Township Council Reorganization Meeting

The Reorganization Meeting of the Township Council of the Township of Vernon was convened at 12:04 p.m. on Thursday, January 1, 2010 in the Vernon Municipal Center, Church Street, Vernon, New Jersey, with Municipal Clerk Robin Kline presiding.

Township Clerk Presides over Meeting

Statement of Compliance

Adequate notice of this meeting had been provided to the public and the press on December 28, 2009 by delivering to the press and posting such notice at the Municipal Building. The purpose of this meeting is for Reorganization purposes only.

Salute to the Flag

The Municipal Clerk led the assemblage in the salute to the flag.

Oath of Office Administered to Harry Shortway

State Senator Steve Oroho officially administered the Oath of Office to Council Member-elect Harry Shortway. Mr. Shortway was accompanied by his wife, Cherie, and family.

Oath of Office Administered to Michael Pier

State Senator Steve Oroho officially administered the Oath of Office to Council Member-elect Michael Pier. Mr. Pier was accompanied by his wife Nicole.

Roll Call of Members

Present were Council Members Richard Carson, Michael Pier, Sally Rinker, Valerie Seufert, and Harry Shortway. Also present were Township Manager Melinda Carlton and Attorney Howard Vex.

Election of Mayor

The Municipal Clerk informed the Council and public that in accordance with Vernon Township’s Administration Code, the positions of Mayor and Deputy Mayor are chosen by ballot by majority of all members of the Council. Attorney Howard Vex then read excerpts from Chapter 5, Article II § 5-3 A. and § 5-3 B. of the Administrative Code for the benefit of the Council, public, and record.

The Municipal Clerk distributed ballots for the election of Mayor to each Council member. Attorney Howard Vex collected the completed ballots and recorded the ballot results. Mr. Vex announced Sally Rinker received the majority number of Council votes and has been elected Mayor by members of the Council. Mayor Rinker was congratulated by the Council and public.

Newly Elected Mayor Will Preside over Meeting

Municipal Clerk Robin Kline “passed the gavel” to Mayor Sally Rinker to preside over the meeting.

Election of Deputy Mayor

The Municipal Clerk distributed ballots for the election of Deputy Mayor to each Council member. Attorney Howard Vex collected the completed ballots and recorded the ballot results. Mr. Vex announced Harry Shortway received the majority number of votes and has been elected Deputy Mayor by members of the Council. Deputy Mayor Shortway was congratulated by the Council and public.

Moment of Silence in Memoriam to Mr. John Dunham

Mayor Sally Rinker called for a moment of silence in memoriam to Mr. John Durham, a long-time Vernon resident. Mr. Durham served as Mayor and Committeeman of Vernon Township in the 1980’s and was well-respected by Vernon’s citizenry.

Council Comments

Council Member Richard Carson Council Member Richard Carson spoke of the many challenges facing the Township this coming year. Development of our Town Center, moving forward on the redevelopment projects, and balancing of a very tight municipal budget in light of the current declining financial climate, were mentioned. Mr. Carson stated achieving success in these efforts would require endurance and firm resolve on the part of the Township Council. Mr. Carson reassured the citizens of Vernon that the new Council team is prepared and driven to bring success to the many critical issues facing the Township.

Mr. Carson thanked the Township employees and volunteer emergency responders for performing the many varied duties essential in maintaining our quality of life and promised to support and promote a positive and proactive work environment, which facilitates success and achievement.

Council Member Valerie Seufert

Council Member Seufert thanked the public for attending the Reorganization Meeting and assured the public and citizenry that she will continue to work diligently in serving the best interests of our residents. Ms. Seufert commented that the Council must not only listen to our citizens and professionals, but must hear and acknowledge their concerns as well. Doing so, better decisions will be made. As a member of the Township Council, Ms. Seufert pledged she will continue to work diligently on keeping costs down and reviewing all budgetary matters in the coming year. The Council will continue to explore shared service partnerships and continue to seek grant funding opportunities to minimize tax impacts to our taxpayers.

