Minutes: January 2, 2017 (R)

YouTube video of the January 2, 2017 council meeting »

The meeting of the Township Council of the Township of Vernon was convened at 7:30 p.m. on Monday January 2, 2017 in the Vernon Municipal Center, 21 Church Street, Vernon, New Jersey with Council President Jean Murphy presiding.

Statement of Compliance

Adequate notice of this meeting has been provided to the public and the press on January 5, 2016, 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

Mayor Shortway led the assemblage in the salute to the flag.

Roll Call of Members

Present were Council Members Sandra Ooms, Patrick Rizzuto, Dick Wetzel and Outgoing Council President Dan Kadish and Incoming Council President Jean Murphy. Also present were Mayor Harry Shortway, CFO Elke Yetter and Municipal Attorney Joshua Zielinski.

Outgoing Council President Comments

Council President Kadish stated he cannot believe the year was over so quickly and referenced other example of memorable government service when he was acting mayor and performed marriages of three couples. Council President Kadish expressed thanks to Council Member Murphy and Council Member Ooms who made his tasks easier with their great enthusiasm. Council President Kadish also thanked Municipal Clerk Lauren Kirkman for her assistance in giving him clarity, structure and helpful legal research. Council President Kadish added thanks to the two Business Administrators, Pat Bailey and Charles Voelker whose experience created a great foundation of expertise. Council President Kadish added he has known Mayor Shortway a long time and valued exploring his opinions and talk of cattle. Council President Kadish feels there is a great team atmosphere during his term and feels that now Vernon is a more transparent government.

Selection of Council President and Vice-President Nominations

A motion was made to nominate Council Member Murphy as Council President.
Moved: Dan Kadish
Second: Sandra Ooms

A roll call vote was taken:
Ayes: Dan Kadish, Jean Murphy, Sandra Ooms
Nays: Patrick Rizzuto, Dick Wetzel w/comments
Abstain: None
Absent: None

Council Member Dick Wetzel commented that Vernon needs a president who knows Roberts Rule of Order, the Vernon form of government, has experience with Board of Education, and previous council president experience. Council Member Wetzel stated he would like to nominate Patrick Rizzuto for Council President. There was no second on this motion.

Motion carried to appoint Council Member Jean Murphy as Council President.

Incoming Council President Comments

Council President Murphy expressed thanks to all council members and commented that all Council Members may not always agree but will get through it together.

Council President Murphy presented a plaque to outgoing Council President Dan Kadish as token of appreciation for his services in 2016.

A motion was made to nominate Council Member Ooms as Council Vice President.
Motion: Jean Murphy
Second: Dan Kadish.

A roll call vote was taken:
Ayes: Dan Kadish, Sandra Ooms, Patrick Rizzuto, Dick Wetzel, Jean Murphy
Nays: None
Abstain: None
Absent: None
Motion carried to appoint Council Member Sandra Ooms as Council Vice President.

Appointment of Municipal Attorney

Resolution #17-01: Appointment of Municipal Attorney

Council President Murphy asked for a motion to approve Resolution #17-01.
Motion: Dan Kadish
Second: Sandra Ooms

A roll call vote was taken:
Ayes: Dan Kadish, Sandra Ooms, Jean Murphy
Nays: Patrick Rizzuto, Dick Wetzel
Abstain: None
Absent: None
Motion carried to approve Resolution #17-01.

Resolution #17-01: Authorizing the Award of Contract for Professional Services

WHEREAS, there is a need for Professional Services to the Township of Vernon for Attorneys; 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 2017 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 Attorney: Joshua Zielinski, Esq. of Mc Elroy, Deutsch, Mulvaney & Carpenter, LLP

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.

Public Comments

Council President Murphy asked for a motion to open public comments.
Moved: Dan Kadish
Second: Sandra Ooms
All members voted in favor.

Carl Lazzaro, Deputy Director of Sussex County Chosen Freeholders expressed Happy New Year wishes to the council and public and congratulations to the new Council President and Vice President. Mr. Lazzaro asked the Council to consider request to hold a Board of Chosen Freeholders meeting in the first quarter in Vernon. The Board is hoping to have meetings in four different towns in 2017 for increased public access.

Seeing no one more comments from the public, Council President Murphy asked for a motion to close public comments.
Moved: Dan Kadish
Second: Sandra Ooms
All members voted in favor.

Mayor’s Comments

Mayor Shortway commented that the Business Administrator was not present because he is recovering from injuries from a motor vehicle accident on RT 515 last Thursday.

