Minutes: August 24, 2015

YouTube video of the August 24, 2015 council meeting »

The meeting of the Township Council of the Township of Vernon was convened at 7:30 p.m. on Monday, August 24, 2015 in the Vernon Municipal Center, 21 Church Street, Vernon, New Jersey with Council President Patrick Rizzuto presiding.

Statement of Compliance

Adequate notice of this meeting had been provided to the public and the press on January 4, 2015, 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, Brian Lynch, Jean Murphy, Dick Wetzel and Council President Patrick Rizzuto. Also present were Administrator Bill Zuckerman and Township Attorney John Ursin.

Salute to the Flag

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

Proclamations

Council President Rizzuto read the following proclamation:

Honoring Vernon’s Returning Heroes

WHEREAS, we are eternally indebted to our American heroes, the men and women of the Armed forces, who day after day, put on the uniform and answer the call to service—selflessly relinquishing their personal freedom to preserve ours; and

WHEREAS, every day, Vernon’s sons and daughters step forward to defend the nation and her freedoms from those who would do her harm. They do so in a proud tradition that stretches back across the nation’s history. From the greatest generation to those returning home from the Global War on Terror, all veterans deserve honor and respect from their communities and government; and

WHEREAS, today, we salute the Soldiers, Sailors, Airmen, Marines, and Coast Guardsmen who have rendered the highest service any American can offer, and we rededicate ourselves to fulfilling our commitment to all those who serve in our name; and

WHEREAS, as we continue our responsible drawdown from the war overseas and more members of our military return to civilian life, we are compelled to demonstrate our unwavering support; and

WHEREAS, for those who have not returned home, they are in our thoughts, prayers and hearts. We forever honor them, and we continue to pray for those still abroad for their safe return; and

WHEREAS, it is with this Proclamation that we ask all Vernonites join us in paying respect to our nation’s returning heroes, their families and all who serve and sacrifice in the name of our national and personal security. Vernon says thank you to her many heroes for their service and sacrifice, and all they do to make Vernon a better, safer place to live.

NOW THEREFORE BE IT RESOLVED, by the Mayor and Council of the Township of Vernon that on this 24th day of August in the year two thousand and fifteen, Vernon does hereby recognize our returning heroes: Sean Harrigan, Steven D. Kurza, Derek Manning, Brian E. Marines, Craig Roland, Jr., Derek Shortway, Dean Spadavecchia and Charles M. Van Blarcom.

Public Comment

Council President Rizzuto asked for a motion to open the meeting for public comments.
Motion: Brian Lynch
Second: Dan Kadish
All members were in favor.

Sally Rinker, Vernon, thanked the serviceman. Ms. Rinker stated we have the same petition but different results in regards to resolution 15-152. Ms. Rinker claimed that the ordinance applies to the current Mayor, and not anyone else because it says he is fulltime. Ms. Rinker stated that the Mayor cannot keep asking for the taxpayers to fund his lifestyle. Ms. Rinker objected to the form of the question because she felt that it was inaccurate and incomplete and must represent the ordinance being voted on. Ms. Rinker stated she will be making sure the voters get the question so stated in the ordinance. Ms. Rinker stated you cannot keep retroactive pay from the public. Ms. Rinker stated that stating in the ordinance the Mayor is full-time since 2011 shows the ordinance is all about the current Mayor. Ms. Rinker stated members of the VFW submitted an initiative petition today to waive their sewer connection fee and urged the Council not to simply let the clock run out and consider the ordinance.

Natalie stated she is a survivor of father/daughter incest and thanked Mr. Lynch for always publically supporting her. Natalie said she will be raising money for a charity run for children of sexual abuse, Break the abuse, Tell the secret, an organization that supports the survivors of incest. Natalie stated she would be having a 5K at the Wawayanda Park on October 4, at 11:00 am where you could run, walk or stand in support of the survivors of sexual abuse. Natalie said she will be donating the money to Vernon Ambulance and Jennie’s House, which provided support of people who have suffered from sexual abuse. Natalie said a counselor from Jennie’s House will be there to help children who are victims. Council President Rizzuto thanked Natalie for her bravery in coming forward with her message. Council Member Lynch wished Natalie good luck and thanked her for her willingness to make this an issue as many people will not speak about same. Council Member Wetzel also commended Natalie for her efforts.

