Spangled Banner had affected him. He felt great pride. He pledged to fight against the status quo, and that he would show great loyalty to this Council, the Mayor, and the employees.

Council Member Rizzuto noted that his years of experience on the Board of Education had given him great experience. He hoped that the residents think of themselves as members of Vernon and not of Highland Lakes, Glenwood, or other areas in the vast 69 square miles of this Township. He advised that his wife had been unable to attend today.

Council Member Wetzel advised that he was a happy man today, and thanked those that came out to support him.

Council President Lynch and Council Member Dunn noted that they had neglected to thank their wives for their support, and did so at this time.

Council President Lynch asked each member to put together a list of goals and objections for the last meeting in July.

Mayor Marotta thanked his wife for her support. He noted that he was glad for the new Council, advising that in the past 6 weeks they had met and cleared up any differences, and were now ready to get to work. He invited all in attendance to a reception in the cafeteria. He pledged that his office would be open 2 nights a week until 9:00 p.m. for the residents to meet with him.

Council President Lynch advised that the next meeting was scheduled for July 11 at 7:30 p.m.

Adjournment

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

The Reorganization Meeting of the Township Council of the Township of Vernon was adjourned at 1:20 p.m.

Respectfully submitted,
Susan S. Nelson, RMC, CMR
Municipal Clerk

Minutes approved: July 25, 2011