Mayor Shortway presented his annual report to Council and stated a year ago, many Vernon residents made it clear they desired a cultural change within this municipal government. This past year, Mayor Shortway, stated his administration had analyzed the past practices and found a systemic pattern of fiscal, administrative and procedural deficiencies. Vernon residents have been penalized by unfair and unethical actions; not following municipal and state law. For example, there are incidents where the information and resolutions were not presented to this governing body as required by law. This resulted in a lack of financial accountability. Remedies were instituted and resolutions are now generated for Council approval as required. Mayor Shortway stated the following was instituted:

• Chain of Command to define the hierarchy and formal authority relations.
• Work Specialization to outline division of job tasks.
• Span of Control to specify responsibility for employee accountability and employee hierarchy.
• A standard operational procedure manual for employees that encompasses progressive discipline and commendations is being created.

Mayor Shortway added he found problems upon taking office which had not been adequately addressed by previous administration. For example, Ordinance No. 14-12 passed on June 23, 2014 authorizing the issuance of $2,066,000 bonds for improvement of municipally-owned properties and facilities in and by the Township including, without limitation, the Municipal Building by the renovation of the roof, which the repair was not made. Upon learning of the extent of the leaks, Mayor Shortway said his administration contracted for temporary repair and a new roof will be constructed next April.

Mayor Shortway stated that the municipal building has been without a fully charged fire suppression system since at least May 3, 2012 and added that later this week it is anticipated that a contract will be presented to bring public water down Church St. Weather permitting, Mayor Shortway stated the municipal building will be connected to public water and the fire suppression system will be fully charged.

Mayor Shortway remarked that taxpayers are charged for EDUs for this building even though it is not hooked up into the sewer system; connection to the system is scheduled for next spring. Mayor Shortway explained the smoke alarms in the Senior Center have been inoperable since 2013 and added this potentially dangerous situation has been corrected.

Mayor Shortway detailed the construction of the impound garage in 2015 resulted in a cost overrun of $21,824.29, leaving no funds for electricity but Ms. Yetter secured approximately $13,000 to install the electricity and now the garage has service.

Mayor Shortway noted the 2016 Resolution #16-62 declared the gypsy moths a public nuisance and a state contractor sprayed to destroy the insects to save the trees but subsequent inspection found egg masses on 179 acres, which although is a much smaller area, will need to be budgeted in 2017.

Mayor Shortway stated he entered office with 337 municipal tax liens on the books with an additional 46 liens struck to the town in 2016 causing Vernon to look at transferring $595K of 2016 taxes to liens which is over 2 tax points. The school and county taxes are required to be paid even when other businesses or residents fail to pay their tax bills. Ms. Yetter will coordinate the sale of approximately 200 town owned lots to generate revenue by an on-line auction.

Mayor Shortway stated his administration continues to enforce resolutions, ordinances and codes to prevent illegal rentals and added the Council passed an Ordinance Entitled “Illegal Dwellings.” The law provides the municipality the authority to shift the cost of relocating a displaced tenant because of a zoning or code enforcement activity for an illegal occupancy to the owner/landlord. Mayor Shortway added in the near future, Vernon will develop and present legislation to deal with Zombie structures including Legends, the former playboy club which is a blight on this community and unfit to people who reside there. Mayor remarks that the majority owner and the other owners fail to pay their property taxes leaving the burden onto the rest of us taxpayers which will not be tolerated. Legends is within the McAfee redevelopment area and all legal means will be used to unload this burden from our community.

Mayor Shortway stated other structures such as Northwoods which have been deemed a hazard will also be targeted and added taxpayers who take care of their homes should not have to subsidize the costs for other properties that have been foreclosed, abandoned, or otherwise vacated. Redevelopment designation will be achieved for the stagnant town center area and five year PILOTs will be negotiated for new businesses within the Redevelopment areas.

Mayor Shortway commented there were two expired union contracts and the negotiating team, Mr. Voelker, Ms. Kirkman, Ms. Yetter, and union representatives of the UAW successfully settled the UAW contract within the annual 2% cap; and mediation is scheduled for the other contract.

Mayor Shortway stated the Township continues to make progress in disposing thousands of records that are contaminated by dangerous mold or are documents that we are not required to store. Mayor Shortway expressed thanks to Sussex County for eliminating the passing zone between the two ballfields on Vernon Crossing Road for increase public safety.

Mayor Shortway remarked he has resurrected the Beautification, and Recreation Committees and both committees’ efforts make Vernon a better place to live and visit. The Greenway Action Advisory Committee was created and earned their first grant and Vernon Township was awarded Sustainable NJ Bronze Certification.

Mayor Shortway stated the Township secured financing to pave Lake Wallkill and Sammis Roads and these projects were successfully completed by the efforts of our engineer, Mr. Stoner and the DPW. Mayor Shortway added the police department’s radio console has been repaired and upgraded. Mayor Shortway stated in lieu of layoffs, Vernon is decreasing the municipal government personnel through attrition.

Mayor Shortway explained that Ms. Downtain created the 2016 Trails of Vernon Challenge & Photo Contest which was a huge success with dozens of hikers and local businesses participating.