Ms. Seufert pledged her full support in working with the new Council, Mayor and Deputy Mayor in the coming year and wished everyone a wonderful New Year.

Council Member Harry Shortway

Council Member Harry Shortway thanked the everyone for attending the Reorganization Meeting on this New Years Day, and further thanked his family, friends and public for their support and confidence. Mr. Shortway stated that with the responsibility he now carries, and with the Council and the public’s help, he will lead Vernon to a better tomorrow. Mr. Shortway stated we have a great purpose to unite and serve Vernon Township. Having a “purpose and vision” will inspire the new Council to look forward when times are hard and to be successful no matter what the odds may be. Mr. Shortway further commented that he will accept full responsibility to help protect the citizens of Vernon and will not entertain any efforts to lay-off or reduce police services or our volunteer emergency services. Mr. Shortway stated it will be important for the Council to reach out to our friends on the Board of Education to explore the feasibility of shared services to help reduce the tax burden on property owners.

In closing, Mr. Shortway encouraged the residents of Vernon to have faith that our new Council will work together to make Vernon a better place to work and live. With a purpose and vision Vernon will once again become a town that all residents will proudly to call home.

Council Member Michael Pier

Council Member Michael Pier thanked the public for electing him into office and thanked his mother, wife, and close friends for all their support, especially knowing the extensive dedication of time and commitment required to effectively perform as a member of the Township’s governing body. Mr. Pier stated he will work diligently to open the lines of communication with our citizens to better represent their interests and is hopeful that once again the public will begin to trust their government to serve their interestes well.

In closing, Mr. Pier stated he is committed to pursuing shared services and building partnerships with our Board of Education and neighboring towns to help reduce the tax burden that he and all Vernon property owners are obligated to pay each year.

Mayor Sally Rinker

Mayor Sally Rinker thanked everyone for attending the Reorganization Meeting and stated she is very proud to be a member of our Township Council as all five members have already begun to work hard and have come together in complete unity and said this Council brings a diverse set of skills with common goals. Mayor Rinker stated she and the Council are very mindful of the necessity to get our financial house in order and is committed to stabilizing property taxes. The 2010 Budget will be fully reviewed with the expert assistance of the Financial Advisory Committee to eliminate unnecessary spending.

Mayor Rinker stated the Council will initiate renewed relationships with our Board of Education, our emergency service volunteers, and county and state officials to facilitate more cost-effective programs and plans. The Council will foster inclusion and engage in improved communication with our municipal departments, as well as, our residents to help establish attainable goals and objectives. Mayor Rinker commented that an important part of Vernon’s success story will be the completion of the sewer project and the successful build-out of our Town Center as the national and state economy improves.

Mayor Rinker reassured the public that the new Council will continue to work for the people of Vernon to achieve positive results. Ms. Rinker proudly accepted the appointment of Mayor from her peers on the Council and vowed to serve the Township to the best of her ability.

Open the Meeting to the Public

At this time, the Mayor opened the meeting to the public for comments.

Dennis Miranda, Vernon, commented that the creation of the Butterfly Garden at Memorial Park this past year embodies the kind of vision that serves to promote a beautiful and sustainable environmental future for Vernon Township. He stated he looks forward to seeing the new Council implement new policies, which will move Vernon Township toward both environmental and economic sustainability.

Gary Martinsen, Vernon, extended best wishes for a happy New Year and commented that when Vernon’s Council-Manager form of government is properly executed, it works well in serving the people. Seeing no one else wishing to speak, Mayor Carew closed the public comment portion of the meeting.

Consent Agenda

Resolution #10-01: Designation of Official Newspaper for 2010

WHEREAS, N.J.S.A. 40:53-1 et al. of the Open Public Meetings Act requires that certain Notices of meetings be submitted to a minimum of two (2) newspapers, one of which shall be the official newspaper, 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 is hereby designated to receive all notices of meetings as required under the Open Public Meetings Act and The Advertiser News and the Vernon Aim will be designated as the alternate newspapers; and

WHEREAS, It is the opinion of this public body that The New Jersey Herald, The Advertiser News, and the Vernon Aim 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 is hereby designated as the official newspaper, and The Advertiser News and the Vernon Aim will be designated as alternate newspapers of the Township of Vernon for the 2010 Calendar Year; and

BE IT FURTHER RESOLVED that The New Jersey Herald, The Advertiser News and the Vernon Aim newspapers are designated to receive all Notices of meetings of the Township Council for the 2010 Calendar Year as required by the Open Public Meetings Act.

