Minutes: February 27, 2012

The Regular Meeting of the Township Council of the Township of Vernon was convened at 6:30 p.m. on February 27, 2012, in the Vernon Township Municipal Building, 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 9, 2012, 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.

Roll Call of Members

Present were Council Members Eddie Dunn, Daniel Kadish, Patrick Rizzuto, Dick Wetzel, and Council President Brian Lynch. Also present were Business Administrator Jerry Giaimis, and Township Attorney Kevin Kelly. Mayor Vic Marotta was absent.

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 matter to be discussed is: Personnel Matters—PBA Agreement.
3. This resolution shall take effect immediately.

Moved: Daniel Kadish
Second: Patrick Rizzuto
All were in favor.
Council left to go into Executive Session at 6:34 p.m.

Return to Open Session

Council President Lynch asked for a motion to return to open session (7:31 p.m.).
Moved: Patrick Rizzuto
Second: Dick Wetzel
All were in favor.

Salute to the Flag

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

Public Comments

Council President Lynch opened the meeting to public comments at this time.

Gary Martinsen—addressed the issue of access to resolutions on the website. Council President Lynch advised that this was being handled and that resolutions could be emailed to anyone requesting same from the Clerk’s office.

Barbara Chorzepa—spoke about the Sussex County Mosquito Control Coalition—she appealed to the Council to join and/or support their efforts to control the infestations, and prevent future infestations. She advised that this was a health issue for children and pets, and noted that purple martins can help in this effort. She offered contact information.

Bob Gerry—addressed the issue of the Homestead. He gave information on the services provided there for seniors. He asked if Council would be willing to send a letter in support of continuing services.

Tom McClachrie—addressed 3 issues: 1) the website—there is a lack of financial information, annual financial statements and debt statements are missing, as well as access to resolutions; 2) petition to repeal salary ordinance #12-01—advised that the petition was presented to the Clerk, but felt that Council should introduce an ordinance to repeal the existing salary ordinance; and 3) he urged Council to support the Homestead issue.

Closed to Public Comments

No one else wished to speak at this time, and Council President Lynch asked for a motion to close the public portion of the meeting.

Moved: Patrick Rizzuto
Second: Daniel Kadish
All were in favor.

Approval of Minutes

February 15, 2012 Special Work Session Minutes

Moved: Daniel Kadish
Second: Dick Wetzel

A roll call vote was taken:
Ayes: Eddie Dunn, Daniel Kadish, Patrick Rizzuto, Dick Wetzel, Brian Lynch
Nays: None
Minutes of 2/15/12 were approved.

Resolutions #12-52 through #12-58

Council President Lynch gave a brief explanation of all resolutions, and noted that #12-54 would need to be removed from the consent agenda due to a conflict he had with voting on Fire Department business.

Council Member Kadish had questions on the Bill List: the $1,100 going to Randolph, and the $5,000 PAL amount. Mr. Giaimis explained that the Randolph payment was for the Morris County Coop contract, and the PAL amount was for their contract as well. [Note: Amendment to minutes approved March 26, 2012 to correct a typographical error in the dollar amount going to Randolph.]

The Council President asked for a motion to approve Resolutions #12-52, 12-53, and 12-55 through 12-58.
Moved: Daniel Kadish
Second: Eddie Dunn

A roll call vote was taken:
Ayes: Eddie Dunn, Daniel Kadish, Patrick Rizzuto, Dick Wetzel, Brian Lynch
Nays: None
Resolutions #12-52, 12-53, and 12-55 through 12-58 were approved.

Resolution #12-52: Authorizing the Approval of Bills List

BE IT RESOLVED that the following bills listed are hereby approved:

Resolution #12-53: Authorizing the Use of the State Contract #68312 to Purchase Twelve (12) Digital In-Vehicle Video Recording Systems for the Police Department

WHEREAS, the Township of Vernon has a need to purchase twelve (12) digital in-vehicle video recording systems for its police cars; and

WHEREAS, the Township desires to use the State Cooperative which has publicly received bids for said equipment with a maintenance contract through Contract #68312; and

WHEREAS, the Township additionally desires to purchase a video server upgrade not covered under the State Contract in the amount of $4,570.00; and

WHEREAS, the Purchasing Agent recommends that the Township Council award a contract for this equipment per the attached price quote using the vendor Link Communications, Ltd., 8955 Henkels Lane, Suite 511, Annapolis Junction, MD 20701; and

WHEREAS, the total cost for this equipment will be $87,102.00 and the Chief Financial Officer, of the Township of Vernon, has certified these funds are available in account #3093613.