Bonnie Rubin stated she is on the committee of petitioners for the salary ordinance. Ms. Rubin stated that the question was vague and confusing and that the ordinance refers specifically to Vernon’s current Mayor, Victor Marotta, because it is a full-time position. Ms. Rubin questioned if this question was making the Mayor full time without their knowledge. Ms. Rubin claimed that the compensation was retroactive and this was not in the ballot question. Ms. Rubin requested the ballot question be changed and identify Mayor Marotta.

Krista Gerry, stated that we were all born unique and an extraordinary life. Ms. Gerry believed that since the Council is paid by the tax payers they should listen to their concerns and the attorney should be there for the benefit of the town and its people, not just the one in charge. Ms. Gerry said Vernon has become a much divided town; being mature individuals we should know there are two sides of each story. Ms. Gerry said that it bothers her to see people that were once friends no longer speaking. Ms. Gerry related a story of a friend who moved from California. Ms. Gerry stated we should care about people other than one’s self and be respectful of others. Ms. Gerry suggested a give and take of ideas; everyone can make a difference if they want to.

Closed to Public Comments

Seeing no more members of the public wishing to speak, Council President Rizzuto asked for a motion to close the public portion of the meeting.
Motion: Brian Lynch
Second: Dick Wetzel
All members were in favor.

Council President Rizzuto noted that Mr. Charles Van Blarcom, one of the Township’s returning servicemen, had arrived late and took a moment to thank him and present him with the proclamation for the returning Heroes on behalf of the Council and Mayor Marotta.

Approval of Minutes

It was moved and seconded as noted below to approve the following minutes:

Regular Meeting Minutes of July 27, 2015

Moved: Dan Kadish
Seconded: Brian Lynch

A roll call vote was taken:
Ayes: Dan Kadish, Brian Lynch, Jean Murphy, Dick Wetzel, Patrick Rizzuto
Nays: None
Abstain: None
Absent: None

Motion carried to approve minutes.

Consent Agenda

Council President Rizzuto gave a brief explanation of Resolutions #15-143 - #15-151.

Council President Rizzuto asked for a motion to adopt Resolutions #15-143 - #15-151.
Moved: Jean Murphy
Seconded: Dan Kadish

Council Member Murphy questioned if the initial money coming for this resolution was coming out of COAH and if the Township could opt out. Attorney Ursin stated that it was and the Township could opt out if less than 70 towns sign up. Attorney Ursin noted there may be extra costs if it is necessary to call witnesses for a court proceeding.

A roll call vote was taken:
Ayes: Dan Kadish, Brian Lynch, Jean Murphy, Dick Wetzel, Patrick Rizzuto
Nays: None
Abstain: None
Absent: None

Motion carried to adopt resolution #15-143- #15-151.

Resolution #15-143: Resolution Authorizing the Issuance of Not Exceeding $360,000 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:

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 $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.

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 $160,000 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.

The following matters in connection with the Notes are hereby determined:

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;

All Notes issued hereunder shall bear interest at such rate or rates as may be determined by the Chief Financial Officer; and

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.

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.

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.

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.

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.

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.

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.

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.

This resolution shall take effect immediately.

Resolution #15-144: Resolution Authorizing the Issuance of Not Exceeding $1,266,625 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 $1,534,557, and authorizing the issuance of $1,266,625 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 May 28, 2015 (#15-16), Bond Anticipation Notes of the local unit in a principal amount not exceeding $1,266,625 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.

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 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 Section, 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.

