All meeting minutes posted on the township website are unofficial minutes. Official copies of minutes may be obtained from the township clerk.

Minutes: January 1, 2016 (R)

YouTube video of the January 1, 2016 council meeting »

The Reorganization Meeting of the Township Council of the Township of Vernon was convened at 12:00 p.m. on Wednesday, January 1, 2016, in the Vernon Township Municipal Building, 21 Church Street, Vernon, New Jersey.

Statement of Compliance

Adequate notice of this meeting had been provided to the public and the press on November 27, 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.

Salute to the Flag

Council President Patrick Rizzuto led the assemblage in the Pledge of Allegiance.

Roll Call of Members

Present were Council Members Dan Kadish, Sandra Ooms, Jean Murphy, Patrick Rizzuto, and Dick Wetzel. Also present were Mayor Shortway, Business Administrator Patrick Bailey, CFO Elke Yetter, Township Engineer Cory Stoner, Attorney Robert McBriar and Attorney Richard Wenner.

Certification of Elected Officials (Mayor)

Council President Rizzuto asked the Clerk to certify the results of the Mayoral Election. Ms. Kirkman noted that the highest vote getter was Harry J. Shortway. Mr. Shortway was sworn in by Attorney Geoffrey W. Castello and took the oath of office of Mayor. He took his place at the dais.

Incoming Mayor’s Comments

Mayor Shortway thanked his wife Sheri, as well as his predecessors and the voters for this honor and stated he hoped for a smooth transition. Mayor Shortway discussed the appointment of the Township Attorney and noted that a new attorney would be a first step towards moving forward. Mayor Shortway stated he had researched the appointment of department heads and other various appointments. Mayor Shortway discussed his wish to expand Vernon’s tourist destination status. Mayor Shortway discussed creating a trail system for passive recreation and possibly working with the EDAC to accomplish this goal. Mayor Shortway thanked the assemblage.

Certification of Elected Officials (Council)

Council President Rizzuto asked the Clerk to certify the results of the Council Election. Ms. Kirkman noted that the person who obtained the highest number of votes in the November 2015 election was Daniel J. Kadish. Mr. Kadish was sworn in by Assemblywoman Gail Phoebus and took the oath of office of Council Member. He took his place at the dais.

Council President Rizzuto asked the Clerk to certify the results of the Council Election, second seat. Ms. Kirkman noted that the person who obtained the second highest number of votes in the November 2015 election was Sandra Ooms. Ms. Ooms was sworn in by Assemblywoman Gail Phoebus and took the oath of office of Council Member. She took her place at the dais.

Incoming Council Member Speeches

Council Member Ooms thanked Mayor Shortway and Council Member Kadish as well as the residents for this honor. Council Member Ooms expressed her wishes to best represent the public.

Council Member Kadish reserved his comments.

Outgoing Council President Speech

Council President Rizzuto thanked the honored guests including Assemblywoman Phoebus, Mayor Shortway and former Mayor Marotta, as well former Council Member and former Council President Brian Lynch. Council President Rizzuto discussed the past year’s accomplishments, including passing a budget that continues to contribute towards savings, the new salt shed, new police impound building and the passage of funding for and repaving of Maple Grange Park. Council President Rizzuto thanked Mayor Marotta for his friendship and counsel. Council President Rizzuto noted the CVS in town that recently opened. Council President Rizzuto wished Mayor Shortway success in his administration. Council President Rizzuto congratulated Councilwoman Ooms on her election. Council President Rizzuto moved to nominate Council Member Kadish as his successor.

Selection of a Council President

Council Member Patrick Rizzuto moved to nominate Dan Kadish as Council President. The motion was seconded by Council Member Jean Murphy.

A roll call vote was taken:
Ayes: Dan Kadish, Sandra Ooms, Jean Murphy, Patrick Rizzuto, Dick Wetzel
Nays: None
Motion carried for Daniel Kadish as Council President.

Council President Kadish stated he moved to Vernon on April 1 almost 70 years ago. Council President Kadish noted that in 1994 Ronald DuPont and Carol Gunn convinced him to run for office. Council President Kadish thanked his previous campaign managers and supporters, Bob Anderson, John Cocula, Heinz Sell, Jim Kilt and Nancy Hansen. Council President Kadish noted the fine number of volunteers the Township has for its various boards and commissions. Council President Kadish stated in 2011 he was inspired by Sally Rinker to run for office again. Council President Kadish thanked Jean Murphy and Sandra Ooms and welcomed Vernon’s new council.

Appointment of Municipal Attorney

Resolution #16-01: Appointment of Municipal and Conflict Attorney

It was motioned and seconded to table this Resolution.

Motion: Jean Murphy
Second: Sandra Ooms

Council Member Murphy asked that Requests for Proposals be sent out to broaden the selection of attorneys.

A roll call vote was taken:
Ayes: Dan Kadish, Sandra Ooms, Jean Murphy
Nays: Patrick Rizzuto, Dick Wetzel
Motion carried to table Resolution 16-01.

Attorney Robert McBriar of Schenk, Price, Smith and King was asked to take the dais as holdover attorney.

Public Comments

Council President Rizzuto asked for a motion to open the meeting for public comments.
Motion: Jean Murphy
Second: Sandra Ooms
All members were in favor.

Doreen Edwards questioned who the Township Attorney was. Council President Kadish noted the matter was tabled. Council President Kadish noted that Mr. McBriar was continuing in a holdover capacity.

Beverly Budz, Chair of the Environmental Commission questioned if Michael Furrey was going to do testing for the Tennessee Gas Pipeline. Mr. Furrey was in attendance and stated he was not.

Closed to Public Comments

Seeing no more members of the public wishing to come forward, Council Member Rizzuto asked for a motion to close the public portion of the meeting.
Motion: Patrick Rizzuto
Second: Dick Wetzel
All members were in favor.

Appointment Of Business Administrator

Interim Business Administrator Patrick W. Bailey

It was motioned and seconded to adopt Resolution 16-24.

Motion: Patrick Rizzuto
Second: Jean Murphy

A roll call vote was taken:
Ayes: Dan Kadish, Sandra Ooms, Jean Murphy, Patrick Rizzuto, Dick Wetzel
Nays: None
Motion carried to adopt Resolution 16-24.

Mr. Bailey was sworn in by Assemblywoman Gail Phoebus and took the oath of office of Adminstrator. He took his place at the dais.

Resolution #16-24: Appointment of Interim Business Administrator Patrick W. Bailey

WHEREAS, the Township is in need of an Interim Business Administrator; and

WHEREAS, Patrick W. Bailey has been nominated to fill such position as Interim Business Administrator through March 31, 2016.

NOW THEREFORE IT BE RESOLVED by the Council of the Township of Vernon that Patrick W. Bailey is hereby appointed Interim Business Administrator for the Township of Vernon effective January 1, 2016 through March 31, 2016 at a salary of $76,500 per annum; and

NOW THEREFORE IT FURTHER BE RESOLVED that the Mayor is hereby authorized to execute a contract with Mr. Bailey.

Consent Agenda

Council President Kadish explained Resolutions #16-02 through #16-23.

Council President Kadish asked for a motion to adopt Resolutions #16-02 through #16-23:
Motion: Jean Murphy
Second: Dick Wetzel

A roll call vote was taken:
Ayes: Jean Murphy, Sandra Ooms, Patrick Rizzuto, Dick Wetzel, Daniel Kadish
Nays: None
Motion carried to adopt Resolutions #16-02 through #16-23.

Resolution #16-02: Designation of Official Newspaper for 2016

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

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

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

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

NOW, THEREFORE, BE IT RESOLVED by the Council of the Township of Vernon, County of Sussex, State of New Jersey that The New Jersey Herald/ Sunday Herald is hereby designated as the official newspaper for the 2016 Calendar Year and will receive all Notices of meetings of the Township Council as required by the Open Public Meetings Act, and The Advertiser News, the Vernon Aim and The Star Ledger will be designated as alternate newspapers of the Township of Vernon.

