Minutes: November 9, 2015

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The meeting of the Township Council of the Township of Vernon was convened at 7:30 p.m. on Monday, November 9, 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.

Proclamations

Veterans Day

Council President Rizzuto read the following proclamation:

Whereas, the freedoms we enjoy as Americans have been purchased and maintained at a high price throughout our history; and

Whereas, since the establishment of the original 13 states, Americans have been willing to fight and die to preserve their individual rights as guaranteed in the United States constitution and the Bill of Rights; and

Whereas, we owe a great debt to those who have served in defense of this nation; and

Whereas, throughout generations, their sacrifices have preserved our unique form of government dedicated to human rights and respect for the individual; and

Whereas, for many, that sacrifice has ended in permanent injury or death, yet their spirit remains in the continued preservation of our freedoms and the promise of liberty established as an example for all the oppressed persons of the world; and

Whereas, in honor of these dedicated men and women, we pledge our continued defense of our nation so that their sacrifice will stand before the entire world as a tribute to the spirit and determination of a people dedicated to the principles of freedom and democracy.

Now therefore be it proclaimed that, the Vernon Township Council do hereby urge all our citizens to honor our Veterans and rededicate themselves to the preservation of our liberties under the Constitution.

Pancreatic Cancer Awareness Month

Council President Rizzuto read the following proclamation, noting that resident Patrick Bailey had brought this issue to the Council’s attention:

WHEREAS, health and safety is important to the happiness, prosperity, and well-being of our communities and families; and

WHEREAS, in 2015, almost 49,000 individuals will be diagnosed with pancreatic cancer in the United States; and

WHEREAS, there are no effective early detection methods presently available, and most symptoms such as weight loss, loss of appetite, feeling tired, and pain in the upper of middle abdomen and back can be mistaken for chronic pains and could be attributed to other conditions; and

WHEREAS, when symptoms of pancreatic cancer become apparent it is usually after the cancer has advanced and spread to other organs; and

WHEREAS, the good health and well-being of the residents in the Township of Vernon are enhanced as a direct result of increased awareness about pancreatic cancer and research of early detection, causes, and effective treatments; and

WHEREAS, throughout the month of November, organizations, health practitioners, and residents in the Township of Vernon are encouraged to take the opportunity to promote awareness about pancreatic cancer and to support those patients currently battling pancreatic cancer and those who have lost loved ones to this horrible disease;

NOW THEREFORE BE IT RESOLVED, by the Township Council of the Township of Vernon that the MONTH OF NOVEMBER shall be proclaimed PANCREATIC CANCER AWARENESS MONTH in the Township of Vernon, and urge all residents to recognize the need to bring awareness to the fight against this deadly disease.

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.

Gary Martinsen, Vernon thanked everyone who had voted for him in the recent election. Mr. Martinsen congratulated those who won and those who ran. Mr. Martinsen thanked Mayor Marotta and Council Member Lynch for their service.

Sally Rinker thanked Dan Kadish for running again and thanked Sandra Ooms for getting Council meetings on line, getting the bills list and speaking out loud and clear. Ms. Rinker stated the Township is ready to move on with a democratic and effective government. Ms. Rinker thanked Mayor Elect Shortway for running, noting she was humbled by his efforts.

Beverly Budz, Chairperson, Environmental Commission stated that on October 26 the Tennessee gas pipeline wants to go back into the wetlands. Ms. Budz noted this project threatens plants, trees and wetlands. Ms. Budz hoped that at this time the Township would address the issue, noting she did not want to see more trees torn down.

Krista Gerry, stated that the people of Vernon had spoken loud and clear. Ms. Gerry stated that they did not give up and a small group brought about change. Ms. Gerry thanked and congratulated Dan Kadish, Harry Shortway and Sandra Oooms.

Jessi Paladini thanked Mayor Marotta for being the first elected Mayor of the Township. Ms. Paladini stated that he was precisely what she had envisioned when she wrote the petition for changing the form of government. Ms. Paladini stated that Mayor Marotta took the mess he inherited and spun it into gold. Ms. Paladini stated that she had received what she perceived as a threat from a Vernon Firefighter which she had discussed with the Chief. Ms. Paladini requested a public apology.

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.

Approval of Minutes

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

Regular Meeting Minutes of September 28, 2015

Moved: Dick Wetzel
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.

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

Regular Meeting Minutes of October 15, 2015

Moved: Brian Lynch
Seconded: Jean Murphy

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 #15-175 - #15-183.

Council President Rizzuto asked for a motion to adopt Resolutions #15-175 - #15-183 with the exception of Resolution #15-177, which was to be voted on separately.