NOW THEREFORE BE IT RESOLVED, by the Township Council of the Township of Vernon, that the vendor, Link Communications, Ltd., be utilized to purchase twelve (12) digital in-vehicle video recording systems with maintenance and a video server upgrade through the State Co-Op, in accordance with the attached quote in the amount not to exceed $87,102.00; and

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

Resolution #12-55: Authorizing the Execution of a Shared Service Agreement Between the Township of Vernon and the Township of Wantage to Provide Enforcement of the Uniform Fire Safety Act within the Borders of Wantage Township

WHEREAS, the Township of Vernon and the Township of Wantage wish to enter into an Shared Services Agreement to provide enforcement of the Uniform Fire Safety Act within the borders of Wantage Township; and

WHEREAS, pursuant to the provisions of N.J.S.A. 52:27D-202 both the Township of Wantage and the Township of Vernon desire to permit the Vernon Township Fire Prevention Bureau to enforce the aforesaid Act, within the Township of Wantage; and

WHEREAS, the term of the agreement will be from July 1, 2012 to June 30, 2015 per the conditions in the agreement; and

WHEREAS, the governing body of the Township of Wantage approved authorization of this Shared Service agreement with Vernon Township, at their meeting held on January 26, 2012.

NOW, THEREFORE BE IT RESOLVED by the Council of the Township of Vernon of the County of Sussex, State of New Jersey, that the Mayor is authorized to execute the Shared Services Agreement between the Township of Vernon and the Township of Wantage to provide enforcement of the Uniform Fire Safety Act within the borders of Wantage Township from July 1, 2012 to June 30, 2015 per the Agreement; and

BE IT FURTHER RESOLVED that certified copies of this Resolution shall be forwarded to the Mayor and Clerk of the Township of Wantage and to the Vernon Township Finance Department.

Resolution #12-56: Authorizing the Mayor to Execute an Interlocal Service Agreement with the Vernon Township Municipal Utilities Authority for the Services of a Chief Financial Officer

WHEREAS, the Mayor and Council of the Township of Vernon Township, a Municipal Corporation of the State of New Jersey and the Vernon Township Municipal Utilities Authority (VTMUA), a municipal utilities authority established pursuant to N.J.S.A. 40:14-B-1 et. seq. have determined that an Interlocal Service Agreement for the services of a Chief Financial Officer is in the best interest of the parties; and

WHEREAS, the specific services, payment arrangements, and term of agreement, have been negotiated and set forth in a written Interlocal Service Agreement between the Township and VTMUA.

NOW, THEREFORE, BE IT RESOVED by the Township Council of the Township of Vernon, County of Sussex, and State of New Jersey that the Mayor is hereby authorized to execute the Interlocal Service Agreement between the Township and VTMUA for the services of a Chief Financial Officer in accordance with the mutual terms and conditions of the attached Interlocal Service Agreement.

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

Resolution #12-57: Authorizing the Reduction of the Performance Guarantee for the Mountain Creek Day Lodge Project

WHEREAS, Mountain Creek was required to post a performance guarantee in the amount of $700,000.00, to ensure that the site improvements for the Day Lodge are constructed; and

WHEREAS, Mountain Creek has made a written request to reduce the guarantee amount because a substantial amount of the site improvements have been completed to date; and

WHEREAS, the Vernon Township Engineer has reviewed said request, and approved of a guarantee reduction as contained in a memorandum to the Land Use secretary, dated February 21, 2012, attached hereto; and

NOW THEREFORE BE IT RESOLVED, this 27th day of February, 2012, by the Township Council of the Township of Vernon, County of Sussex and State of New Jersey that the performance guarantee is hereby authorized to be reduced to $36,000.00; and

BE IT FURTHER RESOLVED, that a copy of this Resolution shall be published in the New Jersey Herald by the Township Clerk as required by law within ten (10) days of its passage, and a true copy of same shall be available for inspection in the office of the Township Clerk.

Resolution #12-58: Authorizing the Collective Bargaining Agreement with New Jersey State Policemen’S Benevolent Association Local #285, Vernon Township

WHEREAS, the Township of Vernon has agreed to enter into a Collective Bargaining Agreement with the Policemen’s Benevolent Association, Local 285 (“PBA 285”), which shall govern the terms of employment and compensation for police officers for the calendar years 2012 through 2015; and

WHEREAS, PBA 285, has agreed to enter into a Collective Bargaining Agreement with the Township of Vernon and shall be adopting a resolution voted upon by its members adopting said Agreement.

NOW THEREFORE BE IT RESOLVED, by the Township Council of the Township of Vernon, County of Sussex, and State of New Jersey as follows:

1. The Township Council authorizes a Collective Bargaining Agreement between the Township and PBA Local 285, draft received February 24, 2012.
2. The Mayor and Township Business Administrator are authorized to sign the Collective Bargaining Agreement on behalf of the Township.
3. This resolution shall take effect immediately.

