Minutes: December 14, 2015

YouTube video of the December 14, 2015 council meeting »

The meeting of the Township Council of the Township of Vernon was convened at 7:30 p.m. on Monday, December 14, 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 Mayor Victor Marotta, Administrator Zuckerman, CFO Yetter, Council Member Elect Sandra Ooms and Township Attorney John Ursin.

Salute to the Flag

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

Presentations

Re-presentation of the Northeastern Region Association of Assessor Officers “Sherry Vermilya Award” to Lynne Schweighardt, Tax Assessor

Council President Rizzuto noted that, sadly, Ms. Schweighardt could not be here this evening. Council President Rizzuto congratulated Ms. Schweighardt on this prestigious honor, noting that she was recognized from amongst her peers for her outstanding service to the assessment profession.

Service Award Mayor Victor Marotta

Council President Rizzuto presented Mayor Victor Marotta with a clock on behalf of the Council for his service to the Township as Mayor. Mayor Marotta thanked the Council for this award.

Ms. Jessica Paladini also provided the Mayor with a plaque, thanking him for his service.

Service Award Council Member Brian Lynch

Council President Rizzuto presented Council Member Lynch with a commemorative clock for his service to the Township. Council Member Lynch thanked the Council, noting that he had retired from his job this year as well.

Service Award Council President Patrick Rizzuto

Council Member Dick Wetzel presented Council President Rizzuto with a plaque in gratitude for his service as Council President this past year. Council President Rizzuto stated it was his pleasure and noted he is looking forward to working with the Township in the future to reach its goals.

Public Comment

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

Beverly Budz, stated that the construction of the Pipeline brings damage. Ms. Budz noted the “Halliburton Loop Hole” exempts gas lines from the Clean Water Act. Ms. Budz expressed concern about the damage caused by the pipeline, noting that it releases chemicals, including methane, which is more damaging than CO2 emissions. Ms. Budz stated she had received notice that there is corrosion around the pipeline. Council President Rizzuto indicated he had spoken with Bob Barton of the NJDEP about this issue and they are addressing it.

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: Dan Kadish
All members were in favor.

Mayor’s Report

• Mayor Marotta indicated that Lake Wallkill phase 1 was completed and that they were able to restore more of the road surface than initially planned.
• Mayor Marotta indicated the Salt Dome was completed, except for the electric and the door. Mayor Marotta stated they are waiting for the curing of the concrete so the salt does not eat away at it.
• Mayor Marotta stated that he has been in communication with the Office of Emergency Management and FEMA, noting that there has been a tremendous amount of work done because of damage sustained by Hurricane Irene. Mayor Marotta indicated that they have completed a second appeal and asked for an extension, noting that someone from the new government might be asked to do a presentation in Washington D.C.
• Mayor Marotta stated it was his pleasure to work with the government, noting that everyone did a phenomenal job. Mayor Marotta noted that the town was in excellent financial condition. Mayor Marotta stated that whoever follows cannot recklessly raise taxes. Mayor Marotta wished everyone the best of luck and noted that if anyone wants to speak with him he will be available.

Approval of Minutes

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

Regular Meeting Minutes of November 9, 2015

Moved: Brian Lynch
Seconded: Dan Kadish

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.