Resolution #10-02: Designating Meeting Dates of the Township Council for the 2010 Calendar Year

BE IT RESOLVED, in accordance with the Open Public Meetings Act, N.J.S.A. 10:4-1 et. seq., the Reorganization Meeting of the Township Council of the Township of Vernon shall convene at 12:00 noon at the Vernon Municipal Center, 21 Church Street, Vernon, New Jersey. Formal action will be taken at the Reorganization Meeting.

BE IT FURTHER 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 at 6:00 p.m. at the Vernon Municipal Center, 21 Church Street, Vernon, New Jersey for the following meeting dates:

January 14 and 28
February 11 and 25
March 11 and 25
April 15 and 29
May 13 and 27
June 10 and 24
July 8 and 22
August 12 and 26
September 13* and 23
October 14 and 28
November 15* and 29*
December 16

*Meeting date moved to the following Monday

BE IT FURTHER RESOLVED that the Township Council shall immediately convene into Executive Session after opening their Regular Meeting at 6:00 p.m. in order to discuss those matters in executive session from which the public shall be excluded and at 7:00 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 the newspapers to which all Notices required by the Open Public Meetings Act shall be published in The New Jersey Herald, The Advertiser News and the Vernon Aim newspapers, and shall be posted on the bulletin board in the Municipal Building.

Resolution #10-03: Cash Management Plan

BE IT RESOLVED by the Council of the Township of Vernon, County of Sussex, that for the year 2010, the following shall serve as the Cash Management Plan of the Township of Vernon:

1. Cash Management and Investment 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 investment yield.

2. Designation of Official Depositories

  • Sussex Bank
  • Valley National Bank
  • Highlands State Bank
  • Lakeland Bank
  • Chase 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. Facsimile signatures for the Township, Chief Financial Officer, Municipal Clerk, and Deputy Mayor are approved for all checks issued by the Township.

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 #10-04: Reauthorizing Petty Cash Funds for Calendar Year 2010

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 2010 as follows:

DepartmentCustodianAmount Authorized
DPW Dave Pullis $100.00
Finance William I. Zuckerman $300.00
Recreation Patricia Seger $600.00

NOW, THEREFORE 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 #10-05: 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 #10-06: Authorizing the Municipal Tax Assessor and the 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 municipal attorney of the municipality to file and prosecute 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 municipal attorney 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 municipal attorney are hereby designated as the agents of the Township of Vernon for 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 #10-07: 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 Manager as the Public Agency Compliance Officer for calendar year 2010;

NOW THEREFORE BE IT RESOLVED by the Council of the Township of Vernon that it hereby designates the Township Manager as the Township’s Public Agency Compliance Officer for calendar year 2010; 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 by law.

Resolution #10-08: Appointing Township Manager 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 Manager is hereby appointed as the ADA Coordinator for Vernon Township.

Resolution #10-09: Designating Deputy Custodians of Public Records

WHEREAS, the Open Public Records Act, N.J.S.A. 47:1A-1 et seq. provides public access to local government records; and

WHEREAS, the Open Public Records Act further provides that in municipal government the Municipal Clerk shall be the custodian of records; and

WHEREAS, many public officials, officers or employees, including but not limited to the Township Manager, Police Chief, Chief Finance Officer, Tax Collector, Tax Assessor, Chief Construction Official, and all municipal department or division heads, have an inherent record-keeping duty and responsibility in maintaining specific types of local government records; and

WHEREAS, the Open Public Records Act allows the Municipal Clerk to name deputy custodians of records to assist in the handling of, and responsibility for, public records;

THEREFORE BE IT RESOLVED by the Vernon Township Council that in order to facilitate speedy citizen access, efficiency in administration, and compliance with government record access laws, the Township Manager, Police Chief, Chief Finance Officer, Tax Collector, Tax Assessor, Chief Construction Official, and all municipal department and division heads are hereby designated to serve as Deputy Custodians of Public Records in the performance of duties and responsibilities pursuant to the Open Public Records Act, N.J.S.A. 47:1A-1 et seq.