This resolution shall take effect immediately.

Resolution #16-03: Designating Meeting Dates of the Township Council for the 2016 Calendar Year

BE IT RESOLVED, in accordance with the Open Public Meetings Act, N.J.S.A. 10:4-1 et. seq., the Regular Meetings of the Township Council of the Township of Vernon shall convene on the Second and Fourth Mondays of each Month (except as noted with * in schedule below) at 6:30 p.m. (if there is an Executive Session), or at 7:30 p.m. (if there is no Executive Session) at the Vernon Municipal Center, 21 Church Street, Vernon, New Jersey for the following:

Meeting Dates
January 1* (12:00 noon), 11 and 25
February 8 and 22
March 14 and 28
April 11 and 25
May 9 and 23
June 13 and 27
July 11 and 25
August 8 and 22
September 12 and 26
October 13* and 24
November 14 and 28
December 12 and 29*
January 2, 2017 Re-organization

BE IT FURTHER RESOLVED, that if there is to be an Executive Session, the Township Council shall immediately convene into Executive Session after opening their Regular Meeting at 6:30 p.m. in order to discuss those matters in executive session from which the public shall be excluded and at 7:30 p.m., or as soon thereafter, the public portion of the meeting will recommence. Formal action may be taken at any Regular Council Meeting.

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

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

Resolution #16-04: Resolution to Adopt a Cash Management Plan—2016

BE IT RESOLVED by the Township Council of the Township of Vernon, County of Sussex, that for the year 2016, the following shall serve as the cash management plan of the Township of Vernon.

1. Cash Management and Investment Objectives

The Township of Vernon has the following objectives.

  1. Preservation of capital.
  2. Adequate safekeeping of assets.
  3. Maintenance of liquidity to meet operating needs.
  4. Investment of assets in accordance with state and federal laws and regulations.
  5. Maximize yield.

2. Designation of Official Depositories

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

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

3. Cash Management

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

4. Permissible Investments

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

5. Authority for Investment Management

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

6. Reporting

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

7. Audit

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

8. Disposition of Abandoned Property

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

Resolution #16-05: Reauthorizing Petty Cash Funds for Calendar Year 2016

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

WHEREAS, it is the desire of the Township of Vernon to establish the following Petty Cash Funds for calendar year 2016 as follows:

DepartmentCustodianAmount Authorized
DPWDave Pullis$100.00
FinanceElke Yetter$300.00
PoliceArthur R. Mills$500.00

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

Resolution #16-06: Establishing Interest Rates for Delinquent Property Taxes and Assessments

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

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

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

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

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

Resolution #16-07: Authorizing the Municipal Tax Assessor and the Special Municipal Attorney to Defend the Township before the Sussex County Board of Taxation for Tax Appeals

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

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

BE IT FURTHER RESOLVED that the Assessor and the special municipal attorney (tax appeals) are hereby designated as the agents of the Township of Vernon for the purpose of signing settlements of the foregoing matters by stipulation.

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

Resolution #16-08: Appointment of Public Agency Compliance Officer

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

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

WHEREAS the Township designates the Township Business Administrator as the Public Agency Compliance Officer for calendar year 2016;

NOW THEREFORE BE IT RESOLVED by the Council of the Township of Vernon that it hereby designates the Township Business Administrator as the Township’s Public Agency Compliance Officer for calendar year 2016; and

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

Resolution #16-09: Appointing Township Business Administrator as ADA Coordinator

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

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

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

Resolution #16-10: Authorizing Signatures on Township Checks Pursuant to N.J.S.A. 40A:5-16

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

Mayor
Business Administrator
Chief Financial Officer
Municipal Clerk

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

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

Resolution #16-11: Appointments of Class Two Special Police Officers

WHEREAS, pursuant to Chapter 94, Section 16 of the Cod of the Township of Vernon, the Mayor shall appoint Class Two Special Police Officers; and

WHEREAS, the Mayor has nominated the individuals named below for said position.

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

  1. That there shall be up to 6 positions for Special Police Class 2;
  2. That the following individuals are hereby appointed or reappointed as Class Two Special Police Officers effective January 1, 2016 for a term of one year pursuant to N.J.S.A. 40A:14-146.14:

Special Police Officers (Class 2)

Michael Burns
Roy Wherry
Thomas Zabriskie

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

a. Chief of Police

Resolution #16-12: Awarding a Contract to Kraft Power Corporation to Provide Semi-Annual Maintenance Service for Township-Owned Generators

WHEREAS, the Township of Vernon has a need to maintain its emergency generators; and

WHEREAS, after solicitation of a quote from Kraft Power to provide said services, there is no price increase from the prior year’s contract; and

WHEREAS, the Qualified Purchasing Agent recommends that the Township award a contract for this service to Kraft Power Corporation; and

WHEREAS, the contract term is from January 1, 2016 through December 31, 2016; and

WHEREAS, the Chief Financial Officer has certified that funds are available in 10577237; 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 Kraft Power Corporation, 241 West Parkway, Pompton Plains, NJ 07444, to provide semi-annual maintenance service to the Township-owned emergency generators.

Resolution #16-13: Authorizing the Mayor and Municipal Clerk to Sign an Agreement with the County of Sussex for Nutrition Site Premises for Senior Citizens

WHEREAS, Vernon Township has available space in the Senior Citizen Center; and

WHEREAS, there is a continuing need for space to offer meals to accommodate approximately 75 senior citizens per day; and

WHEREAS, the Township of Vernon has offered, for appropriate compensation, to allow the County of Sussex to utilize a portion of the Senior Citizen facility for the Vernon Nutrition Site Operation project as per attached agreement for the year 2016; and

WHEREAS, the agreement is attached hereto and made a part hereof; and

WHEREAS, the compensatory amount for the use of this facility is $25,700.00 for the agreement year.

NOW, THEREFORE, BE IT ORDAINED by the Township Council of the Township of Vernon, New Jersey as follows:

  1. That the Township Council of the Township of Vernon hereby authorizes and directs the Mayor and Township Clerk to execute the agreement between Vernon Township and the County of Sussex for use of the Vernon Township Senior Citizen Center for the Vernon Nutrition Site Project.
  2. A certified copy of this Resolution shall be submitted to the Clerk of Sussex County and Timothy Cunningham, the Director of the NJ Division of Local Government Services.

Resolution #16-14: Authorizing a Memorandum of Agreement with Signature Information Solutions for “Inquiry Only” Access to Certain Tax Collectors Tax and/or Utility Records Via Vital Communications

WHEREAS, the Township of Vernon received a request from Signature Information Solutions seeking electronic “look only” inquiry access to the public tax records administered by the tax collector; and

WHEREAS, Vernon Township’s tax records are currently maintained in an electronic format by Vital Communications Inc. of Trenton, New Jersey; and

WHEREAS, upon authorization, Signature Information Solutions, agrees to use this information for the sole purpose of providing tax search information to the title industry; and

WHEREAS, Signature Information Solutions also agrees to protect the information obtained and to not re-sell or re-distribute this same information or make available to a third party except as needed for the purpose of providing information for tax searches to the title industry.

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

  1. Vernon Township will authorize Vital Communications, Inc. to provide look up information access to Signature Information Solutions for Vernon Township property tax and/or utility records.
  2. Signature Information Solutions shall be subject to Vital Communications, Inc.’s policies and procedures.
  3. Signature Information Solutions waives any claim that it may have against Vernon Township in connection with Vital Communications, Inc.’s policies and procedures.
  4. Signature Information Solutions, agrees to use this information for the sole purpose of providing tax search information to the title industry, agrees to protect the information obtained and to not re-sell or re-distribute this same information or make available to a third party except as needed for the purpose of providing information for tax searches to the title industry.
  5. The Township of Vernon shall not incur any charges for providing this access or means of information exchange to Signature Information Solutions.