Items for Discussion

Council President Rizzuto invited MUA Chairman Vincent Zinno to the podium. Chairman Zinno thanked the Council for the opportunity to speak on the issue of wastewater management, noting that the resolution regarding expanding the sewer service area had been tabled at the last meeting. Chairman Zinno explained that there had been requests to connect to the sewer in places that were currently not part of the sewer service area. Chairman Zinno explained this was mostly due to failing septics. Attorney Ursin explained that the Township had a defined sewer area for which the MUA had jurisdiction. Attorney Ursin explained the NJ DEP defines the service area. Attorney Ursin discussed the County wastewater management plan, noting that 10 years ago the entire township was part of the sewer service area but under Governor Corzine it was limited to where pipes existed or service was needed. Attorney Ursin explained that bordering properties require a modification to the plan. Ceran Rapel, Engineer for the MUA stated she had spoken with the Health Department and 54% of the septics are failing or in need of repair in the proposed service area. Ms. Rapel stated that the Town Center designation would not be negatively affected. Ms. Rapel indicated this would be an initial step to explore having a sewer plan. Ms. Rapel indicated that if the plan were not submitted by March 4, 2016, there may be a delay. Ms. Rapel indicated this does not provide sewer immediately, it simply provides the opportunity for sewer. Ms. Rapel explained that even if a plan were submitted to the DEP it does not mean it will be approved. Charles Ferraoli, Auditor for the MUA discussed the debt owed to Sussex County Municipal Utilities Authority (SCMUA) indicating that the rate for current sewer users will substantially increase as the EDU rate increases under the SCMUA agreement. Mr. Ferraoli indicated that if new users are not added to the service area the rate for current users would increase. Council Member Wetzel questioned if whether the service rate would be lower if more people were using the sewer service. Mr. Ferraoli indicated it would. Mayor Marotta indicated the Township needs bigger users like a microbrewery or more restaurants. Council Member Murphy questioned the service area. Chairman Zinno discussed the service area, noting that there were force mains in some areas that could not be severed. Council Member Murphy questioned if the area on Route 94 needs to be connected. It was indicated that if the lines were there it would be approved. Chairman Zinno indicated that if there was approval by 2016 it would be 2 years before people would have to hook up. Chairman Zinno indicated there would also be a hardship payment. Council President Rizzuto stated it was incumbent on the MUA to find users to prevent its collapse. Council President Rizzuto noted that the new diner was crippled because it had no wastewater options. Chairman Zinno stated that not many properties can relocate their septic due to size limitations and lot size. Council President Rizzuto noted this issue was created before any member of the current council was serving. Chairman Zinno noted that the Township pays SCUMA to send 461,000 gallons per day but only sends 221,000 per day but currently the VTMUA is the least expensive in the County. Chairman Zinno noted that if additional users are not found it will become the most expensive in the County. Council Member Murphy requested more information regarding which area is the most cost effective. Chairman Zinno stated it may be McAfee but a report would need to be generated. Council Member Kadish asked if Legends was involved. Chairman Zinno noted they have their own plant. Council Member Murphy expressed concern that Attorney Ursin worked on behalf the MUA and then on behalf of the Council and there was no separation between the two positions.

Council President Rizzuto asked that, based on the above information, Resolution 15-190 be brought off the table.

It was moved and seconded to take Resolution 15-190 off the table.

Moved: Dick Wetzel
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.

Council President Rizzuto asked for a motion to adopt Resolution 15-190.

Moved: Dick Wetzel
Seconded: Brian Lynch

Council Member Kadish stated he did not consider the map that was provided to be adequate; it should have been larger and clearer. Council Member Kadish expressed concern that the project should be phased in and requested additional detail. Council Member Kadish questioned how the plan would work. Council Member Lynch opined that passage of the resolution gives the answers. Council President Rizzuto agreed and noted that additional approvals will be needed by future Councils before anything could move forward. Council President Rizzuto noted 2022 is just around the corner and this needs to be addressed. Council Member Wetzel also expressed concern that there were more questions that needed to be answered and that this seems broad. Discussion ensued about the topography of town center and the ability to build septics in the area due to the rock shelf underground. Council Member Kadish questioned if this would affect Highland Lakes. Mayor Marotta stated Highland Lakes was only looked at, at the request of the DEP, not the MUA. Council Member Murphy expressed concern for the small businesses in town. Council Member Kadish asked for more detail. Mayor Marotta stated there cannot be detail provided until the study is completed so that this can be looked at for the future. Council Member Murphy stated looking at the timeline it appears something must be done now. MUA Chairperson Vincent Zinno stated that they would report everything back to the Council, noting what works and what does not. Mr. Zinno apologized for the small print on the map.

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 15-190.