Moved: Dan Kadish
Seconded: Brian Lynch

Council Member Murphy questioned if resolution 15-183 contained the funds for the volunteer squads (fire and ambulance) that were removed from the budget earlier in the year, or if this was for other items in addition to those funds. CFO Yetter indicated it did not. Administrator Zuckerman explained the funds in the resolution were strictly for repairs.

A roll call vote was taken:
Ayes: Dan Kadish, Brian Lynch (except 15-183), Jean Murphy, Dick Wetzel, Patrick Rizzuto
Nays: None
Abstain: Brian Lynch (15-183- only)
Absent: None

Motion carried to adopt Resolutions #15-175 - #15-183 with the exception of Resolution #15-177, which was to be voted on separately.

Resolution #15-175: Authorizing a Date for Municipal Tax Sale

WHEREAS, the governing body of the Township of Vernon, County of Sussex, State of New Jersey, desires to collect all taxes, assessments and other municipal charges that are now delinquent; and

WHEREAS, the Tax Collector is directed to sell all municipal delinquencies through December 31, 2014 in a manner prescribed by N.J.S.A. 54:5-19, and as amended by Chapter 99, Public Laws of 1997.

NOW THEREFORE BE IT RESOLVED, by the Council of the Township of Vernon, that the Tax Collector is hereby authorized and directed to sell all municipal liens in accordance with New Jersey law, both as stated above, on Tuesday, December 8, 2015 at 8:30 a.m.

Resolution #15-176: Approval to Submit a Grant Application and Execute a Grant Contract with the New Jersey Department of Transportation for the Sammis Road Project

NOW, THEREFORE, BE IT RESOLVED that the Vernon Township Council of the Township of Vernon, County of Sussex, State of New Jersey formally approves the grant application for the above stated project.

BE IT FURTHER RESOLVED that the Mayor and Municipal Clerk are hereby authorized to submit an electronic grant application identified as MA-2016-Sammis Road Improvements-00188 to the New Jersey Department of Transportation on behalf of Vernon Township.

BE IT FURTHER RESOLVED that the Mayor and Municipal Clerk are hereby authorized to sign the grant agreement on behalf of Vernon Township and that their signatures constitute acceptance of the terms and conditions of the grant agreement and approve the execution of the grant agreement.

Resolution #15-178: Authorizing the Award of Contract for Container Service at the Township’s Public Works and Animal Control Facilities

WHEREAS, there exists a need to haul and dispose of solid waste (type 10) containers at the Township’s Public Works and Animal Control facilities and;

WHEREAS, Gaeta Recycling Company was contracted for these services during the contract period November 1, 2014 through October 32, 2015, Resolution #14-178; and

WHEREAS, the Qualified Purchasing Agent recommends exercising the Township’s right to extend the contract for an additional year, not to exceed twenty-four (24) months pursuant to N.J.S.A. 40A:11-15, with a contract term of November 1, 2015 through October 31, 2016 ; and

WHEREAS, the Chief Financial Officer pursuant to NJAC 5:30-5.5(b), has certified these funds are available; 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, Clerk and CFO are authorized to execute a contract with Gaeta Recycling Company, Inc., 278 Railway Ave., Paterson NJ 07053 not to exceed $15079.68.

Resolution #15-179: Chapter 159 Resolution Requesting Approval of Revenue and Appropriation Amending the 2015 Budget as a Revenue and Appropriation of $500.00

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 $500.00 Traffic Safety Mini-Grant from Atlantic Health System for the purpose of the Child Safety Seat Program; 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 $500.00 which is now available as a revenue from Atlantic Health System,

BE IT FURTHER RESOLVED that a like sum of $500.00 is hereby appropriated under the caption 2015 Traffic Safety Mini Grant.

Resolution #15-180: Resolution Authorizing the Cancellation of Appropriation Reserve Balances (Accumulated Absences Trust Fund)

WHEREAS, certain 2014 Appropriation Reserve Balances remain that are no longer needed; and

WHEREAS, an ACCUMULATED ABSENCES TRUST was established by Resolution #02-44 and approved by the Division of Local Government Services on April 05, 2002; and

WHEREAS, it is necessary to formally cancel said balances from appropriation reserves and fund the Accumulated Absences Trust Fund,

NOW THEREFORE, BE IT RESOLVED, by the Council of the Township of Vernon, that the following unexpended balances of the Appropriations Reserves be cancelled:

Road Repairs & Maintenance - S&W 80,000.00
Mayor & Council- S&W 20,000.00
Police Department- S&W 20,000.00
Fleet Management- S&W 15,000.00
TOTAL $ 135,000.00

Resolution #15-181: Approving a Solicitor’s Permit for Power Home Remodeling Group

WHEREAS, Power Home Remodeling Group, 6 Commerce Drive, Cranford, New Jersey 07106 has made application for a Solicitor’s Permit for the purposes of providing free estimates on windows, roofing and siding; and

WHEREAS, upon receipt of the application for a Solicitors Permit, by Power Home Remodeling Group the Vernon Township Police Department investigated the applicant’s (Matthew Flynn) business responsibility and moral character and found it to be satisfactory and in good order for the protection of the public good; and the necessary application has been filed and all documentation is in order.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Vernon that approval be granted for a Solicitor’s Permit for Power Home Remodeling Group, applicant: Mathew Flynn.