Resolution #15-145: Resolution to Award a Contract to H and H Auto Parts Using the US Communities Contract #1101149

WHEREAS, the Township of Vernon has a need to purchase auto and truck parts and;

WHEREAS, N.J.S.A. 52:34-6.2 et seq., allows local contracting units to utilize National Cooperative Contracts as a method of procurement when cost effective; and

WHEREAS, H and H Auto Parts, 287 Route 94, Vernon NJ 07462 is a recognized retailer of Car Quest Auto Parts; and

WHEREAS, the Qualified Purchasing Agent has determined that using the US Communities contract to purchase auto and truck parts may, in some instances, be more cost effective than utilizing the state contract or a competitively bid contract; and

WHEREAS, the Qualified Purchasing Agent has also determined that the US Communities contract #1101149 was awarded in a fair and open process; and

WHEREAS, this contract expires on August 31, 2016, with an option to renew for an additional two (2) years, at the discretion of US Communities; 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 H and H Auto Parts, 287 Route 94, Vernon, New Jersey 07462 using the US Communities contract #1101149.

Resolution #15-146: Resolution Authorizing the Offering of Certain Real Property in the Township of Vernon, County of Sussex and State of New Jersey (Known as Wawayanda Additions), to the State Green Acres Program

WHEREAS, the Township has obtained two parcels of land through foreclosure of tax municipal liens, known as Block 72/Lot 20 & Block 121/Lot 1; and

WHEREAS, both of the parcels immediately adjoin the state property known as Wawayanda State Park and are excellent additions to the park, and Block 121 / Lot 1 would connect Wawayanda State Park with the Wallkill National Wildlife Refuge across the street; and

WHEREAS, the Township wishes to dispose of these parcels and finds them best suited to become part of Wawayanda State Park; and

WHEREAS, the Township’s Open Space Advisor, the Land Conservancy of New Jersey (TLC-NJ), has prepared as offering form, and maps of these parcels; and

WHEREAS, the Township wishes to proceed with this Green Acres offering, a copy of which is attached hereto.

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

• The Mayor is authorized to sign the Green Acres offering form.
• The Township authorizes TLC-NJ to forward the offering to the Green Acres Program, and work with representatives of the Green Acres Program to effectuate a sale of these parcels.
• Further, if the State accepts the Township’s offer as written, the Mayor, Township Attorney, Business Administrator and TLC-NJ are authorized to take all action necessary to effectuate the transfer of these parcels to the State Green Acres Program.

Resolution #15-147: 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, August 24 through Monday, September 14 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 that fees associated with this permit application are hereby waived and permission is granted to place signs, as described above, at various businesses, from August 24, 2015, through September 14, 2015, and will thereafter promptly remove them in association with their annual Skylander 5K and 10 K challenge event, provided all other requirements of Township Code 330-180 are followed.

Resolution #15-148: Renewal of Liquor Licenses in the Township of Vernon for the 2015-2016 Licensing Term

WHEREAS, all licenses to dispense alcoholic beverages must be renewed and reissued annually and the Director of the State of New Jersey Division of Alcoholic Beverages has extended the date for said renewal until September 18, 2015; and

WHEREAS, pursuant to N.J.S.A. 33:1-1 et. seq., the Vernon Township Police Department has made the necessary inspections and reported same to the Township Clerk; and

WHEREAS, all of the licenses have complied with all of the regulations as set forth by the Alcoholic Beverage Control Commission of the State of New Jersey;

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Vernon that the following licenses shall be reissued for the 2015-2016 licensing period effective as of July 1, 2015.

Resolution #15-149: Renewal of Inactive Liquor License (Legends) Requiring Special Ruling in the Township of Vernon for the 2015-2016 Licensing Term

WHEREAS, all licenses to disperse alcoholic beverages must be renewed and reissued annually; and

WHEREAS, pursuant to N.J.S.A. 33:1-12.39 the following license required a Special Ruling by the State Division of Alcoholic Beverages as the license is currently inactive prior to its renewal; and

WHEREAS, the State Division of Alcoholic Beverages on September 18, 2014 issued said special ruling for the 2014-15 and 2015-16 license terms; and

WHEREAS, pursuant to N.J.S.A. 33:1-1 et. seq., the Vernon Township Police Department has made the necessary inspections and reported same to the Township Clerk; and

WHEREAS, the licensee have complied with all of the regulations as set forth by the Alcoholic Beverage Control Commission of the State of New Jersey;

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Vernon that the following license shall be reissued for the 2015-2016 licensing period effective as of July 1, 2015.