Resolution #16-15: Authorizing a Memorandum of Agreement with Accurate Abstracts for “Inquiry Only” Access to Certain Tax Collectors Tax and/or Utility Records Via Vital Communications

WHEREAS, the Township of Vernon received a request from Accurate Abstracts seeking electronic “look only” inquiry access to the public tax records administered by the tax collector; and

WHEREAS, Vernon Township’s tax records are currently maintained in an electronic format by Vital Communications Inc. of Trenton, New Jersey; and

WHEREAS, upon authorization, Accurate Abstracts, agrees to use this information for the sole purpose of providing tax search information to the title industry; and

WHEREAS, Accurate Abstracts also agrees to protect the information obtained and to not re-sell or re-distribute this same information or make available to a third party except as needed for the purpose of providing information for tax searches to the title industry.

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

  1. Vernon Township will authorize Vital Communications, Inc. to provide look up information access to Accurate Abstracts, for Vernon Township property tax and/or utility records.
  2. Accurate Abstracts shall be subject to Vital Communications, Inc.’s policies and procedures.
  3. Accurate Abstracts waives any claim that it may have against Vernon Township in connection with Vital Communications, Inc.’s policies and procedures.
  4. Accurate Abstracts, agrees to use this information for the sole purpose of providing tax search information to the title industry, agrees to protect the information obtained and to not re-sell or re-distribute this same information or make available to a third party except as needed for the purpose of providing information for tax searches to the title industry.
  5. The Township of Vernon shall not incur any charges for providing this access or means of information exchange to Accurate Abstracts.

Resolution #16-16: Authorizing a Memorandum of Agreement with Valtech Research for “Inquiry Only” Access to Certain Tax Collectors Tax and/or Utility Records Via Vital Communications

WHEREAS, the Township of Vernon received a request from Valtech Research seeking electronic “look only” inquiry access to the public tax records administered by the tax collector; and

WHEREAS, Vernon Township’s tax records are currently maintained in an electronic format by Vital Communications Inc. of Trenton, New Jersey; and

WHEREAS, upon authorization, Valtech Research, agrees to use this information for the sole purpose of providing tax search information to the title industry; and

WHEREAS, Valtech Research also agrees to protect the information obtained and to not re-sell or re-distribute this same information or make available to a third party except as needed for the purpose of providing information for tax searches to the title industry.

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

  1. Vernon Township will authorize Vital Communications, Inc. to provide look up information access to Valtech Research for Vernon Township property tax and/or utility records.
  2. Valtech Research shall be subject to Vital Communications, Inc.’s policies and procedures.
  3. Valtech Research waives any claim that it may have against Vernon Township in connection with Vital Communications, Inc.’s policies and procedures.
  4. Valtech Research, agrees to use this information for the sole purpose of providing tax search information to the title industry, agrees to protect the information obtained and to not re-sell or re-distribute this same information or make available to a third party except as needed for the purpose of providing information for tax searches to the title industry.
  5. The Township of Vernon shall not incur any charges for providing this access or means of information exchange to Valtech Research.

Resolution #16-17: Authorizing a Memorandum of Agreement with Action Title Research for “Inquiry Only” Access to Certain Tax Collectors Tax and/or Utility Records Via Vital Communications

WHEREAS, the Township of Vernon received a request from Action Title Research seeking electronic “look only” inquiry access to the public tax records administered by the tax collector; and

WHEREAS, Vernon Township’s tax records are currently maintained in an electronic format by Vital Communications Inc. of Trenton, New Jersey; and

WHEREAS, upon authorization, Action Title Research, agrees to use this information for the sole purpose of providing tax search information to the title industry; and

WHEREAS, Action Title Research also agrees to protect the information obtained and to not re-sell or re-distribute this same information or make available to a third party except as needed for the purpose of providing information for tax searches to the title industry.

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

  1. Vernon Township will authorize Vital Communications, Inc. to provide look up information access to Action Title Research, for Vernon Township property tax and/or utility records.
  2. Action Title Research shall be subject to Vital Communications, Inc.’s policies and procedures.
  3. Action Title Research waives any claim that it may have against Vernon Township in connection with Vital Communications, Inc.’s policies and procedures.
  4. Action Title Research, agrees to use this information for the sole purpose of providing tax search information to the title industry, agrees to protect the information obtained and to not re-sell or re-distribute this same information or make available to a third party except as needed for the purpose of providing information for tax searches to the title industry.
  5. The Township of Vernon shall not incur any charges for providing this access or means of information exchange to Action Title Research.

Resolution #16-18: Authorizing a Contract with Municipal Software, Inc. to Maintain the Township’s Accounting Software for 2016

WHEREAS, the Township of Vernon has a need to maintain its accounting software; and

WHEREAS, Municipal Software, Inc. supplied the original accounting software to the Township and has the expertise to maintain said program; and

WHEREAS, the Chief Financial Officer recommends that the Township Council award a contract to maintain the Township’s accounting software to Municipal Software, Inc., 9 South Dartmouth, Building #3, 2nd Floor, Marshalls Creek, PA 18335; and

WHEREAS, the total cost for this annual maintenance contract is $7,086.00 and the Chief Financial Officer of the Township of Vernon, has certified these funds are available in account #10570522, subject to the 2016 Municipal Budget.

NOW THEREFORE BE IT RESOLVED, by the Township Council of the Township of Vernon, that the vendor, Municipal Software, Inc., be awarded a contract to maintain the Township’s accounting software in an amount not to exceed $7,086.00; and

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

Resolution #16-19: Authorizing a Memorandum of Agreement with Priority Search Services, LLC for “Inquiry Only” Access to Certain Tax Collectors Tax and/or Utility Records Via Vital Communications

WHEREAS, the Township of Vernon received a request from Priority Search Services, LLC seeking electronic “look only” inquiry access to the public tax records administered by the tax collector; and

WHEREAS, Vernon Township’s tax records are currently maintained in an electronic format by Vital Communications Inc. of Trenton, New Jersey; and

WHEREAS, upon authorization, Priority Search Services, LLC, agrees to use this information for the sole purpose of providing tax search information to the title industry; and

WHEREAS, Priority Search Services, LLC also agrees to protect the information obtained and to not re-sell or re-distribute this same information or make available to a third party except as needed for the purpose of providing information for tax searches to the title industry.

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

  1. Vernon Township will authorize Vital Communications, Inc. to provide look up information access to Priority Search Services, LLC, for Vernon Township property tax and/or utility records.
  2. Priority Search Services, LLC shall be subject to Vital Communications, Inc.’s policies and procedures.
  3. Priority Search Services, LLC waives any claim that it may have against Vernon Township in connection with Vital Communications, Inc.’s policies and procedures.
  4. Priority Search Services, LLC, agrees to use this information for the sole purpose of providing tax search information to the title industry, agrees to protect the information obtained and to not re-sell or re-distribute this same information or make available to a third party except as needed for the purpose of providing information for tax searches to the title industry.
  5. The Township of Vernon shall not incur any charges for providing this access or means of information exchange to Priority Search Services, LLC.

Resolution #16-20: Authorizing the Option to Renew Offsite Fuel Contract between the Township of Vernon and Bob Baldwin Transportation, Inc.

WHEREAS, following the public advertising and opening of bids, the Township of Vernon, New Jersey and Bob Baldwin Transportation, Inc. (“Contractor”) entered into a Contract, dated December 9, 2013, to provide offsite motor fuel; and

WHEREAS, the Agreement and the bid documents and specifications upon which the Township’s award of the Agreement was based permits the parties the option to renew the Agreement’s term for the calendar year of 2016; and

WHEREAS, the Agreement and its associated bid documents and specifications are on file in the Township Clerk’s office; and

WHEREAS, the Township, upon the recommendation of the Mayor, finds that the services are being performed in an effective and efficient manner by the Contractor and, pursuant to N.J.S.A. 40A:11-15, desires to renew the existing contract from the term of January 1, 2016 through December 31, 2016; and

WHEREAS, the Township’s Chief Financial Officer has certified that funds are available for this purpose subject to the adoption of the 2016 Municipal Budget.