BE IT FURTHER RESOLVED that the Township Clerk is hereby authorized to issue a Solicitor’s Permit to the aforesaid applicant in accordance with Chapter 428 of the Code of the Township of Vernon.

Resolution #15-182: Resolution Authorizing the Cancellation of Appropriation Reserve Balances (Snow Removal Trust)

WHEREAS, certain 2014 Appropriation Reserve Balances remain that are no longer needed; and

WHEREAS, a SNOW REMOVAL TRUST FUND was established by Resolution #07-68 and approved by the Division of Local Government Services on April 17, 2007; and

WHEREAS, it is necessary to formally cancel said balances from appropriation reserves and fund the Snow Removal Trust Fund,

NOW THEREFORE, BE IT RESOLVED, by the Council of the Township of Vernon, that the following unexpended balances of the Appropriations Reserves be cancelled:

Road Repairs & Maintenance - OE 150,000.00
TOTAL $150,000.00

Resolution # 15-183: 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.

Resolutions Requiring Separate Action

Council President Rizzuto asked for a motion to adopt Resolutions #15-177.

Moved: Brian Lynch
Seconded: Jean Murphy

Council Member Kadish questioned if in the grant submittal it should not say Sandhill, as it currently says, but Glenwood. Mayor Marotta indicated that was correct.

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 #15-177, with correction noted in the grant submittal.

Resolution #15-177: Resolution: Approval to Submit a Grant Application and Execute a Grant Contract with the New Jersey Department of Transportation for the Maple Grange Road Project

NOW, THEREFORE, BE IT RESOLVED that the Vernon Township Council of the Township of Vernon, County of Sussex, State of New Jersey formally approves the grant application for the above stated project.

BE IT FURTHER RESOLVED that the Mayor and Municipal Clerk are hereby authorized to submit an electronic grant application identified as MA-2016-Maple Grange Road-00189 to the New Jersey Department of Transportation on behalf of Vernon Township.

BE IT FURTHER RESOLVED that the Mayor and Municipal Clerk are hereby authorized to sign the grant agreement on behalf of Vernon Township and that their signatures constitute acceptance of the terms and conditions of the grant agreement and approve the execution of the grant agreement.

Introduction/1st 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 introduce Ordinance #15-25 with a public hearing to be held on December 14, 2015.
Moved: Dan Kadish
Seconded: Dick Wetzel

Council Member Lynch stated he was a property owner in this area of town. Attorney Ursin advised Council Member Lynch to abstain on this ordinance.

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

Motion carried to introduce Ordinance #15-25 with a public hearing to be held on December 14, 2015.

Public Hearing/2nd Reading of Ordinances

None

Council Comments

Council Member Wetzel stated he had no comment.

Council Member Lynch congratulated the successful candidates in the recent election. Council Member Lynch noted there was still work to be done. Council Member Lynch thanked the Veterans for their service.

Council Member Kadish stated the election was a great surprise and that he was very thankful. Council Member Kadish welcomed Council Member Elect Ooms.

Council Member Murphy welcomed Council Member Elect Ooms and congratulated Mayor Elect Shortway. Council Member Murphy questioned if the budget meetings with the department heads would be public. Mayor Marotta indicated they were not. Council Member Murphy stated that pursuant to NJSA 40:69A-145 that they were required to take place in November and have a public hearing. Attorney Ursin stated he would review the matter. Council Member Murphy stated she would like to attend the meetings.

Council President Rizzuto stated he was proposing Tuesday, January 6, 2016 for re-organization. Council President Rizzuto asked for a motion for January 6, 2016 at 7:30 p.m. for re-organization.

Moved: Dick Wetzel
Seconded: Brian Lynch

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

Council Member Murphy commented that there will be a new Mayor and new Council Member and by waiting there will be no one authorized for the Township in the interim.

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 8:10 p.m.

Respectfully submitted,
Lauren Kirkman, RMC, CMR
Municipal Clerk

Minutes approved: December 14, 2015