Resolution #15-150: Renewal of Inactive Liquor License (Mountain Creek) Requiring Special Ruling in the Township of Vernon for the 2015-2016 Licensing Term

WHEREAS, all licenses to dispense alcoholic beverages must be renewed and reissued annually; and

WHEREAS, pursuant to N.J.S.A. 33:1-12.39 the following license required a Special Ruling by the State Division of Alcoholic Beverages, as the license is currently inactive, prior to its renewal; and

WHEREAS, the State Division of Alcoholic Beverages, on July 8, 2014, had issued said special ruling for the 2014-15, 2015-16 and 2016-17 license terms; and

WHEREAS, pursuant to N.J.S.A. 33:1-1 et. seq., the Vernon Township Police Department has made the necessary inspections and reported same to the Township Clerk; and

WHEREAS, the licensee have complied with all of the regulations as set forth by the Alcoholic Beverage Control Commission of the State of New Jersey;

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Vernon that the following inactive license shall be reissued for the 2015-2016 licensing period effective as of July 1, 2015.

Resolution #15-151: Chapter 159 Resolution Requesting Approval of Revenue and Appropriation Amending the 2015 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 2015 Drive Sober or Get Pulled Over Statewide Labor Day Crackdown from the New Jersey Division of Highway Traffic Safety; and wishes to amend its 2015 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 2015 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 2015 Get Sober or Get Pulled Over Labor Day Crackdown Grant.

Resolution Requiring Separate Action

Council President Rizzuto gave a brief explanation of Resolution #15-152.

Council President Rizzuto asked for a motion for reconsideration of Resolution #15-152.
Moved: Dick Wetzel
Seconded: Brian Lynch

Attorney Ursin noted that from the time the Ordinance was passed, the Clerk received information from the County Clerk consistently showing that the number of registered voters, and at the June primary the number was above 16,000. After that time the Committee of Petitioners was given a print out with a dramatically lower number. Since the last Council meeting, Attorney Ursin explained that the Township pressed the Board of Elections to give us guidance as to whether the number the Township was given in writing from the Primary date and more recently which of the two numbers were correct. Attorney Ursin stated that after some back and forth, the Township was given written direction from the Board of Elections that any number following the November 2014 election was incorrect and should be reduced. Attorney Ursin stated the Township was surprised and disappointed that the numbers in the database could not be relied upon. Attorney Ursin noted that apparently the County Board of Election’s database had not been updated for a number of years and expressed surprise that a single key stroke could eliminate over 700 voters in Vernon. Attorney Ursin stated based on the direction of the County and the change in the numbers, the petitioners appear to have met the statutory criteria on the face of it and that is why this matter has been brought back onto the agenda for the Township to look at a second time. Council Member Murphy questioned if the form of the question was based on a statute. Attorney Ursin indicated it was.

A roll call vote was taken:
Ayes: Dan Kadish, Brian Lynch, Jean Murphy, Dick Wetzel, Patrick Rizzuto
Nays: None
Abstain: None
Absent: None

Council Member Lynch expressed amazement that within a month there is a 700 voter difference in the voter database and he expressed surprise that the County purged the database at this time. Council Member Murphy commented that if the Council could have done their due diligence before the August 10 meeting they would have found there were enough signatures regardless. Council Member Wetzel stated that he voted based upon the attorney’s advice at the last meeting. Council Member Wetzel stated he will vote with the attorney’s advice this time as well. Council President Rizzuto stated it is unfortunate the County was unaware of this updating process and that they failed to do it and then chose this time to perform it. Council President Rizzuto stated that this does not just affect the Township of Vernon but all the other municipalities in Sussex County.