NOW, THEREFORE, BE IT RESOLVED, Township Council for the Township of Vernon, County of Sussex, State of New Jersey, that the Mayor and Clerk are hereby authorized to renew the existing Offsite Fuel Contract between the Township of Vernon and Bob Baldwin Transportation, Inc. from the term January 1, 2016 through December 31, 2016

BE IT FURTHER RESOLVED that the Township Clerk shall publish notice of this Amendment pursuant to applicable law.

Resolution #16-21: Resolution Appointing Risk Management Consultant

WHEREAS, the Township of Vernon (hereinafter “Local Unit”) has joined the Statewide Insurance Fund (hereinafter “Fund”), a joint insurance fund as defined in N.J.S.A. 40A:10-36 et seq.; and

WHEREAS, the Bylaws require participating members to appoint a Risk Management Consultant, as those positions are defined in the Bylaws, if requested to do so by the “Fund”; and

WHEREAS, the Local Unit has complied with relevant law with regard to the appointment of a Risk Management Consultant; and

WHEREAS, the “Fund” has requested its members to appoint individuals or entities to that position.

NOW, THEREFORE, BE IT RESOLVED by the governing body of “Local Unit,” in the County of Sussex and State of New Jersey, as follows:

  1. The Township of Vernon hereby appoints Pinnacle Insurance Solutions LLC, d/b/a Pinnacle Risk Solutions as its local Risk Management Consultant.

The Mayor of the Township of Vernon and Risk Management Consultant are hereby authorized to execute the Risk Management Consultant’s Agreement for the year 2016.

Resolution #16-22: Resolution Appointing Fund Commissioner

WHEREAS, the Township of Vernon (hereinafter “Local Unit”) is a member of the Statewide Insurance Fund (hereinafter “Fund”), a joint insurance fund as defined in N.J.S.A. 40A:10-36 et seq.; and

WHEREAS, the Fund’s Bylaws require participating members to appoint a Fund Commissioner.

NOW, THEREFORE, BE IT RESOLVED by the governing body of the Township of Vernon that the Township Administrator (Patrick Bailey) is hereby appointed as the Fund Commissioner for the Local Unit for the calendar year 2016; and

BE IT FURTHER RESOLVED that Elke Yetter is hereby appointed as the Alternate Fund Commissioner for the Local Unit for the calendar year 2016; and

BE IT FURTHER RESOLVED that the Local Unit’s Fund Commissioner is authorized and directed to execute all such documents as required by the Fund.

Resolution #16-23: Resolution of the Township Council of the Township of Vernon Awarding Contract for Health, Prescription, Dental, Life, AD&D Benefit Insurance Brokerage Services

WHEREAS, the Township of Vernon has a need to acquire health, prescription, dental, life and AD&D insurance brokerage services to the Township of Vernon as a non-fair and open contract pursuant to the provisions of P.L. 2004, c.19 (N.J.S.A. 19:44A-20.5 et seq.); and

WHEREAS, the procurement of Insurance Brokerage services, is an exception pursuant to N.J.S.A. 40A:11-5(1) (m), the procurement of which shall comply with N.J.S.A. 40A:11-5(1) (a) (ii); and

WHEREAS, the CFO has determined and certified in writing that the value of these services will exceed $17,500; and

WHEREAS, the Mayor have reviewed the proposals received and recommend that a three (3) year contract be awarded to Fairview Insurance Agency Associates, Inc. of 25 Fairview Ave., Verona, NJ 07044; and

WHEREAS, the term of this contract shall be from January 1, 2016 through December 31, 2018; and

WHEREAS, FAIRVIEW INSURANCE shall complete and submit a Business Entity Disclosure Certification, which Certification provides that no reportable contributions have been made that would bar the award of this Agreement pursuant to P.L. 2004, c. 19; and

WHEREAS, Fairview Insurance will complete and submit a c.271 Political Contribution Disclosure Form, which provides that no reportable political contributions (more than $300 per election cycle) were made over the 12 months prior to submission to the committees of the government entities listed on the form prior to execution of the contract; and

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

  1. The Township of Vernon hereby awards, and the Mayor and the Township Clerk are hereby authorized to execute a contract between the Township of Vernon and Fairview Insurance Agency Associates, Inc. of 25 Fairview Avenue, Verona, NJ 07044 for providing insurance brokerage services, as required by the Township, all in accordance with the contract, which is on file in the office of the Township Clerk, no sooner than ten (10) days following the submission of a Business Entity Disclosure Certification and subject to approval by the Township Attorney.
  2. The contract award is in accordance with the schedules submitted by Fairview Insurance which are on file in the office of the Township Clerk.
  3. That the Business Disclosure Entity Certification, Chapter 271 Campaign Contribution Disclosure Form, Public Contracting Reform Ordinance (Ordinance No. 2010:02) Disclosure, Stockholder Disclosure Certification, the Determination of Value, the Certificate of Availability of Funds and Standard Certification Declaration for an Extraordinary Unspecifiable Service be placed on file with this; and
  4. This contract shall be awarded through a non-fair and open process and without a competitive bid pursuant to N.J.S.A. 19:44A-20.5 and as an exception pursuant to N.J.S.A. 40A:11-5(1)(m), the procurement of which shall comply with N.J.S.A. 40A:11-5(1)(a)(ii); and
  5. A notice of this action shall be printed once in the legal newspaper of the Township of Vernon.

Resolutions Requiring Separate Action

Council President Kadish asked for a motion to adopt Resolution #16-25:
Motion: Patrick Rizzuto
Second: Jean Murphy

A roll call vote was taken:
Ayes: Jean Murphy, Sandra Ooms, Patrick Rizzuto, Dick Wetzel, Daniel Kadish
Nays: None
Abstain: None
Motion carried to adopt Resolution #16-25.

Resolution #16-25: Adoption of the 2016 Temporary Municipal Budget

WHEREAS, The Local Budget Law, N.J.S.A. 40A:4-1 et seq., provides that until the official Annual Budget for the budget year is adopted, a temporary budget not exceeding 26.25% of the total of all appropriations including appropriations for debt service, capital improvement fund, and public assistance must be adopted covering the first quarter of the fiscal year; and

WHEREAS, N.J.S.A. 40A:4-1 et seq. further provides that the governing body of a municipality must adopt by resolution within the first thirty (30) days of the budget, by affirmative vote of the full membership of the governing body, a temporary budget; and

WHEREAS, the Township Council desires to establish temporary appropriations pursuant to the Local Budget Law; and

WHEREAS, total appropriations for the 2015 Annual Budget, exclusive of any appropriations for debt service, capital improvements, public assistance, and pension benefits was $19,863,834.00; and

WHEREAS, 26.25% of total appropriations for the 2015 Annual Budget, exclusive of any appropriations for debt service, capital improvements, public assistance, and pension benefits is $4,148,098.00 for a total of $9,365,432.00.

NOW, THEREFORE BE IT RESOLVED by the Council of the Township of Vernon that the attached Schedule ‘A’ entitled “2016 Temporary Budget” is hereby approved.