Mayor Shortway stated the members’ terms of the Historical Preservation and Environmental Commissions, and Land Use Board are finally staggered as required by law.

Vernon Township, Mayor Shortway added, he will continue to analyze the Appalachian Trail Boardwalk issue and advocates the construction of a second boardwalk away from resident’s homes and in the town center if grant money is awarded.

Mayor Shortway commented that under Ms. Kirkman’s supervision, an office for this council is now available and noted that Congressman Gottheimer will also have an office in this building so our residents have easy access to the Congressman’s staff who will be present once a week. Mayor Shortway, a Republican and Mr. Gottheimer, a Democrat will show that elected officials from different parties can reach common ground to serve our constituents.

Mayor Shortway explained the sewer dilemma was caused by promised development that never occurred and former administrations were promised that Mountain Creek would develop amenities that required a waste water system that would process an additional 664 EDUs of which to date only 7.5 EDUs are charged. Mayor Shortway stated he will reserve further comment on this issue and address it and the MUA at a later date.

Mayor Shortway feels water is the number one priority for 2017and development must occur where the sewer pipes are located to increase EDUs to stabilize rates, provide jobs and revenue. He added water infrastructure is needed in the sewer service area to attract additional businesses.

Thanks to the efforts of Mr. Michael Furrey, Suez and this Administration, Mayor Shortway stated the Township is negotiating how to complete the water infrastructure for the Town Center with many options being explored. He added a super majority affirmative vote by this council for the necessary bonding will provide the financial means to finally complete this project. With the advice and consent of council I will appoint attorneys from some of the most powerful law firms in the State, a legal team to guide us to re-vitalize Vernon at a savings of several thousand dollars.

Mayor Shortway remarked that the Council voted to allow craft breweries, distilleries and wineries in the C2 and town center zones and in the future, with the land use board’s input similar businesses can be added in agricultural zones to encourage farm to table and farm to bottle entrepreneurship.

Mayor Shortway stated the Township must build a network of pedestrian and bicycle paths that link residential neighborhoods and commercial zones with open space and community facilities that will define Vernon as a true tourist destination and increase revenue and jobs.

Mayor Shortway continued that linkages between existing parks and open space areas will create greenway connections along major stream corridors, the Appalachian Trail, and improve opportunities to access public lands for recreational uses such as hiking, canoeing, fishing, snow shoeing, etc.

Mayor Shortway noted that guests can hike and bike by day, sample locally produced food and adult beverages in the evening and stay overnight in a bed and breakfast or hotel.

Mayor Shortway respectfully requested Mr. Kadish serve on the Historical Preservation Commission to share your institutional knowledge of Vernon.

Mayor Shortway respectfully requested Ms. Ooms to serve on the Land Use Board as your attention to detail will be highly valued.

Mayor Shortway respectfully requested Ms. Murphy to please continue your outstanding work on the Beautification Committee.

Mayor Shortway respectfully requested Mr. Wetzel to consider joining the Economic Development Advisory Committee to explore a railroad shuttle between Vernon and Warwick because of his passion and knowledge.

Mayor Shortway plans to propose an Arts Committee to highlight the fine work of our students and other residents which committee will advise municipal officials on how to best to encourage the growth of the arts in our community for both residents and guests. Mayor Shortway respectfully requested Mr. Rizzuto serve on this committee to explore the viability of a band shell that he so passionately believe in.

Mayor Shortway stated that progress is a choice and Vernon residents have been penalized by decades of political strife. He added that his administration will continue to choose growth and effectiveness and leave political adversity in the past and go forward with due diligence and create opportunities and progress for our community.

Council Member Rizzuto questioned the Land Use Board appointment of Ms. Paladini expiring on December 31, 2016 or is she to continue to serve to December 31, 2017.

Mr. Zielinski responded that the term of Ms. Paladini expires December 31, 2017 and noted based upon his office’s review of records that this is correct term for her. Mr. Zielinski noted she is on the board and her term did not expire at the end of 2016.

Council Member Rizzuto stated when names were drawn at council meeting, Ms. Paladini’s term was determined to be December 31, 2016. Mr. Zielinski re-iterated the terms. Council Member Rizzuto again questioned Ms. Paladini terms. Mr. Zielinski indicated the term was proper.

Resolutions Regarding Business Administrator, Clerk, CFO

Resolution #17-31: 2017 Salary for Non-Union Full Time Employee (Business Administrator)

Council President Murphy asked for a motion to approve Resolutions #17-31.
Moved: Dan Kadish
Second: Sandra Ooms

A roll call vote was taken:
Ayes: Dan Kadish, Sandra Ooms, Patrick Rizzuto, Dick Wetzel, Jean Murphy
Nays: None
Abstain: None
Absent: None
Motion carried to approve Resolution #17-31.

Resolution #17-31: 2017 Salary for Non-Union Full Time Employee (Business Administrator)

WHEREAS, Ordinance #15-20 amended salary ranges for non-union full time and part time employees.

NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of Vernon, County of Sussex, State of New Jersey that the following person be compensated at the annual salary or wage, the same being consistent with Ordinance #15-20 retroactive to January 1, 2017.

Resolution #17-32: Reappointment of the Township Clerk

Council President Murphy asked for a motion to approve Resolutions #17-32.
Moved: Sandra Ooms
Second: Dan Kadish

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

Motion carried to approve Resolution #17-32.

Resolution #17-32: Reappointment of the Township Clerk

WHEREAS, Lauren Kirkman was appointed as Township Clerk for the Township of Vernon effective March 3, 2014 for a term of three (3) years pursuant to N.J.S.A. 40A:9-133; and

WHEREAS, Lauren Kirkman will have served as Township Clerk and performed the duties of the Township Clerk for not less than three (3) consecutive years as of March 3, 2017.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Township of Vernon that Lauren Kirkman is hereby reappointed as Township Clerk for the Township of Vernon effective March 3, 2017 and upon such reappointment shall have acquired tenure and shall hold office during good behavior and efficiency and compliance with the continuing education requirements set forth in N.J.S.A. 40A:9-133.10.

Resolution #17-33: Resolution Authorizing Appointment of a Chief Financial Officer for Vernon Township

Council President Murphy asked for a motion to approve Resolutions #17-33.
Moved: Dan Kadish
Second: Patrick Rizzuto

A roll call vote was taken:
Ayes: Dan Kadish, Sandra Ooms, Patrick Rizzuto, Dick Wetzel, Jean Murphy
Nays: None
Abstain: None
Absent: None
Motion carried to approve Resolution #17-33.

Resolution #17-33: Resolution Authorizing Appointment of a Chief Financial Officer for Vernon Township

WHEREAS, the Township Council shall appoint a Chief Financial Officer, who shall serve as the director of the Department of Finance, in accordance with Article IX, Section 5-46 of the Township Code (Ordinance #11-21);

WHEREAS, Elke D. Yetter was appointed as CFO pursuant to Resolution 13-155;

WHEREAS, although Resolution 13-155 included a term expiration of July 31, 2017, pursuant to N.J.S.A. 40A:9-140.10, a CFO’s term must begin on January 1 in the year she is appointed and expire after four years. Accordingly, when Ms. Yetter was appointed on August 1, 2013, her appointment was for the term that began on January 1, 2013 and ends on December 31, 2016; and

WHEREAS, Mayor Shortway wishes to re-appoint Ms. Yetter as chief financial officer with the advice and consent of the Township Council; and

WHEREAS, the Township Council has determined that Ms. Yetter has performed exceptionally in her capacity as chief financial officer and has determined to reappoint Ms. Yetter in accordance with all applicable ordinances and statutes.

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. Elke D. Yetter is hereby re-appointed as Chief Financial Officer of the Township by the Mayor with the advice and consent of the Township Council.
2. Pursuant to N.J.S.A. 40A:9-140.8, “any person who has served as the chief financial officer of a municipality for four consecutive years and who is reappointed as that municipality’s chief financial officer shall be granted tenure of office upon filing with the clerk of the municipality and with the Division of Local Government Services in the Department of Community Affairs a notification evidencing his compliance with this section.”
3. Ms. Yetter shall receive annual compensation as set forth in the Township municipal salary ordinance, and shall bond for the faithful performance of her duties, the bond to be paid for by the Township.
4. Ms. Yetter shall perform and discharge all of the functions, powers and duties prescribed for the Chief Financial Officer in the Township Code and other applicable laws.

Consent Agenda

Council President Murphy gave a brief explanation of Resolutions 17-02 through 17-28.

Council Member Rizzuto requested to remove Resolutions #17-14, #17-15 & #17-28 from the consent agenda.
Motion: Patrick Rizzuto
Second: Sandra Ooms
All members voted in favor.

Council President Murphy asked for a motion to approve Resolutions #17-02 through #17-13 and #17-16 through #17-27.
Moved: Sandra Ooms
Second: Dan Kadish

A roll call vote was taken:
Ayes: Dan Kadish, Sandra Ooms, Patrick Rizzuto, Dick Wetzel, Jean Murphy
Nays: None
Abstain: None
Absent: None
Motion carried to approve Resolutions #17-02 through #17-13 and #17-16 through #17-27.

Resolution #17-02: Designation of Official Newspaper for 2017

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 Star Ledger, and the Advertiser News and 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 2017 Calendar Year and will receive all Notices of meetings of the Township Council as required by the Open Public Meetings Act, and The Star Ledger, and The Advertiser News, will be designated as alternate newspapers of the Township of Vernon.

This resolution shall take effect immediately.