Resolution #15-190: Resolution Endorsing a Plan Amendment to the Vernon Township Wastewater Management Plan and Sussex County Water Quality Plan for the Route 94 Corridor and the McAfee Area in the Township of Vernon

WHEREAS, the Vernon Township Council desires to provide for the orderly development of wastewater treatment and conveyance facilities within the municipality; and

WHEREAS, the New Jersey Department of Environmental Protection (NJDEP) requires that proposed wastewater treatment and conveyance facilities and waste water treatment service areas and related subjects be in conformance with an approved Wastewater Quality Management (WQM) Plan; and

WHEREAS, the Vernon Township Wastewater Management Plan (WMP) prepared by the County of SUSSEX has been approved by the NJDEP as an amendment to the Sussex County Water Quality Plan in September 2000 and revised September 2001; and

WHEREAS, the Route 94 corridor and the McAfee Areas of Vernon have been found to have had in the past 53% of their septic systems either replaced or required major repairs; and

WHEREAS, failure of septic systems create a danger to the environment and the quality of ground water the Sussex County Board of Health has written a letter endorsing the expansion of Vernon’s Sewer District to service these areas thereby eliminating any current or future environmental issues going forward; and

WHEREAS, the Vernon Township Council has determined that the addition of these two areas to the Sewer District of Vernon is good for both public health and the environment.

NOW THEREFORE, BE IT RESOLVED by the township Council of the Township of Vernon on this - day of December, 2015 as follows:

1. Vernon Township hereby endorses a plan amendment to the Vernon Township Wastewater Management Plan (WMP) to include the Route 94 corridor and McAfee areas in the Township of Vernon in the sewer service area for the Sussex County Municipal Utility Authority Sewer treatment plant.

This endorsement shall be submitted to the Sussex County Policy Advisory Committee, the Sussex County Board of Chosen Freeholders, the NJDEP, and all interested parties.

Council Member Lynch requested to make a comment. Council Member Lynch stated that 25 years ago, in the summer of 1992-1993, there were 2 serious accidents on Route 515 and 8 people were killed. Council Member Lynch stated that the County of Sussex was supposed to change the weight limits on the road but that had never occurred. On December 7, 2015, Council Member Lynch explained that a tanker truck traveling on Route 515 lost its bakes, slid down the hill and ran through red lights. Fortunately no one was injured, but Council Member Lynch requested that the County address this serious issue noting that a 4500 gallon tanker should not travel on such a steep road. Council Member Lynch apologized for speaking out of turn.

Consent Agenda

Council President Rizzuto gave a brief explanation of Resolutions #15-192 - #15-208.

Council President Rizzuto asked for a motion to adopt Resolutions #15-193-#15-206, with the exception of #15-192, 15-207 and 15-208.

Moved: Brian Lynch
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 adopt Resolutions #15-193-#15-206, with the exception of #15-192, 15-207 and 15-208.

Resolution #15-193: Cancellation of Receivable Due from Ameripay and Corresponding Reserve Balance

WHEREAS, there is a receivable with an offsetting reserve Due From Ameripay as a result of the Ameripay lawsuit and Bankruptcy in the amount of $238,389.12, and

WHEREAS, in 2015 we received a bankruptcy payment from Ameripay’s trustee and the remaining receivable is no longer collectible as revenue.

NOW, THEREFORE, BE IT RESOLVED that the receivable and corresponding reserve be cancelled.

Resolution #15-194: Cancellation of Receivable Due from Internal Revenue Service and Corresponding Reserve Balance

WHEREAS, there is a receivable with an offsetting reserve Due From IRS as a result of the Ameripay lawsuit in the amount of $91,614.41, and

WHEREAS, the court has determined that the Internal Revenue Service is not responsible for refunding the Township these funds and therefore is no longer collectible as revenue.

NOW, THEREFORE, BE IT RESOLVED that the receivable and corresponding reserve be cancelled.