2016 Temporary Budget—Schedule A
CURRENT FUND
 
General & Administrative—S&W$68,486.00
General & Administrative—OE29,530.00
Mayor & Council—S&W12,075.00
Mayor & Council—OE1,500.00
Municipal Clerk—S&W30,515.00
Municipal Clerk—OE7,000.00
Finance S&W51,863.00
Finance OE10,000.00
Technology10,894.00
Revenue Administration—S&W30,000.00
Revenue Administration—OE7,000.00
Tax Assessment—S&W47,082.00
Tax Assessment—OE17,357.00
Legal Services50,000.00
Engineering6,563.00
Historic Preservation—OE656.00
Economic Development2,363.00
Land Use—S&W29,905.00
Land Use—OE17,028.00
Insurance1,117,880.00
Police—S&W946,985.00
Police—OE33,717.00
Radio Communications—S&W108,653.00
Radio Communications—OE919.00
Volunteer Emergency Services80,063.00
Fire Prevention—S&W18,527.00
Fire Prevention—OE2,180.00
Prosecutor7,088.00
Streets & Roads—S&W377,923.00
Streets & Roads—OE239,697.00
Recycling—S&W6,300.00
Recycling—OE1,837.00
Building & Grounds—S&W11,470.00
Building & Grounds—OE22,391.00
Fleet Maintenance—S&W53,785.00
Fleet Maintenance—OE52,500.00
Environmental Commission420.00
Animal Control—S&W22,627.00
Animal Control—OE2,763.00
Recreation—S&W20,403.00
Recreation—OE12,718.00
Senior Citizen—S&W6,000.00
Senior Citizens—OE6,000.00
Park Maintenance—S&W45,802.00
Park Maintenance—OE3,000.00
Municipal Court—S&W48,104.00
Municipal Court—OE1,798.00
Construction Official—S&W106,634.00
Construction Official—OE2,966.00
Utility Expense123,396.00
 
Subtotal$3,914,363.00
 
Interlocal—“911” Dispatching18,651.00
Interlocal—Animal Control 3,062.00
Interlocal—Finance7,875.00
Interlocal—Administrative12,600.00
Interlocal—Senior Citizens5,959.00
Interlocal—DPW 26,250.00
Social Security157,500.00
Defined Contribution Plan1,838.00
 
TOTAL 2016 CURRENT TEMP BUDGET$4,148,098.00
(subject to 26.25% limitation) 
  
CURRENT FUND APPROPRIATIONS NOT SUBJECT TO 26.25% LIMITATIONS OPERATIONS
  
Bond Principal1,665,000.00
Payment BANS277,567.00
Interest on Bonds687,076.00
Interest on Notes144,600.00
PVL Principal & Interest (Jan Payment)70,818.00
Interest on Emergency Notes2,154.00
Capital Improvement190,000.00
Capital Lease Payments10,690.00
PERS*473,114.00
PFRS*833,377.00
PERS & PFRS Deferral Payment*440,332.00
Sussex County MUA**422,606.00
  
TOTAL 2016 CURRENT TEMP BUDGET$5,217,334.00
(not subject to 26.25% limitation) 
TOTAL 2016 CURRENT TEMP BUDGET$9,365,432.00
  
* PERS & PFRS is 2016 actual amounts, PERS & PFRS deferral is estimate less deferral included in PERS & PFRS
**1st Qtr SCMUA bill 2016 rates plus allowance for surcharge

BE IT FURTHER RESOLVED that the Introduced Official Budget shall serve as the Temporary Budget pursuant to N.J.S.A. 40A:4-19.1 if the Director of the Division of Local Government Services extends the budget dates pursuant to N.J.S.A. 40A:4-5.1.

Council President Kadish asked for a motion to adopt Resolution #16-26:
Motion: Jean Murphy
Second: Sandra Ooms

A roll call vote was taken:
Ayes: Jean Murphy, Sandra Ooms, Patrick Rizzuto, Dick Wetzel, Daniel Kadish
Nays: None
Abstain: None
Motion carried to adopt Resolution #16-26.

Resolution #16-26: Appointment of Tax Collector and Designation of Tax Search Officer

WHEREAS, the Township of Vernon is required to have a certified Tax Collector pursuant to N.J.S.A. 40A:9-141; and

WHEREAS, Lisa Kimkowski is licensed by the State of New Jersey as a municipal tax collector and meets all other qualifications for the position, and was appointed as the Tax Collector to fill the unexpired term of the previous Tax Collector until December 31, 2015; and

WHEREAS, pursuant to N.J.S.A. 54:5-11, the governing body of each municipality shall from time to time by resolution, designate an official of the municipality to make examinations of its records as to unpaid municipal liens and to certify the result thereof.

NOW THEREFORE BE IT RESOLVED, by the Mayor and Council of the Township of Vernon, County of Sussex, State of New Jersey that Lisa Kimkowski is hereby appointed Tax Collector for the Township of Vernon effective January 1, 2016, until December 31, 2019 with a salary for 2016 of $67,500.00.

BE IT FURTHER RESOLVED that the Township of Vernon will hold a Public Official Bond in the name of Lisa Kimkowski as required by law pursuant to N.J.A.C. 5:30-8.3 for the duties performed as Tax Collector; and

BE IT FURTHER RESOLVED that, pursuant to N.J.S.A.54:5-11, Lisa Kimkowski, being a duly bonded Official of the Township of Vernon, is designated as the Tax Search Officer for the Township of Vernon; and

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

Council President Kadish asked for a motion to adopt Resolution #16-27:
Motion: Patrick Rizzuto
Second: Jean Murphy

A roll call vote was taken:
Ayes: Jean Murphy, Sandra Ooms, Patrick Rizzuto, Dick Wetzel, Daniel Kadish
Nays: None
Abstain: None
Motion carried to adopt Resolution #16-27.

Resolution #16-27: Authorizing the Award of Contract for Professional Services

WHEREAS, there is a need for Professional Services to the Township of Vernon for Attorneys, Auditor, Bond Counsel, Prosecutor, Public Defender, Engineer, Planner, Water Operator, and Computer Technician; and

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

WHEREAS, said specified professional services are to be rendered or performed by a person or persons authorized by law to practice a recognized profession, and whose practice is regulated by law within the meaning of N.J.S.A. 40A:11-1 et seq., as amended; and

WHEREAS, the performance of said professional services requires knowledge of an advanced field of learning acquired by a prolonged formal course of specialized training and study as distinguished from general academic instruction or apprenticeship and training; and

WHEREAS, the Township of Vernon is desirous to enter into an agreement with these professionals as a fair and open contract pursuant to the provisions of the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq., as amended; and

WHEREAS, the Chief Finance Officer has certified in writing that the value of the contracts are available for these purposes subject to the adoption of the 2016 Municipal Budget; and

WHEREAS, the Local Public Contracts Law N.J.S.A. 40A:11-1 et seq., as amended, requires that this Resolution be publicly advertised.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Township of Vernon that they hereby authorize and approve the award of contracts of a Professional Service Contract pursuant to the provisions of the Local Public Contracts Law, N.J.S.A. 40A:20-1 et seq. to provide Services in accordance with the attached Contracts for Professional Services pursuant to a non-fair and open contract to the following:

  1. Township Labor Attorney—Richard W. Wenner, Esq. of Lavery, Selvaggi, Abromitis & Cohen, P.C.
  2. Township Auditor—William Schroeder of the firm Nisivoccia & Company, LLP
  3. Township Bond Counsel—Robert Beinfield, Esq. of the firm Hawkins Delafield & Wood, LLP
  4. Municipal Prosecutor—Alicia Ferrante, Esq.
  5. Public Defender—To Be Determined
  6. Township Engineer—Cory Stoner of Harold E. Pellow & Associates
  7. Township Planner—Ken Nelson of Nelson Consulting Group
  8. Township Water Operator—Agra Environmental and Laboratory Services
  9. Township Interim Computer Technician—DRCO Services, LLC

BE IT FURTHER RESOLVED, that the award of contract shall be contingent upon the completion and receipt of the following:

  1. A fully-executed professional services contract detailing the scope of services, established fees for said professional services, mandatory Equal Opportunity Language and Affirmative Action Certificate; and
  2. Receipt of all statutorily mandated “pay to play” political contribution forms pursuant to N.J.S.A. 19:44A-20.4 et seq.; and
  3. New Jersey Business Registration Certificate; and
  4. Upon the aforementioned professional being a member in good standing in his respective profession.

BE IT FURTHER RESOLVED, that the Mayor and Municipal Clerk are hereby authorized and directed to execute, seal and deliver the attached Contracts for Professional Services on behalf of and in the name of the Township of Vernon and that the Municipal Clerk shall publish the award of contract as required by law with ten (10) days of passage of this Resolution.