Resolution #17-03: Designating Meeting Dates of the Township Council for the 2017 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 pm (if there is an Executive Session), or at 7:30 pm (if there is no Executive Session) at the Vernon Municipal Center, 21 Church Street, Vernon, New Jersey for the following:

Meeting Dates

January 2 (Re-organization), 9 and 23
February 16* and 27
March 13 and 27
April 10 and 24
May 8 and 22
June 12 and 26
July 10 and 24
August 14 and 28
September 11 and 25
October 12* and 23
November 13 and 27
December 11 and 28*
January 1, 2018 Re-organization * (time - noon)

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 pm in order to discuss those matters in executive session from which the public shall be excluded and at 7:30 pm, 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, and The Star Ledger and shall be posted on the bulletin board in the Municipal Building.

Resolution #17-04: Resolution to Adopt a Cash Management Plan - 2017

BE IT RESOLVED by the Township Council of the Township of Vernon, County of Sussex, that for the year 2017, 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 #17-05: Reauthorizing Petty Cash Funds for Calendar Year 2017

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 2017 as follows:

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 #17-06: 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. A Year End Penalty of 6% is hereby assessed on delinquent tax accounts in excess of the sum of $10,000.00 if a taxpayer shall fail to make payment in full on the delinquent amount prior to the end of the calendar year in which such taxes shall have accrued and been assessed.
6. That the Chief Financial Officer of the Township of Vernon is hereby authorized to make investments for the Township of Vernon.

Resolution #17-07: 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(for 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(for 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 (for 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 #17-08: 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 2017;

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 2017; 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 #17-09: 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 #17-10: 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 #17-11: 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, 2017 for a term of one year pursuant to N.J.S.A. 40A:14-146.14:

Special Police Officers (Class 2)

Michael Burns
Sean Talt
Scott Waleck
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 #17-12: Authorizing a Contract with Municipal Software, Inc. to Maintain the Township’s Accounting Software for 2017

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., 125 Stokes Avenue, Stroudsburg, PA 18360; 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 2017 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 #17-13: 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 2017; 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 #17-16: 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 (Charles Voelker) is hereby appointed as the Fund Commissioner for the Local Unit for the calendar year 2017; and

BE IT FURTHER RESOLVED that Elke Yetter is hereby appointed as the Alternate Fund Commissioner for the Local Unit for the calendar year 2017; 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 #17-17: Authorizing a Memorandum of Agreement with Signature Information Solutions for “Inquiry Only” Access to Certain Tax Collectors Tax and/or Utility Records Via Edmunds and Associates

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 Edmunds and Associates of Northfield, 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 Edmunds and Associates 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 Edmunds and Associates’ policies and procedures.
3. Signature Information Solutions waives any claim that it may have against Vernon Township in connection with Edmunds and Associates 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 #17-18: Authorizing a Memorandum of Agreement with Accurate Abstracts for “Inquiry Only” Access to Certain Tax Collectors Tax and/or Utility Records Via Edmunds and Associates

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 Edmunds and Associate of Northfield, 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 Edmunds and Associates 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 Edmunds and Associates policies and procedures.
3. Accurate Abstracts waives any claim that it may have against Vernon Township in connection with Edmunds and Associates 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 #17-19: Authorizing a Memorandum of Agreement with Valtech Research for “Inquiry Only” Access to Certain Tax Collectors Tax and/or Utility Records Via Edmunds and Associates

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 Edmunds and Associates of Northfield, 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 Edmunds and Associates 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 Edmunds and Associates policies and procedures.
3. Valtech Research waives any claim that it may have against Vernon Township in connection with Edmunds and Associates 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 #17-20: 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 Edmunds and Associates of Northfield, 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 Edmunds and Associates 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 Edmunds and Associates policies and procedures.
3. Action Title Research waives any claim that it may have against Vernon Township in connection with Edmunds and Associates 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 #17-21: Authorizing a Memorandum of Agreement with Priority Search Services, LLC for “Inquiry Only” Access to Certain Tax Collectors Tax and/or Utility Records Via Edmunds and Associates

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 Edmunds and Associates 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 Edmunds and Associates 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 Edmunds and Associates policies and procedures.
3. Priority Search Services, LLC waives any claim that it may have against Vernon Township in connection with Edmunds and Associates 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 #17-22: Authorizing Stipend for 2017 Transcription Services in the Amount Not to Exceed $3,000.00

WHEREAS, there exists a need for transcription services to assist in the transcription of the Council Meetings for the year 2017; and

WHEREAS, Vernon Township desires to have Irene Mills provide transcription services for the term of January 1, 2017 - December 31, 2017 with an annual stipend not to exceed $3,000.00 annually; and

WHEREAS, Ms. Mills will be paid $75.00 per meeting providing said meeting does not exceed 2 hours and $125 per meeting providing said meeting does not exceed 4 hours; and

WHEREAS, the Chief Financial Officer has certified that funds are available for this purpose subject to the adoption of the 2017 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 pay a stipend for 2017 transcription services for transcription of Council Meetings to Irene Mills as outlined above.