Resolution #15-195: Resolution Authorizing the Transfer of Fund Balance to PVL Assessment Trust Fund

WHEREAS, a complete reconciliation was performed on the Pleasant Valley Lake Dam Assessment in 2015 by the Chief Financial Officer of the Township; and

WHEREAS, it was discovered that some monies that were transferred from 2008 to 2013 to current fund should have stayed in fund balance in the PVL Assessment Trust Fund account; and

WHEREAS, it was discovered that two redemptions on township liens that were deposited in current fund from 2006 should have been partially deposited in the PVL Assessment Trust Fund account; and

WHEREAS, it is necessary to formally transfer said balances from fund balance in current fund and fund the fund balance of the PVL Assessment Trust,

NOW THEREFORE, BE IT RESOLVED, by the Council of the Township of Vernon, that $49,350.92 from Fund Balance in Current Fund be transferred to the Fund Balance in the PVL Assessment Trust.

Resolution #15-196: Transfer Resolution—Balance Transfers

WHEREAS, the Township of Vernon Municipal Budget requires certain modifications to cover potential expenses that may occur in excess of the original budget.

NOW, THEREFORE BE IT RESOLVED by the Township Council of the Township of Vernon that the following Transfer of Appropriations (2015 Municipal Budget) in accordance with N.J.S.A 40A-58/59 are hereby approved.

Resolution #15-197: Chapter 159 Resolution Requesting Approval of Revenue and Appropriation Amending the 2015 Budget as a Revenue and Appropriation of $10,014.92

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 $10,014.92 Drunk Driving Enforcement Fund Grant from the New Jersey Department of Law and Public Safety 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 $10,014.92 which is now available as a revenue from the New Jersey Department of Law and Public Safety Division of Highway Traffic Safety and;

BE IT FURTHER RESOLVED that a like sum of $10,014.92 is hereby appropriated under the caption Drunk Driving Enforcement Fund Grant.

Resolution #15-198: Chapter 159 Resolution Requesting Approval of Revenue and Appropriation Amending the 2015 Budget as a Revenue and Appropriation of $3,110.02

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 $3,110.02 State Body Armor Replacement Fund Grant from the New Jersey Division of Criminal Justice; 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 $3,110.02 which is now available as a revenue from the New Jersey Division of Criminal Justice and;

BE IT FURTHER RESOLVED that a like sum of $3,110.02 is hereby appropriated under the caption State Body Armor Replacement Fund Grant.

Resolution #15-199: Chapter 159 Resolution Requesting Approval of Revenue and Appropriation Amending the 2015 Budget as a Revenue and Appropriation of $3,557.26

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 $3,557.26 Fiscal Year 2015 Bulletproof Vest Partnership Grant from the United States Department of Justice Bureau of Justice Assistance; 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 $3,557.26 which is now available as a revenue from the United States Department of Justice and;

BE IT FURTHER RESOLVED that a like sum of $3,557.26 is hereby appropriated under the caption 2015 Federal Bulletproof Vest Grant.

Resolution #15-200: Authorizing Placement of Various Signs (Vernon High School SCA January)

WHEREAS, Vernon High School SCA has requested permission from the Township Council to place 17 signs in front of various businesses and homes in town to advertise their Bingo fundraiser; and

WHEREAS Vernon High School SCA has requested to place the signs from January 22, 2016 through January 31, 2016 and the signs will be 24" x 18" 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.

NOW THEREFORE BE IT RESOLVED, by the Council of the Township of Vernon that Vernon High School SCA is granted permission to place 17 signs, as described above, at various businesses and homes, from January 22, 2016 to January 31, 2016, in association with the Bingo fundraiser , provided all other requirements of Township Code 330-180 are followed.

Resolution #15-201: Authorizing Placement of Various Signs (Vernon High School SCA February)

WHEREAS, Vernon High School SCA has requested permission from the Township Council to place 17 signs in front of various businesses and homes in town to advertise their Bingo fundraiser; and

WHEREAS Vernon High School SCA has requested to place the signs from February 12 , 2016 through February 21, 2016 and the signs will be 24" x 18" 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.