Council President Kadish asked for a motion to adopt Resolution #16-28:
Motion: Patrick Rizzuto
Second: Dick Wetzel

A roll call vote was taken:
Ayes: Jean Murphy, Sandra Ooms, Patrick Rizzuto, Dick Wetzel, Daniel Kadish
Nays: None
Abstain: None
Motion carried to adopt Resolution #16-28.

Resolution #16-28: Authorizing the Award of Contract for Professional Services for Township Special Attorney

WHEREAS, there is a need for Special Legal Services including Tax Appeals and Foreclosures for the year 2016 for the Township of Vernon; and

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

WHEREAS, said specified professional services are to be rendered or performed by a person or persons authorized by law to practice a recognized profession, and whose practice is regulated by law within the meaning of N.J.S.A. 40A:11-1 et seq., as amended; and

WHEREAS, the performance of said professional services requires knowledge of an advanced field of learning acquired by a prolonged formal course of specialized training and study as distinguished from general academic instruction or apprenticeship and training; and

WHEREAS, the Township of Vernon is desirous to appoint Robert McBriar, Esq. of the law offices of Schenck, Price, Smith & King, LLP, as a non-fair and open contract pursuant to the provisions of the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.; and

WHEREAS, the Chief Finance Officer has determined and certified in writing that the value of the contract is available for these purposes subject to the adoption of the 2016 Municipal Budget; and

WHEREAS, the Local Public Contracts Law N.J.S.A. 40A:11-1 et seq., as amended, requires that this Resolution be publicly advertised.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Township of Vernon that Vernon Township hereby authorizes and approves the award of contract of a Professional Service Contract to Robert McBriar, Esq. from the law offices of Schenck, Price, Smith & King, LLP, pursuant to a non-fair and open contract pursuant to the provisions of the Local Public Contracts Law, N.J.S.A. 40A:20-1 et seq. to provide Legal Services in accordance with the attached Contract for Professional Services.

BE IT FURTHER RESOLVED, that the award of contract shall be contingent upon the completion and receipt of the following:

  1. A fully-executed professional services contract detailing the scope of services, established fees for said professional services, mandatory Equal Opportunity Language and Affirmative Action Certificate; and
  2. Receipt of all statutorily mandated “pay to play” political contribution forms pursuant to N.J.S.A. 19:44A-20.4 et seq.;
  3. New Jersey Business Registration Certificate; and
  4. Upon the aforementioned professional being a member in good standing in his respective profession.

BE IT FURTHER RESOLVED, that the Mayor and Township Clerk are hereby authorized and directed to execute, seal and deliver the attached Contracts for Professional Services on behalf of and in the name of the Township of Vernon and that the Township Clerk shall publish the award of contract as required by law within ten (10) days of passage of this Resolution.

Council President Kadish asked for a motion to adopt Resolution #16-29:
Motion: Dick Wetzel
Second: Sandra Ooms

A roll call vote was taken:
Ayes: Jean Murphy, Sandra Ooms, Patrick Rizzuto, Dick Wetzel, Daniel Kadish
Nays: None
Abstain: None
Motion carried to adopt Resolution #16-29.

Resolution #16-29: Authorizing the Renewal Contract for 2016 Recording Secretary for the Land Use Board in the Amount Not to Exceed $2,000

WHEREAS, there exists a need for a Recording Secretary for the Township’s Land Use Board for the year 2016; and

WHEREAS, Carole Baksa is the Township’s current independent contractor for this service and desires to continue in this capacity; and

WHEREAS, Vernon Township desires to renew the existing contract with Carole Baksa for the term of the contract, renewal will be from January 1, 2016 to December 31, 2016, with a total contract price not to exceed $2,000.00; and

WHEREAS, the Chief Financial Officer has certified that funds are available for this purpose subject to the adoption of the 2016 Municipal Budget.

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

  1. The Township of Vernon is authorized to renew the existing contract with Carole Baksa for 2016 Recording Secretary for the Township’s Land Use Board.
  2. The Mayor and Municipal Clerk are hereby authorized and directed to execute the attached Contract with Carole Baksa.
  3. A copy of this Resolution shall be published in the New Jersey Herald by the Municipal Clerk as required by law and a true copy of same and the Contract shall be available for inspection in the office of the Municipal Clerk.

Council President Kadish asked for a motion to adopt Resolution #16-30.

Council Member Murphy made a motion to table Resolution #16-30:
Motion: Jean Murphy
Second: Sandra Ooms

A roll call vote was taken:
Ayes: Jean Murphy, Sandra Ooms, Dick Wetzel, Daniel Kadish
Nays: Patrick Rizzuto
Abstain: None
Motion was tabled for Resolution #16-30.

Resolution #16-30: Authorizing the Contract for 2016 Recording Secretary for the Environmental Commission in the Amount Not to Exceed $1,000.00

Council President Kadish asked for a motion to adopt Resolution #16-31:
Motion: Jean Murphy
Second: Dick Wetzel

A roll call vote was taken:
Ayes: Jean Murphy, Sandra Ooms, Patrick Rizzuto, Dick Wetzel, Daniel Kadish
Nays: None
Abstain: None
Motion carried to adopt Resolution #16-31.

Resolution #16-31: Authorizing the Award of Contract for Professional Services for Updating the Tax and Zoning Maps

WHEREAS, there is a need for Professional Services to the Township of Vernon for updating the tax and zoning maps for the term January 1, 2016 through December 31, 2016; and

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

WHEREAS, said specified professional services are to be rendered or performed by a person or persons authorized by law to practice a recognized profession, and whose practice is regulated by law within the meaning of N.J.S.A. 40A:11-1 et seq., as amended; and

WHEREAS, the performance of said professional services requires knowledge of an advanced field of learning acquired by a prolonged formal course of specialized training and study as distinguished from general academic instruction or apprenticeship and training; and

WHEREAS, the Township of Vernon is desirous to enter into an agreement with this professional as a fair and open contract pursuant to the provisions of the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq., as amended; and

WHEREAS, the Chief Finance Officer has certified in writing that the value of this contract is available for these purposes subject to the adoption of the 2016 Municipal Budget; and

WHEREAS, the Local Public Contracts Law N.J.S.A. 40A:11-1 et seq., as amended, requires that this Resolution be publicly advertised.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Township of Vernon that they hereby authorize and approve the award of contract to VS Land Data, Inc. for the term January 1, 2016 through December 31, 2016 pursuant to a non-fair and open contract pursuant to the provisions of the Local Public Contracts Law, N.J.S.A.-1 et seq. to update the Vernon Township tax and zoning maps.

BE IT FURTHER RESOLVED, that the award of contract shall be contingent upon the completion and receipt of the following:

  1. A fully-executed professional services contract detailing the scope of services, established fees for said professional services, mandatory Equal Opportunity Language and Affirmative Action Certificate; and
  2. Receipt of all statutorily mandated “pay to play” political contribution forms pursuant to N.J.S.A. 19:44A-20.4 et seq.; and
  3. New Jersey Business Registration Certificate; and
  4. Upon the aforementioned professional being a member in good standing in his respective profession.

BE IT FURTHER RESOLVED, that the Mayor and Municipal Clerk are hereby authorized and directed to execute, seal and deliver the attached Contract for Professional Services on behalf of and in the name of the Township of Vernon and that the Municipal Clerk shall publish the award of contract as required by law with ten (10) days of passage of this Resolution.

Council President Kadish asked for a motion to adopt Resolution #16-32:
Motion: Patrick Rizzuto
Second: Sandra Ooms

A roll call vote was taken:
Ayes: Jean Murphy, Sandra Ooms, Patrick Rizzuto, Dick Wetzel, Daniel Kadish
Nays: None
Abstain: None
Motion carried to adopt Resolution #16-32.

Resolution #16-32: Authorizing the Renewal of Contract for Maintaining Township Website

WHEREAS, there is a need for maintenance of the Township’s website; and

WHEREAS, Paviaweb developed and currently maintains the website; and

WHEREAS, the Business Administrator recommends the award of contract to Paviaweb.com, 14 Allen Street, Netcong, NJ from January 1, 2016, to December 31, 2016; and

WHEREAS, the contract stipulates a monthly maintenance fee of $340.00 which the Chief Finance Officer has determined and certified funds subject to the adoption of the 2016 budget.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Township of Vernon that they hereby authorize and approve the award of contract to Paviaweb.com, 14 Allen Street, Netcong, NJ, to provide Website Maintenance for the Vernon Township Municipal website for a term of 12 months.