A motion was made by Council Member Valerie Seufert to approve the Consent Agenda, seconded by Council Member Richard Carson.

A roll call vote was taken on the approval of the Consent Agenda:
Ayes: Carson, Pier, Seufert, Shortway, Rinker
Nays: None
Motion carried.
Consent Agenda was approved as presented.

Resolution #10-10: Adoption of 2010 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 2010 Annual Budget, exclusive of any appropriations for debt service, capital improvements, and public assistance is $19,318,350.00; and

WHEREAS, 26.25% of total appropriations for the 2010 Annual Budget, exclusive of any appropriations for debt service, capital improvements, and public assistance is $5,226,871.00.

NOW, THEREFORE BE IT RESOLVED by the Council of the Township of Vernon that the attached Schedule A entitled “2010 Temporary Appropriations” is hereby approved.

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.

A motion was made by Council Member Valerie Seufert to approve Resolution #10-10, seconded by Council Member Harry Shortway.

A roll call vote was taken:
Ayes: Carson, Pier, Seufert, Shortway, Rinker
Nays: None
Motion carried.
Resolution #10-10 was approved as presented.

Professional Service Appointments

Resolution #10-11: Authorizing the Award of Contract for Professional Services for Township Attorney

WHEREAS, there is a need for General Legal Services to 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 processional 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 has issued Requests for Qualifications for General Legal Services to be appointed 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 the Township Council and Township Manager has received, reviewed and considered all responses thereto; and

WHEREAS, the Chief Finance Officer has determined and certified in writing that the value of the contract may exceed $17,500.00 has certified that funds are available for this purpose subject to the adoption of the 2010 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 of a Professional Service Contract to John Ursin, Esq. of the law offices of Courter, Kobert & Cohen, pursuant to a 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 General 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 Contract 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 with ten (10) days of passage of this Resolution.

A motion was made by Council Member Michael Pier to approve Resolution #10-11, seconded by Council Member Valerie Seufert.

A roll call vote was taken:
Ayes: Carson, Pier, Rinker, Seufert, Shortway
Nays: None
Motion carried.
Resolution #10-11 was approved as presented.

Resolution #10-12: Authorizing the Award of Contract for Professional Services for Township Auditor

WHEREAS, there is a need for Municipal Auditing Services 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 processional 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 has issued Requests for Qualifications for Municipal Auditing Services to be appointed 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 the Township Council and Township Manager has received, reviewed and considered all responses thereto; and

WHEREAS, the Chief Finance Officer has determined and certified in writing that the value of the contract may exceed $17,500.00 has certified that funds are available for this purpose subject to the adoption of the 2010 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 of a Professional Service Contract to Francis “Bud” Jones of the firm Nisivoccia & Company LLC pursuant to a 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 General 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 Contract 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 with ten (10) days of passage of this Resolution.

A motion was made by Council Member Richard Carson to approve Resolution #10-12, seconded by Council Member Valerie Seufert.

A roll call vote was taken:
Ayes: Carson, Pier, Seufert, Shortway, Rinker
Nays: None
Motion carried.
Resolution #10-12 was approved as presented.

Resolution #10-13: Authorizing the Award of Contract for Professional Services for Bond Attorney

WHEREAS, there is a need for Bond Counsel Services to 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 processional 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 has issued Requests for Qualifications for Bond Counsel Services to be appointed 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 the Township Council and Township Manager has received, reviewed and considered all responses thereto; and

WHEREAS, the Chief Finance Officer has determined and certified in writing that the value of the contract may exceed $17,500.00 has certified that funds are available for this purpose subject to the adoption of the 2010 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 of a Professional Service Contract to Robert Beinfield, Esq. of the firm Hawkins Delafield & Wood LLP, pursuant to a 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 General 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 Contract 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 with ten (10) days of passage of this Resolution.