A copy of this resolution as well as the referenced Collective Bargaining Agreement shall be placed on file with the Clerk of the Township.

The Council President asked for a motion to approve Resolutions #12-54.
Motion: Daniel Kadish
Second: Patrick Rizzuto

A roll call vote was taken:
Ayes: Eddie Dunn, Daniel Kadish, Patrick Rizzuto, Dick Wetzel
Nays: None
Abstain: Brian Lynch
Resolutions #12-54 was approved.

Resolution #12-54: Authorizing the Use of the State Contract #53764 to Purchase Communications Equipment for the Four Vernon Volunteer Fire Departments

WHEREAS, the Township of Vernon has a need to purchase communications equipment for its volunteer fire departments; and

WHEREAS, the Township desires to use the State Cooperative which received bids for said equipment through Contract #53764; and

WHEREAS, the Purchasing Agent recommends the Township Council award a contract for communications equipment to Spectrum Communications, 47 N. Dell Avenue, Kenvil, NJ 07847 per the attached price quote; and

WHEREAS, the total cost to purchase this equipment is $11,359.56 and the Chief Financial Officer, of the Township of Vernon, has certified these funds are available in account #711310.

NOW THEREFORE BE IT RESOLVED, by the Township Council of the Township of Vernon, that the vendor, Spectrum Communications, be utilized to purchase said communication equipment.

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

Ordinances

Introduction of Proposed Ordinance #12-02 on 1st Reading by Title Only

The Council President asked for a motion to approve Ordinance #12-02 on 1st reading.
Motion: Patrick Rizzuto
Second: Daniel Kadish

A roll call vote was taken:
Ayes: Eddie Dunn, Daniel Kadish, Patrick Rizzuto, Dick Wetzel, Brian Lynch
Nays: None
Ordinance #12-02 was approved on 1st reading.

Ordinance #12-02: An ordinance of the Township of Vernon, County of Sussex, State of New Jersey, authorizing the sale of certain property owned by the township and not required for public purposes and more commonly known as Block 103.20 Lot 12

Introduction of Proposed Ordinance #12-03 on 1st Reading by Title Only

The Council President asked for a motion to approve Ordinance #12-03 on 1st reading.
Motion: Patrick Rizzuto
Second: Brian Lynch

Council Member Kadish asked why this change was necessary.

Township Attorney Kelly explained that this had not been addressed when the Administrative Code was originally re-done. Mr. Giaimis noted that it just addresses the structure of the department of Fire Prevention.

A roll call vote was taken:
Ayes: Eddie Dunn, Daniel Kadish, Patrick Rizzuto, Dick Wetzel, Brian Lynch
Nays: None
Ordinance #12-03 was approved on 1st reading.

Ordinance #12-03: An ordinance of the Township of Vernon, County of Sussex, State of New Jersey, amending the code of the Township of Vernon

Council President

Council President Lynch advised that he wished to set up a real estate committee to move along with getting Township-owned properties back on the tax rolls. Council Members Wetzel and Rizzuto offered to serve with the Mayor on this committee.

Fire Official—noted that a sample ordinance had been distributed to all. He asked for a work session to discuss this ordinance and the sign ordinance. It was agreed to meet on Thursday, March 22, 2012, at 7:00 p.m. for a work session.

Homestead issue—he asked Council for a consensus on involvement. A brief discussion was held on this issue. Council Member Rizzuto suggested asking information from the County to clarify the issues. All agreed. Township Attorney, Kevin Kelly, suggested the inquiry should go out from Mr. Giaimis or the Mayor to get a response back by the next Council meeting. Mr. Giaimis advised that he would contact the County Administrator for information

Resolutions on the website—he advised that they will be putting the resolutions on the website as quickly as possible.

Land Use Board voted to change the code for recreational vehicles. Council Member Rizzuto explained how the new regulations were determined without being heavy-handed. The new requirements will use common sense, and incorporate nuances of lot sizes and different home/property layouts. Mr. Kelly asked if the Zoning Officer had been involved in these changes, and was told that he had been. Mr. Lynch felt that this ordinance should be ready to be introduced at the next Council meeting.

Council Business

Council Member Wetzel advised that Earth Day would be in April. He also advised about the veteran’s cemetery fund raiser—“Dining to Donate”—set for Sunday, March 4 at 12:00 p.m. (noon) at Krogh’s Restaurant in Sparta.

No other Council members had anything to report at this time.

Adjournment

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

The Regular Meeting of the Township Council of the Township of Vernon was adjourned at 8:20 p.m.

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

Minutes approved: March 12, 2012