Resolution #17-23: Authorizing Appointment of 2017 Recording Secretary for the Land Use Board in the Amount Not to Exceed $2,000.00

WHEREAS, there exists a need for a Recording Secretary for the Township’s Land Use Board for the year 2017; and

WHEREAS, Irene Mills is the Township’s current contractor for this service and desires to continue in this capacity; and

WHEREAS, Vernon Township desires to have Irene Mills provide transcription services for the term of January 1, 2017 - December 31, 2017 with an annual stipend 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 2017 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 pay a stipend to Irene Mills for 2017 Recording Secretary for the Township’s Land Use Board.

Resolution #17-24: Authorizing a Contract with Munidex to Maintain the Township’s Vital Statistic Software for 2017

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

WHEREAS, MUNIDEX, Inc. supplied the original vital statistic 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 vital statistic software to Munidex, Inc., 174 Route 17 North, Rochelle Park, NJ 07662; and

WHEREAS, the cost for this annual maintenance contract is $608.00 and there may be additional charges if on-site maintenance service is required and the Chief Financial Officer of the Township of Vernon, has certified these funds are available in account #10570438.

NOW THEREFORE BE IT RESOLVED, by the Township Council of the Township of Vernon, that the Mayor and Municipal Clerk are authorized to sign and accept the Software Maintenance Agreement for the year 2017 to maintain the Township’s vital statistic software in an amount of $608.00; and

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

Resolution #17-25: Authorizing Professional Services Contract with Edmunds and Associates in the Amount Not to Exceed $3,405.00

WHEREAS, there exists a need for professional services for the Township of Vernon for the purpose of computer software for tax collection and internet access including tax billing and customer support; and

WHEREAS, the Township as determined that Edmunds and Associates, the Township’s current contractor providing these services, is qualified to continue providing the Township with such services; and

WHEREAS, the Chief Financial Officer has certified that funds are available for this purpose subject to the adoption of the 2017 Municipal Budget; and

WHEREAS, the Local Public Contracts Law (N.J.S.A. 40 A:11-1, et.seq.) requires that the resolution authorizing these “Professional Services” without competitive bids must be publicly advertised; and

WHEREAS, Vernon desires to appoint Edmunds and Associates pursuant to a contract under the provisions of N.J.S.A. 19:44A-20.4 and/or N.J.S.A. 19:44A-20.5; and

WHEREAS, the Chief Financial Officer has certified that the value of the contract will not exceed $3,405.00; and

WHEREAS, the term of the contract will be from January 1, 2017 through December 31, 2017, with a total contract price not to exceed $3,405.00; and

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 Edmunds and Associates for the purpose of Computer Services for Tax Collection and internet access; and
2. The Mayor and Township Clerk are hereby authorized and directed to execute a Professional Services Contract with Edmunds and Associates in an amount not to exceed $3,405.00.

This Professional Services Contract is awarded without competitive bidding (1) as a “Professional Service” under the provisions of the Local Public Contracts Law and/or (2) for the provision or performance of goods or services for the support or maintenance of proprietary computer hardware and software.

A copy of this Resolution shall be published in the New Jersey Herald by the Township Clerk required by law within ten (10) days of its passage and a true copy of same and the Professional Services Contract shall be available for inspection in the office of the Township Clerk.

Resolution #17-26: 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, 2017 through December 31, 2017; 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 2017 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, 2017 through December 31, 2017 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.

Resolution #17-27: Continuation of the Beautification Committee

WHEREAS, the Council of Vernon Township established a Beautification Committee via resolution 16-66 on February 8, 2016; and

WHEREAS, the Council of Vernon Township wishes to continue the Beautification Committee consisting of seven to nine members to be appointed by the Mayor.

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

1. The Beautification Committee established via Resolution No. 16-66 on February 8, 2016 is hereby continued.

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

a. Chairperson of the Beautification Committee

Resolution #17-14: Authorizing Award of Contract for Offsite Fuel between the Township of Vernon and Bob Baldwin Transportation, Inc.

Mr. Zielinski explained to Council that the bid proposal received by Baldwin Fuel contains an exception and the Council can either accept the contract with the exception, amend the resolution without the exception or reject the bid entirely.

Council President Murphy asked for a motion to approve Resolution #17-14 with the exception.
Motion: Dan Kadish
Second: Patrick Rizzuto

A roll call vote was taken:
Ayes: Dan Kadish, Sandra Ooms, Patrick Rizzuto, Dick Wetzel, Jean Murphy
Nays: None
Abstain: None
Absent: None
Motion carried to approve Resolution #17-14.

Resolution #17-14: Authorizing Award of Contract for Offsite Fuel between the Township of Vernon and Bob Baldwin Transportation, Inc.