NOW THEREFORE BE IT RESOLVED, by the Council of the Township of Vernon that Vernon High School SCA is granted permission to place 17 signs, as described above, at various businesses and homes, from February 12, 2016 to February 21, 2016, in association with the Bingo fundraiser , provided all other requirements of Township Code 330-180 are followed.

Resolution #15-202: Authorizing and Directing the Mayor and Township Clerk to Sign a Deed to Acquire a Sewer Easement from Mountain Creek Resort, Inc.

WHEREAS, in accordance with the terms of the Vernon Township Land Use Board Resolution for Application #LU4-15-2, Mountain Creek Resort, Inc. is required to provide the Township of Vernon, in the County of Sussex, State of New Jersey with a sewer easement on the property which constitutes a part of proposed Block 231, Lot 12.01 on the map entitled “Minor Subdivision Plat 123 Route 94, Lots 12, 12.01 12.02, 12.03, and 12.04, Block 231, Vernon Township, Sussex County New Jersey.” Said Final Plat prepared by Stires Associates PA dated March 24, 2015 revised through May 26, 2015, pursuant to NJSA 40A:12-1 et seq; and

WHEREAS, the land is to be used to install, maintain and repair any underground sewer and water utilities lines, pipes and associated structures as it may see fit to do together with the right to excavate and refill ditches and trenches for location of said utilities, for a portion of the Township sewer system; a public purpose.

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 Mayor and Township Clerk are hereby authorized and directed to sign the deed to acquire an easement on a portion of Block 231 Lot 12.01 on the map entitled “Minor Subdivision Plat 123 Route 94, Lots 12, 12.01 12.02, 12.03, and 12.04, Block 231, Vernon Township, Sussex County New Jersey.” Said Final Plat prepared by Stires Associates PA dated March 24, 2015 revised through May 26, 2015 ad as such approved by minor subdivision which was granted by the Vernon Township Land Use Board on June 10, 2015 under Application #LU4-15-2.
2. The Chief Financial Officer of the Township has certified the availability of funds for the purposes set forth herein.
3. This Resolution shall take effect immediately

Resolution #15-203: Authorizing Change Order #1 of Contract for Lake Wallkill Road Sections 1 & 2 Line Striping with Denville Line Painting

WHEREAS, on September 28, 2015 by way of adoption of Resolution #15-162, the Council of the Township of Vernon awarded a contract to Denville Line Painting for Traffic Striping for Lake Wallkill Road Sections 1 & 2 which contract provided for an expenditure of $14,755.00; and

WHEREAS, in a memo dated December 7, 2015, the Township Engineer states that the contract requires a Change Order #1 by the addition of two extra items of $2,301.90 and the subtraction of one reduction totaling $1,600.00 resulting in an adjusted total contract amount of $15,456.90; and

WHEREAS, the Township Engineer, in concurrence with the Mayor, recommends approving Change Order No. 1 which will increase the total contract amount by $701.90 to an adjusted total contract amount of $15,456.90.

NOW THEREFORE BE IT RESOLVED, by the Council of the Township of Vernon that it hereby approves the Township Engineer’s recommendations and authorizes the Mayor to execute said Change Order No. 1 for said project increasing the total contract amount with Denville Line Painting to $15,456.90; and

BE IT FURTHER RESOLVED that certified copies of this Resolution be forwarded to Denville Line Painting and the Township Engineer.

Resolution #15-204: Authorizing Change Order #1 of Contract for Lake Wallkill Road Sections 1 & 2 with Reclamation, LLC

WHEREAS, on September 28, 2015 by way of adoption of Resolution #15-166, the Council of the Township of Vernon awarded a contract to Reclamation, LLC for Lake Wallkill Road Sections 1 & 2 reclamation which contract provided for an expenditure of $111,858.00; and

WHEREAS, during construction the Mayor and Engineer decided for public safety reasons to extend the project limits of the Lake Wallkill Road improvement to Glenwood Mountain Road while staying within original budget amounts per approved Ordinance #15-16; and

WHEREAS, in a memo dated December 7, 2015, the Township Engineer states that the contract requires a Change Order #1 by the addition of two extra items of $14,499.95 and one Supplemental totaling $7,817.99 and the subtraction of one reductions totaling $9,600.00 resulting in an adjusted total contract amount of $124,575.94; and

WHEREAS, the Township Engineer, in concurrence with the Mayor, recommends approving Change Order No. 1 which will increase the total contract amount by $12,717.94 to an adjusted total contract amount of $124,575.94.