Council President Kadish asked for a motion to adopt Resolution #16-33:
Motion: Dick Wetzel
Second: Sandra Ooms

A roll call vote was taken:
Ayes: Jean Murphy, Sandra Ooms, Patrick Rizzuto, Dick Wetzel, Daniel Kadish
Nays: None
Abstain: None
Motion carried to adopt Resolution #16-33.

Resolution #16-33: Authorizing Contract with Microsystems-NJ, LLC, for the Year 2016 in the Amount Not to Exceed $3,000.00

WHEREAS, there exists a need for Computer services for the Township of Vernon for the Tax Assessment Computer Assisted Mass Appraisal System (CAMA); and

WHEREAS, the Municipal Assessor has determined that Microsystems-NJ, LLC, the Township’s current contractor providing Computer services for Tax Assessment/CAMA is qualified and authorized by the State of New Jersey to continue providing the Township with such services; and

WHEREAS, Vernon desires to appoint Microsystems-NJ, LLC, pursuant to a contract under the provisions of N.J.S.A. 40A:11-5(1) (dd), which states computer software services are an exception to public bidding; and

WHEREAS, the Chief Financial Officer has certified that funds are available for this purpose in the 2016 municipal budget and the value of the contract will not exceed $3,000.00.

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

  1. The Township of Vernon is authorized to engage Microsystems-NJ, LLC, for the purpose of Computer Services for Tax Assessment; and
  2. The Mayor and Township Clerk are hereby authorized and directed to execute a Professional Services Contract with Microsystems-NJ, LLC
  3. This Professional Services Contract is authorized to engage Microsystems-NJ, LLC, without competitive bidding for the provision of performance of goods or services for the support or maintenance of proprietary computer hardware and software.

Council President Kadish asked for a motion to adopt Resolution #16-34:
Motion: Jean Murphy
Second: Dick Wetzel

A roll call vote was taken:
Ayes: Jean Murphy, Sandra Ooms, Patrick Rizzuto, Dick Wetzel, Daniel Kadish
Nays: None
Abstain: None
Motion carried to adopt Resolution #16-34.

Resolution #16-34: Authorizing Renewal of a Professional Services Agreement between the Township of Vernon and Action Data Services to Provide Payroll and Accounting Services from January 1, 2016 through December 31, 2016

WHEREAS, the Township of Vernon (“Township”) has a need to acquire professional payroll and accounting services to process employee payroll; and

WHEREAS, Action Data Services had submitted a proposal and contract, which was awarded by Resolution 13-214, dated December 9, 2013, for the provision of said professional services for the year 2014 with an option to renew said contract for 2015; and

WHEREAS, pursuant to N.J.S.A. 19:44A-20.5 the New Jersey Local Pay-to-Play Law and pursuant to N.J.S.A. 40A:11-5(1)(a)(1) of the New Jersey Local Public Contracts Law, the Township may renew said Professional Services Agreement without public bidding provided all reporting requirements have been met; and

WHEREAS, the Township Chief Financial Officer has certified that there is no charge to the Township Budget as the current Township bank, Lakeland Bank, pays in full for this service, providing the overall cost does not exceed $9,000.00 per annum.

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

  1. The Mayor of the Township of Vernon is hereby authorized to renew into the Professional Services Agreement with Action Data Services pursuant to the contract dated December 18, 2013.
  2. Notice of the award of the within Contract shall be published in accordance with law.
  3. The within Resolution and subject Contract shall be on file and available for public inspection in the office of the Municipal Clerk.
  4. This Resolution shall take effect immediately upon passage and publication in accordance with law, if required.

Council President Kadish asked for a motion to adopt Resolution #16-35:
Motion: Patrick Rizzuto
Second: Dick Wetzel

A roll call vote was taken:
Ayes: Jean Murphy, Sandra Ooms, Patrick Rizzuto, Dick Wetzel, Daniel Kadish
Nays: None
Abstain: None
Motion carried to adopt Resolution #16-35.

Resolution #16-35: Resolution Authorizing the Execution of a Contract for Recreation Administrative Services to the Vernon Township Police Athletic League (PAL)

WHEREAS, the Township of Vernon runs various recreation programs;

WHEREAS, the Vernon Township Police Athletic League (PAL) is an established administrator and provider of recreational programs;

WHEREAS, there is a recommendation to transfer the administration of certain recreational programs to the PAL;

WHEREAS, providing these services through the PAL will result in less administrative responsibility for Township employees;

WHEREAS, paying the Vernon Township PAL the sum of $25,000.00 will reduce the budgeted contribution to the Vernon Township PAL;

NOW THEREFORE IT BE RESOLVED that the Mayor or Business Administrator and Clerk are authorized to execute a contract with the Vernon Township PAL to provide recreation administration services for the sum of $25,000.00.

Council President Kadish asked for a motion to adopt Resolution #16-36:
Motion: Patrick Rizzuto
Second: Sandra Ooms

A roll call vote was taken:
Ayes: Jean Murphy, Sandra Ooms, Patrick Rizzuto, Dick Wetzel, Daniel Kadish
Nays: None
Abstain: None
Motion carried to adopt Resolution #16-36.

Resolution #16-36: Authorizing the Contract for 2016 Recording Secretary for the Historic Preservation Commission

WHEREAS, there exists a need for a Recording Secretary for the Historic Preservation Commission for the year 2016; and

WHEREAS, Gail Russell is the Township’s current independent contractor for these services for the Environmental Commission and desires to be appointed in this capacity for the Historic Preservation Commission; and

WHEREAS, Vernon Township desires to execute a contract with Gail Russell for the term of the contract from January 1, 2016 to December 31, 2016, with a total contract price not to exceed $500.00; and

WHEREAS, the Chief Financial Officer has certified that funds are available for this purpose subject to the adoption of the 2016 Municipal Budget.

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

  1. The Township of Vernon is authorized to execute a contract with Gail Russell for 2016 Recording Secretary for the Historic Preservation Commission.
  2. The Mayor and Municipal Clerk are hereby authorized and directed to execute the attached Contract with Gail Russell.
  3. A summary of this Resolution shall be published in the New Jersey Herald by the Municipal Clerk as required by law and a true copy of same and the Contract shall be available for inspection in the office of the Municipal Clerk.

Appointments to Boards, Commissions, and Committees

Council President Kadish asked for a motion to adopt Resolution #16-37 (EDAC).

Mayor Shortway stated he would like the EDAC to act in an advisory capacity to complete the trail system. Council Member Murphy discussed the EDAC as an ad-hoc committee, which now appears to be taking a different role. Attorney McBriar noted he would have to review the enabling resolution and suggested tabling the resolution until such time as he could make said review. Mayor Shortway indicated there would be a presentation. Council Member Wetzel expressed concern that some of the previous members had been overlooked. Council Member Rizzuto indicated that the committee exists and the direction they take is the committee’s decision. Council President Kadish stated that he had seen Mayor Shortway’s presentation during the campaign and, while the new members were wonderful, he suggested tabling it until a formal presentation could be brought forth.

Council Member Murphy moved to table this resolution until January 11, 2016.
Motion: Jean Murphy
Second: Daniel Kadish

A roll call vote was taken:
Ayes: Jean Murphy, Sandra Ooms, Dick Wetzel, Daniel Kadish
Nays: Patrick Rizzuto
Abstain: None
Motion carried to table Resolution #16-37 until January 11, 2016.