A motion was made by Council Member Michael Pier to approve Resolution #10-13, seconded by Council Member Harry Shortway.

A roll call vote was taken:
Ayes: Carson, Pier, Seufert, Shortway, Rinker
Nays: None
Motion carried.
Resolution #10-13 was approved as presented.

Resolution #10-14: Authorizing the Award of Contract for Professional Services for Municipal Court Prosecutor

WHEREAS, there is a need for a Township Prosecutor for the Vernon Township Municipal Court; 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 processional 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 has issued Requests for Qualifications for Municipal Court Prosecutor to be appointed 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 the Township Council and Township Manager has received, reviewed and considered all responses thereto; and

WHEREAS, the Chief Finance Officer has determined and certified in writing that the value of the contract may exceed $17,500.00 has certified that funds are available for this purpose subject to the adoption of the 2010 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 of a Professional Service Contract to Alicia Saavedra Ferrante, Esq. of the firm Alicia Saavedra Ferrante, Esq. LLC, pursuant to a 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 General 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 Contract 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 with ten (10) days of passage of this Resolution.

A motion was made by Council Member Richard Carson to approve Resolution #10-14, seconded by Council Member Valerie Seufert.

A roll call vote was taken:
Ayes: Carson, Pier, Seufert, Shortway, Rinker
Nays: None
Motion carried.
Resolution #10-14 was approved as presented.

Resolution #10-15: Authorizing the Award of Contract for Professional Services for Municipal Court Public Defender

WHEREAS, there is a need for a Municipal Court Public Defender to 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 processional 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 has issued Requests for Qualifications for Municipal Court Public Defender to be appointed 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 the Township Council and Township Manager has received, reviewed and considered all responses thereto; and

WHEREAS, the Chief Finance Officer has determined and certified in writing that the value of the contract may exceed $17,500.00 has certified that funds are available for this purpose subject to the adoption of the 2010 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 of a Professional Service Contract to James P. Sloan, Esq. of the firm James P. Sloan, P.C. pursuant to a 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 General 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 Contract 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 with ten (10) days of passage of this Resolution.

A motion was made by Council Member Michael Pier to approve Resolution #10-15, seconded by Council Member Harry Shortway.

A roll call vote was taken:
Ayes: Carson, Pier, Seufert, Shortway, Rinker
Nays: None
Motion carried.
Resolution #10-15 was approved as presented.

Resolution #10-16: Resolution Awarding an Additional One-Month Contract Extension for the Disposal of Recyclable Materials

WHEREAS, the Township Council of the Township of Vernon has present a contract with Get A Can, Inc. to collect recyclable materials pursuant to the State Solid Waste Act within the Township of Vernon; and

WHEREAS, said contract expires on December 31, 2009; and

WHEREAS, the Township has solicited new bids, which bids were opened on November 19, 2009; and

WHEREAS, the Township is in the process of reviewing said bids, and the Administration is not yet in a position to make a recommendation for the awarding of a bid; and

WHEREAS, the Township is desirous of extending the existing contract with Get A Can, Inc., for the collection of recyclable materials within the Township of Vernon for an additional one-month period, to expire January 31, 2010; and

WHEREAS, Get A Can, Inc. has agreed to the extension under the same terms and conditions of its existing contract; and

WHEREAS, N.J.S.A. 40A:11-6 authorizes the Township to enter into this type of an additional one-month contract extension due to its emergent nature, which could ultimately affect the public health, safety and welfare of the citizens of the Township of Vernon; and

WHEREAS, the Recycling Coordinator has made the request for the additional one-month extension because of the protection of the public health, safety and welfare; and

WHEREAS, the Chief Financial Officer has certified as to the availability of funds for said one-month contract extension.