NOW THEREFORE BE IT RESOLVED, by the Council of the Township of Vernon that it hereby approves the Township Engineer’s recommendations and authorizes the Mayor to execute said Change Order No. 1 for said project increasing the total contract amount with Reclamation, LLC to $124,575.94; and

BE IT FURTHER RESOLVED that certified copies of this Resolution be forwarded to Reclamation, LLC and the Township Engineer.

Resolution #15-205: Authorizing Change Order #1 of Contract for Lake Wallkill Road Sections 1 & 2 with Road Safety Systems, LLC for Guiderails

WHEREAS, on September 28, 2015 by way of adoption of Resolution #15-165, the Council of the Township of Vernon awarded a contract to Road Safety Systems, LLC for Lake Wallkill Road Sections 1 & 2 which contract provided for an expenditure of $39,994.00; and

WHEREAS, in a memo dated December 7, 2015, the Township Engineer states that the contract requires a Change Order #1 by the addition of three extra items of $8,888.25 and one Supplemental totaling $4,012.41 and the subtraction of one reduction totaling $3,200.00 resulting in an adjusted total contract amount of $49,694.66; and

WHEREAS, the Township Engineer, in concurrence with the Mayor, recommends approving Change Order No. 1 which will increase the total contract amount by $9,700.66 to an adjusted total contract amount of $49,694.66.

NOW THEREFORE BE IT RESOLVED, by the Council of the Township of Vernon that it hereby approves the Township Engineer’s recommendations and authorizes the Mayor to execute said Change Order No. 1 for said project increasing the total contract amount with Road Safety Systems to $49,694.66; and

BE IT FURTHER RESOLVED that certified copies of this Resolution be forwarded to Road Safety Systems and the Township Engineer.

Resolution #15-206: Authorizing Change Order #1 of Contract for Lake Wallkill Road Sections 1 & 2 Paving with Tilcon New York Inc.

WHEREAS, on September 28, 2015, by way of adoption of Resolution #15-163, the Council of the Township of Vernon awarded a contract to Tilcon New York, Inc. for Paving for Lake Wallkill Road Sections 1 & 2 which contract provided for an expenditure of $455,373.75; and

WHEREAS, during construction the Mayor and Engineer decided for public safety reasons to extend the project limits of the Lake Wallkill Road improvement to Glenwood Mountain Road while staying within original budget amounts per approved Ordinance #15-16; and

WHEREAS, in a memo dated December 7, 2015, the Township Engineer states that the contract requires a Change Order #1 by the addition of one extra item of $57,880.10 and the addition of one supplemental of $7,073.42 and the subtraction of three reductions totaling $77,882.68 resulting in an adjusted total contract amount of $442,444.59; and

WHEREAS, the Township Engineer, in concurrence with the Mayor, recommends approving Change Order No. 1 which will decrease the total contract amount by $12,929.16 to an adjusted total contract amount of $442,444.59.

NOW THEREFORE BE IT RESOLVED, by the Council of the Township of Vernon that it hereby approves the Township Engineer’s recommendations and authorizes the Mayor to execute said Change Order No. 1 for said project decreasing the total contract amount with Tilcon New York, Inc. to $442,444.59; and

BE IT FURTHER RESOLVED that certified copies of this Resolution be forwarded to Tilcon New York, Inc. and the Township Engineer.