Resolution #16-37: Appointment to the Economic Development Advisory Committee

Council President Kadish expressed concern that the Class I member seat was for only 1 year. Attorney McBriar explained that the seat does run concurrent with the Mayor’s term but the Mayor may appoint a designee if he so chooses. Council President Kadish commented that the Council President Class III member appointment should be made by the Council. Attorney McBriar indicated that was corrected. Council President Kadish nominated Jean Murphy to serve as the Class III member and adopt the resolution.

Motion: Daniel Kadish
Second: Sandra Ooms

A roll call vote was taken:
Ayes: Jean Murphy, Sandra Ooms, Daniel Kadish
Nays: Patrick Rizzuto, Dick Wetzel
Abstain: None
Motion carried to adopt and make Council Member Murphy the Class III member.

Resolution #16-38: Appointments to the 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 effective 1/1/2016 for a term specified as follows:

Mayor Harry Shortway Class 1 1 year term expiring 12/31/2016
Council Member Jean Murphy Class III 1-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. Land Use Board Secretary

Council President Kadish asked for a motion to adopt Resolution #16-39:
Motion: Patrick Rizzuto
Second: Jean Murphy

A roll call vote was taken:
Ayes: Jean Murphy, Sandra Ooms, Patrick Rizzuto, Dick Wetzel, Daniel Kadish
Nays: None
Abstain: None
Motion carried to adopt Resolution #16-39.

Council Member Kadish expressed concern that William Shapiro was the only member. Mayor Shortway indicated that he was still exploring additional members.

Resolution #16-39: Appointments to the Board of Recreation

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 Board of Recreation effective 1/1/2016 for a term specified as follows:

William H. Shapiro, Jr. Seat I
Expiring 12/31/2018-3 Year Term

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

a. Vernon Township Department of Recreation & Community Development

Items for Discussion

Resolution Prohibiting a Township Official from Accepting Employment with the Township

Council Member Murphy discussed the Ordinance of Andover prohibiting elected officials from taking employment with the Township for one year, to limit any perceived conflict. Council Member Murphy stated she would like to pass a resolution to prohibit any previously elected officials or officials going forward from taking employment with the Township for a period of one year after they leave office. Council President Kadish indicated it would be a “cooling off” period and stated he felt it would be a good idea. Council Member Murphy stated that in the future perhaps there would be an ordinance that could extend to some boards. Council President Kadish asked Attorney McBriar to formulate a resolution. Council Member Murphy asked if something could be done today. Council Member Rizzuto stated he felt it was unnecessary, as this issue has not arisen at this point. Council Member Rizzuto asked if this would grandfather the outgoing officials who may have had some commitments for future employment. Council Member Rizzuto expressed concern about a chilling effect on volunteers and clearly delineating the word official. Council Member Murphy stated this only applies at this time for elected officials. The Council discussed whether a resolution should be done for today or for the next meeting. Council Member Wetzel expressed concern that this was done to get even with someone.

Council Member Murphy moved to have a resolution drafted today prohibiting elected officials from taking employment in the municipality or any of its subsidiaries for a period of one year. Council Member Murphy indicated this would be for current elected officials and former elected officials.

Council Member Rizzuto moved for this to be tabled.

Attorney McBriar noted neither motion had been seconded.

Council Member Ooms seconded Council Member Murphy’s motion.

Attorney McBriar stated you have a primary motion to adopt and the subsidiary motion to table.

Council President Kadish suggested a third motion at which time Council Member Rizzuto withdrew his motion to table.

Council President Kadish suggested discussing this at the end of the meeting.

Council Member Rizzuto motioned to table this item. Attorney McBriar stated this subsidiary motion should be considered first.

Motion to table: Rizzuto

A roll call vote was taken:
Ayes: Patrick Rizzuto, Dick Wetzel
Nays: Jean Murphy, Sandra Ooms, Daniel Kadish
Abstain: None
Motion did not carry to table.

Attorney McBriar reiterated the primary motion to prohibit current and former elected officials from seeking employment with the township and its agencies/subsidiaries for a period of one year following termination from office. Council Member Murphy confirmed same. Attorney McBriar stated a written form can be drafted for the future.

Motion: Jean Murphy
Second: Sandra Ooms

A roll call vote was taken:
Ayes: Jean Murphy, Sandra Ooms, Daniel Kadish
Nays: Patrick Rizzuto, Dick Wetzel
Abstain: None
Motion carried.

Mayor’s Appointments

Council President Kadish asked the assemblage to note the following appointments made by Mayor Shortway:

Fire Chiefs

  1. Vernon Fire Department
    • Chief Mike Taylor
    • Deputy Chief Ron Krystofik
  2. McAfee Fire Department
    • Chief Ken Clark
    • Deputy Chief Michael Casbaro
  3. Highland Lakes Fire Department
    • Chief Ken Kiefer
    • Assistant Chief Chris Herring
  4. Pochuck Valley Fire Department
    • Chief Tom VanLeuven
    • Deputy Chief John Cosh

A roll call vote was taken:
Ayes: Jean Murphy, Sandra Ooms, Patrick Rizzuto, Dick Wetzel, Daniel Kadish
Nays: None
Abstain: None

Vernon Township Ambulance Squad 2016 Officers

Joseph Moran, President
Carol Monzo, Vice President
Peggy Warnet, Secretary
Andrea Cocula, Treasurer
Roger Kirchner, Chief
Jon Klos, Assistant Chief
Amy Wengenroth, Mtn. Lt.
Alyse Watson, Valley Lt.

Special Police Officer Appointments

Larry Pettigano
Kurt Reinhardt
Michael Sauer
James Vette
Douglas Vince

A roll call vote was taken:
Ayes: Jean Murphy, Sandra Ooms, Patrick Rizzuto, Dick Wetzel, Daniel Kadish
Nays: None
Abstain: None

Council Member Oooms acknowledged the fire and EMS members in the audience and they were given a round of applause.

It was noted by Council President Kadish that a motion was not necessary.

Council Comments

Council Member Wetzel wished everyone a safe and healthy New Year. Council Member Wetzel indicated this was going to be a busy year and the bar had been set high. Council Member Wetzel congratulated Mr. Kadish, Ms. Ooms and Mayor Shortway.

Council Member Rizzuto thanked the assemblage and Assemblywoman Phoebus for administering the Oaths of Office to the elected officials. Council Member Rizzuto noted there are a number of projects on the boards and stated that the new projects will be a cornerstone to the economy in Vernon and the Township cannot grow on the backs of the residential taxpayer the Township needs new ratables. Council Member Rizzuto noted that the largest taxpayer was ten times larger than any other tax payer in town and expressed concern due to their size when they come to the table and make proposals. Council Member Rizzuto looked forward to working with Council President Kadish and Mayor Shortway.

Council Member Ooms wished good luck to Mayor Shortway and thanked Assemblywoman Phoebus. Council Member Ooms wished everyone a Happy New Year and noted that she was looking forward to working with the Council.

Council Member Murphy noted the goal was to do the best for the Township of Vernon. Council Member Murphy thanked the Municipal Clerk, Lauren Kirkman, for her working endless hours to keep the Council organized and setting everything up. Council Member Murphy stated without her the municipality would suffer and asked for a round of applause. Council Member Murphy stated Freeholder Graham had intended to be here but was unable and congratulated everyone. Council Member Murphy stated at 6 p.m. on Monday was the Freeholder Re-organization.

Council Member Kadish requested a work session to discuss the Council’s goals and priorities. It was suggested January 14, 2016 at 10:00 a.m.
Motion: Jean Murphy
Second: Daniel Kadish

A roll call vote was taken:
Ayes: Jean Murphy, Sandra Ooms, Patrick Rizzuto, Dick Wetzel, Daniel Kadish
Nays: None
Abstain: None
Motion carried for a work session.

Adjournment

There being no further items of business to be conducted, a motion for Adjournment was made by Council President Kadish. Motion seconded by Council Member Wetzel, with all members voting in favor.

The Reorganization Meeting of the Township Council of the Township of Vernon was adjourned at 1:21 p.m.

Respectfully submitted,
Lauren E. Kirkman, RMC, CMR
Municipal Clerk

Minutes approved: February 8, 2016