WHEREAS, the Municipal Clerk and the Purchasing Agent accepted bids for Off-Site Motor Fuel on December 28, 2016 at 10:00 a.m.; and

WHEREAS, one bid was received; and

WHEREAS, the Township Attorney and the Purchasing Agent have reviewed the bid submitted and have recommended the bid be awarded to Bob Baldwin Transportation, Inc. t/a Baldwin Fuel Oil, 5 Omega Drive, Vernon, NJ 07462.

NOW THEREFORE BE IT RESOLVED, that the Township Council of the Township of Vernon hereby awards the bid for “Off-Site Motor Fuel” to Bob Baldwin Transportation, Inc. for a total amount not to exceed $215,000.00; and

BE IT FURTHER RESOLVED, that the Chief Financial Officer has certified the availability of funds subject to the adoption of the 2017 Municipal Budget; and

BE IT FURTHER RESOLVED, that a certified copy of this Resolution be forwarded to the bidder along with the bid bond.

This Resolution shall take effect immediately.

Resolution #17-15: Resolution Appointing Risk Management Consultant

Council Member Rizzuto expresses his disapproval with choice of Risk Management Consultant.

Council President Murphy asked for a motion to approve Resolution #17-15.
Motion: Dan Kadish
Second: Sandra Ooms

A roll call vote was taken:
Ayes: Dan Kadish, Sandra Ooms, Dick Wetzel, Jean Murphy
Nays: Patrick Rizzuto
Abstain: None
Absent: None
Motion carried to approve Resolution #17-15.

Resolution #17-15: 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.
2. 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 2017.

Resolution #17-28: Continuation of the Greenway Action Advisory Committee

Council Member Rizzuto expresses his disapproval with choice of members.

Council President Murphy asked for a motion to approve Resolution #17-28.
Motion: Dan Kadish
Second: Sandra Ooms

A roll call vote was taken:
Ayes: Dan Kadish, Sandra Ooms, Dick Wetzel, Jean Murphy
Nays: Patrick Rizzuto
Abstain: None
Absent: None
Motion carried to approve Resolution #17-28.

Resolution #17-28: Continuation of the Greenway Action Advisory Committee

WHEREAS, the Council of the Township of Vernon established a Greenway Action Advisory Committee via resolution 16-42 on January 11, 2016 and;

WHEREAS, it is the desire of the Mayor and Council to continue the Greenway Action Advisory Committee.

NOW THEREFORE, BE IT RESOLVED, By The Council Of The Township Of Vernon, County Of Sussex, And State Of New Jersey, that the Greenway Action Advisory Committee is continued; and

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

a. Chairperson of the Greenway Action Advisory Committee

Resolutions Requiring Separate Action

Resolution #17-29: Adoption of 2017 Temporary Municipal Budget

Council President Murphy asked for a motion to approve Resolution #17-29.
Motion: Dan Kadish
Seconded: Sandra Ooms

A roll call vote was taken:
Ayes: Dan Kadish, Sandra Ooms, Patrick Rizzuto, Dick Wetzel, Jean Murphy
Nays: None
Abstain: None
Absent: None
Motion carried to approve Resolution #17-29.

Resolution #17-29: Adoption of 2017 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 2016 Annual Budget, exclusive of any appropriations for debt service, capital improvements, public assistance, and pension benefits was $21,058,006.00; and

WHEREAS, up to 26.25% of total appropriations for the 2016 Annual Budget, exclusive of any appropriations for debt service, capital improvements, public assistance, and pension benefits is $4,508,434.00 for a total of $9,036,697.00.

NOW, THEREFORE BE IT RESOLVED by the Council of the Township of Vernon that the attached Schedule ’A’ entitled “2017 Temporary Budget” 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.

Resolution #17-30: Authorizing the Renewal of Contract for Maintaining Township Website

Council President Murphy asked for a motion to approve Resolution #17-30.
Motion: Sandra Ooms
Seconded: Dan Kadish

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

Motion carried to approve Resolution #17-30. Council Member Kadish asked if the Mayor’s comments could be posted on the Town Website. Mayor Shortway responded affirmatively.

Resolution #17-30: 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, 2017, to December 31, 2017; 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 2017 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.

Resolution #17-34: Authorizing the Award of Contract for Professional Services

Council Member Ooms asked if the amount certified in the resolution is the amount put in the planned budget which Ms. Yetter answered yes that amount will be subject to the budget approval.

A motion was made to separate the contracts for Labor Attorney and Water Operator out of Resolution #17-34.
Moved: Patrick Rizzuto
Seconded: Dan Kadish
All members voted in favor.

Council President Murphy asked for motion to approve Resolution #17-34 with exception of Labor Attorney and Water Operator.
Motion: Dan Kadish
Seconded: Sandra Ooms

A roll call vote was taken:
Ayes: Dan Kadish, Sandra Ooms, Patrick Rizzuto, Dick Wetzel, Jean Murphy
Nays: None
Abstain: None
Absent: None
Motion carried to approve Resolution #17-34 with exception of Labor Attorney and Water Operator.