Resolutions Requiring Separate Action

A motion was made to adopt resolution #15-192.
Moved: Jean Murphy
Seconded: Dan Kadish

Council Member Murphy stated she would like an explanation, as the money in this fund was set aside for a bond payment in 2018. CFO Yetter explained that the Township was paying $70,000 per years and had 11 years to pay. Council Member Murphy questioned how much should the Council set aside to be on track for the money due for 2018. Mayor Marotta stated the bond sinking fund was a designation of the cash surplus. Mayor Marotta stated this was a way to save interest. CFO Yetter explained that the Township had to have all the funds to pay off the pension obligation, we were not allowed to borrow any part thereof. Council Member Murphy expressed concern about spending the money that was saved for the future. CFO Yetter stated the Township will now have the extra $70,000 to put in the bond sinking fund. CFO Yetter stated 2018 would not be a difficult year for bond payments. CFO Yetter stated 2023 when the United Water and MUA debt come due may be a problem.

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 Resolutions #15-192.

Council President Kadish suggested putting aside more funds for the future to compensate for the future.

Resolution #15-192: Cancellation of Reserve for Debt Service (Bond Sinking Fund) to Capital Fund Balance

WHEREAS, there is a Reserve for Debt Service (titled Bond Sinking Fund) in the Capital Fund of the Township with a balance of $450,000, and

WHEREAS, in 2009 the Township per Chapter 19, PL of 2009 deferred $502,981 of pension payments for the Public Employees Retirement System and Police & Fire Retirement System for a 15 year payback period beginning in 2012, and

WHEREAS, the current interest rate on this deferral is 10% adjusted by the rate of return on the actuarial assets, and

WHEREAS, the Township of Vernon would like to pay the balance of the 2009 deferral in the 2016 budget with the Reserve for Debt Service funds.

NOW, THEREFORE, BE IT RESOLVED by the governing body of the Township of Vernon, in the County of Sussex, that the reserve be cancelled and transferred to Capital Fund Balance.

Resolution #15-207: Appointments to Municipal Utility Authority

A motion was made to adopt Resolution #15-207 Appointments to Municipal Utility Authority.
Moved: Brian Lynch
Seconded: Dick Wetzel

Council Member Murphy expressed concern that the professional experience of Mr. Wilson would preclude him from serving. Attorney Ursin stated that he would not be able to vote on experience that would benefit his company or anyone he worked for. Council Member Kadish questioned if Chairman Zinno worked for Mr. Wilson and questioned Mr. Wilson’s eligibility.

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

Motion carried to adopt Resolutions #15-207.

Resolution #15-207: Appointment to Municipal Utility Authority

BE IT RESOLVED BY THE COUNCIL OF THE TOWNSHIP OF VERNON, COUNTY OF SUSSEX, and STATE OF NEW JERSEY, as follows:

1. That the following individual is hereby appointed or reappointed as a member of the Vernon Township Municipal Utility Authority effective 12/14/2015 for a term specified as follows:

THEODORE WILSON Alternate #1
Expiring 2/01/2016

BE IT FURTHER RESOLVED THAT, the Township Clerk shall send a certified copy of this resolution to the following:

Vernon Township Municipal Utility Authority

Resolution #15-208: Appointments to the Land Use Board

A motion was made to adopt resolution #15-208.
Moved: Brian Lynch
Seconded: Dick Wetzel

Council Member Kadish stated he did not like “midnight appointments.”

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

Motion carried to adopt Resolutions #15-208

Resolution #15-208: Appointment to Land Use Board

BE IT RESOLVED BY THE COUNCIL OF THE TOWNSHIP OF VERNON, COUNTY OF SUSSEX, and STATE OF NEW JERSEY, as follows:

1. That the following individuals are hereby appointed or reappointed as members of the Vernon Township Land Use Board pursuant to the Code of the Township of Vernon for the unexpired terms specified as follows:

Ed Rolando, Jr. Class IV Unexpired 4-year term expiring 12/31/2018
Michael Whitaker Alt. 2 Unexpired 2-year term expiring 12/31/2016

BE IT FURTHER RESOLVED THAT, the Township Clerk shall send a certified copy of this resolution to the following:

a. Secretary to the Land Use Board

Introduction/1st Reading of Ordinances

None

Public Hearing/2nd Reading of Ordinances

Council President Rizzuto read Ordinance #15-25 by title:

Ordinance #15-25: An Ordinance of the Township Council of the Township of Vernon, County of Sussex and State of New Jersey Authorizing Special Assessment for the Restoration and Repair of Barry Lakes Dam #1

Council President Rizzuto asked for a motion to open the public hearing for Ordinance #15-25.
Moved: Dick Wetzel
Seconded: Jean Murphy
All members present voted in favor with the exception of Brian Lynch who abstained.