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

  1. The Township Council hereby grants a one-month contract extension to Get A Can, Inc. to commence on January 1, 2010 and expire on January 31, 2010, based upon the same terms and conditions currently in effect in its contract with the Township, which expires December 31, 2009.
  2. The Manager and Township Clerk be and are hereby authorized and directed to execute any additional documents necessary to effectuate said one-month contract extension with Get A Can, Inc.
  3. This Resolution and any additional documents setting forth the terms and conditions of said one-month contract extension shall be made available for public inspection in the office of the Municipal Clerk.

A motion was made by Council Member Michael Pier to approve the Resolution #10-16, seconded by Council Member Harry Shortway.

A roll call vote was taken:
Ayes: Carson, Pier, Seufert, Shortway, Rinker
Nays: None
Motion carried.
Resolution #10-16 was approved as presented.

Appointments to Boards, Commissions and Committees

Land Use Board

A motion was made by Council Member Harry Shortway to appoint the following individuals to the Land Use Board, seconded by Council Member Richard Carson.

Class I: Mayor Sally Rinker, 1-year term
Class III: Council Member Valerie Seufert, 1-year term
Class IV: Robert Jordan, fill unexpired term ending 12/31/10
Class IV: Vincent Zinno, 4-year term
Alternate #1: Jean Murphy, 2-year term

A roll call vote was taken:
Ayes: Carson, Pier, Seufert, Shortway, Rinker
Nays: None

Environmental Commission

A motion was made by Council Member Michael Pier to appoint the following individuals to the Environmental Commission, seconded by Council Member Valerie Seufert.

Michael Furrey, 3-year term expiring 12/31/12
Dennis Miranda, 3-year term expiring 12/31/12
David Gornstein, Land Use Board Member, 3-year term, expiring 12/31/12

A roll call vote was taken:
Ayes: Carson, Pier, Seufert, Shortway, Rinker
Nays: None

Senior Citizen Committee

A motion was made by Council Member Harry Shortway to appoint the following individuals to the Land Use Board, seconded by Council Member Michael Pier.

Arthur Maggio, Sr., 3-year term expiring 12/31/12
Marilyn Turansky, 3-year term expiring 12/31/12
Elizabeth Glass, 3-year term expiring 12/31/12

A roll call vote was taken:
Ayes: Carson, Pier, Seufert, Shortway, Rinker
Nays: None

Historic Preservation Commission

A motion was made by Council Member Richard Carson to appoint the following individuals to the Historic Preservation Commission, seconded by Council Member Harry Shortway.

Christopher Hanke, Class A, 4-year term expiring 12/31/13
Sharon Cheadle, Class B, 4-year term expiring 12/31/13
Rev. Robert Solon, Jr., Class B, 4-year term expiring 12/31/13
Carol Gunn-Kadish, Class C, Alternate #2, 4-year term ending 12/31/13

A roll call vote was taken:
Ayes: Carson, Pier, Seufert, Shortway, Rinker
Nays: None

Board of Recreation

A motion was made by Council Member Valerie Seufert to appoint the following individuals to the Board of Recreation, seconded by Council Member Harry Shortway.

Mary Ellen Visichonti, 5-year term ending 12/31/14
Jason Rinker, Alternate #1, 5-year term ending 12/31/14

A roll call vote was taken:
Ayes: Carson, Pier, Seufert, Shortway, Rinker
Nays: None

Manager’s Appointments

The Township Manager, Melinda Carlton, made the following appointments:

Health Advisory Board

Brian Palaia Unexpired 3-year term expiring 12/31/11

Special Police Officer Appointments

Charles Galvano
Larry Kacmarcik
Larry Pettigano
Kurt Reinhardt
Michael Sauer
James Vette
Douglas Vince
Roger Titus

Emergency Management Coordinator

Roy Wherry, Vernon Township Chief of Police

Constable (Animal Control)

Warren Burgess, Sr.

Adjournment

There being no further items of business on the Reorganization Meeting agenda, a motion was made by Council Member Harry Shortway to adjourn the meeting and the motion was seconded by Council Member Richard Carson, with all in favor.

The Reorganization Meeting of the Township Council was adjourned at 12:45 p.m.

Respectfully submitted,
Robin R. Kline, MAS, RMC
Township Clerk

Minutes approved: January 28, 2010