Council President Rizzuto asked for a motion to adopt Resolution #15-152.
Moved: Dan Kadish
Seconded: Dick Wetzel

A roll call vote was taken:
Ayes: Dan Kadish, Brian Lynch, Jean Murphy, Dick Wetzel, Patrick Rizzuto
Nays: None
Abstain: None
Absent: None

Motion carried to pass resolution 15-152.

Resolution #15-152: Resolution Requesting the Sussex County Clerk to Print an Official Ballot

WHEREAS, on June 22, 2015, the Council of the Township of Vernon adopted Ordinance No. 15-19 pursuant to N.J.S.A. 40A:9-165; and

WHEREAS, thereafter, a petition protesting against this Ordinance was filed with the Municipal Clerk; and

WHEREAS, the Municipal Clerk has reviewed the petition and reported the number of registered voters who have signed the petition as required by N.J.S.A. 40A:9-165; and

WHEREAS, this petition has been presented to the Council of the Township of Vernon; and

WHEREAS, N.J.S.A. 19:37-1.1 requires the governing body of a municipality to submit a resolution requesting the Clerk of the County to print upon the official ballots to be used at the next ensuing general election the proposition expressed in this petition.

NOW THEREFORE IT BE RESOLVED by the Township Council of the Township of Vernon, State of New Jersey that:

1. The Sussex County Clerk print upon the official ballots to be used at the next general election the following question:
   “Shall the salary of the Mayor be increased as follows: from $30,000 to $36,000 per year?”

This Resolution shall be forwarded to the Sussex County Clerk.

Introduction/1st Reading of Ordinances

None

Public Hearing/2nd Reading of Ordinances

None

Council Comments

Council Member Wetzel stated that he had received a magazine from Pine Island and it included an article from Dave Pullis and Nick Pugliese about the recycling center and how the items are recycled and making the Township money. Council Member Wetzel stated there is a Civil War Weekend in Monroe on September 5 from 10-4 where you could hear President Lincoln give his Gettysburg address.

Council Member Lynch stated that he had no comments other than that school was going to be opening soon and to please drive carefully.

Council Member Kadish stated that many people had attended the Art Show at Highland Lakes and it was very interesting, a very good show. Council Member Kadish noted that Philip Pearlstein, an artist had attended as well.

Council Member Murphy stated that when Natalie came forward she spoke about abuse. Council Member Murphy stated that abuse comes in many different forms. Council Member Murphy expressed that abuse comes in many different degrees and she was sick and tired of it. Council Member Murphy stated that Vernon Vibes was offensive to her and the link to it should be removed from the Township’s web-site. Council Member Murphy said the Council, public, and County have been ridiculed. Council Member Murphy stated that the show is sponsored by companies that do business with the Township and that she believes is a conflict of interest. Council Member Murphy stated that some members of the Council had appeared on the show and in a recent roast some employees had as well. Council Member Murphy stated that she wanted to make a motion to have Vernon Vibes removed from the website. Council Member Kadish seconded the motion. Council President Rizzuto stated the proper action for adding something to an agenda was to ask the Council President or the Clerk in advance to be placed on an upcoming agenda. Attorney Ursin stated that Council President Rizzuto was correct; any matter that is reasonably expected to be considered by the Council is required under the open public meetings act to be on the agenda 48 hours in advance. Attorney Ursin explained exceptions to that are emergencies. Council Member Murphy stated she felt this was an emergency as she was being abused. Council Member Murphy noted that Harry Shortway submitted his petition for Mayor of Vernon.

Council President Rizzuto echoed Council Member Lynch’s comments about school being opened. Council President Rizzuto asked people to please take care as children are going to the bus stops for the first time. Council President Rizzuto thanked Ms. Van Blarcom for the pins they had received in recognition for the council’s support of the Wreaths Across America.

Adjournment

There being no further items of business to be conducted on the agenda, a motion for Adjournment was made by Council Member Lynch, 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 8:16 p.m.

Respectfully submitted,
Lauren Kirkman, RMC, CMR
Municipal Clerk

Minutes approved: September 28, 2015