Council Member Lynch noted he was recusing himself from the discussion as he owned property in the affected area.

There were no comments on this ordinance.

Council President Rizzuto asked for a motion to close the public hearing for Ordinance #15-25.
Moved: Dick Wetzel
Seconded: Jean Murphy
All members present voted in favor with the exception of Brian Lynch who abstained.

Council President Rizzuto asked for a motion to adopt Ordinance #15-25.
Moved: Jean Murphy
Seconded: Dick Wetzel

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

Motion carried to adopt Ordinance #15-25.

Appointments to the Environmental Commission:

Mayor Marotta stated he was appointing the following individuals to the Environmental Commission. Due to a resignation of a member, Angi Metler was being moved to Seat I.

Angi Metler Seat I
Ed Nitch Alternate I

Mayor Marotta noted this was an acknowledgment of the appointments.

Council Comments

Council Member Lynch thanked the Vernon residents for their confidence in him for the past five years. Council Member Lynch thanked his opponents. Council Member Lynch stated Vernon was a better place than when he started. Council Member Lynch stated this was a very hard thing to do. Council Member Lynch stated if anyone wanted to know about the behind the scenes actions, not to talk to him as everything was done out in public. Council Member Lynch referenced his comments from earlier in the meeting regarding Route 515 and requested a letter be sent to the County for a weight and speed restriction on that road. Council Member Lynch asked for the Council to join him with this.

Council President Rizzuto asked for Attorney Ursin to draft a letter in regard to this issue. Attorney Ursin said he would address this issue. Council Member Murphy expressed concern about the speed limit. Council Member Kadish questioned the possibility of a truck ramp. Council Member Lynch expressed concern that a truck ramp would not work.

Council Member Lynch stated that this has been a fun experience and wished good luck to his successor.

Council Member Wetzel stated that this has been a productive year, and hope next year would be even better. Council Member Wetzel noted there is only one way to go; forward. Council Member Wetzel stated that tomorrow is the tree lighting ceremony and he wished everyone a happy and safe holiday season.

Council Member Kadish stated that four and a half years ago Brian and he had shared ideas about getting the government started. Council Member Kadish asked Brian not to lose his sense of humor. Council Member Kadish wished everyone a Happy New Year.

Council Member Murphy questioned if the Council Meeting of December 28 is going to be canceled. Council President Rizzuto stated he would address this. Council Member Murphy questioned if the bonus committee was going to be giving out bonuses this year. Mayor Marotta stated no bonuses were being given out this year.

Sandra Ooms, Council Member Elect, was offered the opportunity to make any comments. Council Member Elect Ooms wished Brian good luck in the future. Council Member Elect Ooms stated she looked forward to working with everyone next year.

Council President Rizzuto stated it was a pleasure working with Mayor Marotta and wished best wishes to Mayor Elect Shortway. Council President Rizzuto noted the bar had been set high. Council President Rizzuto wished everyone a Merry Christmas and a Happy New Year. Council President Rizzuto reflected that two and a half years ago while he was sitting on the dais he received a call that his grandsons were being born and stated the triplets are thriving and doing well. Council President Rizzuto stated he is canceling the December 28 meeting as the Council is having the reorganization meeting just three days later. Council President Rizzuto opined he did not anticipate any further business of the Council.

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 Kadish with all members voting in favor.

The Regular Meeting of the Township Council of the Township of Vernon was adjourned at 9:27 p.m.

Respectfully submitted,
Lauren Kirkman, RMC, CMR
Municipal Clerk

Minutes approved: January 25, 2016