Council President Murphy asked for a motion to approve Labor Attorney Contract separately.
Motion: Dan Kadish
Seconded: Sandra Ooms

A roll call vote was taken:
Ayes: Dan Kadish, Sandra Ooms, Jean Murphy
Nays: Patrick Rizzuto, Dick Wetzel
Abstain: None
Absent: None
Motion carried to approve Labor Attorney Contract.

Council President Murphy asked for a motion to approve Water Operator Contract separately.
Motion: Dan Kadish
Seconded: Sandra Ooms

A roll call vote was taken:
Ayes: Dan Kadish, Sandra Ooms, Dick Wetzel, Jean Murphy
Nays: Patrick Rizzuto
Abstain: None
Absent: None
Motion carried to approve Water Operator Contract.

Resolution #17-34: 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 and Water Operator, 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 2017 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. Special Township Attorney: Conflicts—Doug Steinhardt, Esq. of Florio Perrucci Steinhardt & Fader
2. Township Labor Attorney—Gina Mendola, Esq. of Gina Mendola Longarzo, LLC
3. Township Auditor—William Schroeder of the firm Nisivoccia & Company, LLP
4. Township Bond Counsel—Robert Beinfield, Esq. of the firm Hawkins Delafield & Wood, LLP
5. Municipal Prosecutor—Alicia Ferrante, Esq.
6. Public Defender—James Sloan, Esq.
7. Township Engineer—Cory Stoner of Harold E. Pellow & Associates
8. Township Planner—Jessica Caldwell of J. Caldwell and Associates
9. Township Water Operator—Agra Environmental and Laboratory 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.; 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.

Resolution #17-35: Authorizing the Award of Contract For Professional Services For Township Special Attorney Tax Appeal

Council President Murphy asked for motion to approve Resolution #17-35.
Motion: Dan Kadish
Seconded: Patrick Rizzuto

A roll call vote was taken:
Ayes: Dan Kadish, Sandra Ooms, Patrick Rizzuto, Dick Wetzel, Jean Murphy
Nays: None
Abstain: None
Absent: None
Motion carried to approve Resolution #17-35.

Resolution #17-35: Authorizing the Award of Contract for Professional Services for Township Special Attorney

WHEREAS, there is a need for Special Legal Services including Tax Appeals for the year 2017 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 2017 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.; 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 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 Appointments to Land Use Board

Appointments to the Land Use Board

Council Member (By Nomination of the Council) 1-year term expiring 12/31/2017

Council President Murphy asked for a motion to appoint a council member to the Land Use Board.
A motion was made to nominate Council Member Ooms
Motion: Dan Kadish
Seconded: Jean Murphy

A roll call vote was taken:
Ayes: Dan Kadish, Sandra Ooms, Patrick Rizzuto, Dick Wetzel, Jean Murphy
Nays: None
Abstain: None
Absent: None
Motion carried to appoint Sandra Ooms to the Land Use Board.

Appointments

Mayor Shortway read the following appointments to the various volunteer organizations:

Fire Chiefs

1. Vernon Fire Department
   • Chief Mike Taylor
   • Asst. Chief Ron Krystofik
2. McAfee Fire Department
   • Chief Ken Clark
   • Asst. Chief Mike Casbarro
3. Highland Lakes Fire Department
   • Chief Chris Herring
   • Asst. Chief Tom Ferry
4. Pochuck Valley Fire Department
   • Chief to Be Announced
   • Deputy Chief to Be Announced

Vernon Township Ambulance Squad 2017 Officers

Chief: Roger Kirchner
Asst Chief: Amy Wengenroth
Mountain Ltn: Peggy Warnett
Valley Ltn: Alyse Watson
President: Mike Emmerich
Vice President: Carol Monzo
Treasurer: Andrea Cocula
Secretary: Peggy Warnett

Special Police Officer Appointments

Larry Pettigano
Kurt Reinhardt
Michael Sauer
James Vette
Douglas Vince

Emergency Management Coordinator

Ken Clark

Council Comments

Council Member Kadish wishes the public a Happy New Year.

Council Member Wetzel wishes public and Happy New Year and hopes the Township and Council can work together to accomplish more than 2016.

Council Member Ooms thanked all volunteers for their services and Dan Kadish for his service as Council President. Ms. Ooms asked if the website can be updated to include all bills lists and if capital projects expenditures also be included. Ms. Ooms asked that the council add discussion at 1st reading of Ordinances to be more beneficial. Mr. Zielinski added if Council President would like to add discussion on the agenda for 1st reading of Ordinances, it can be done.

Council Member Rizzuto wished the public a Happy New Year and congratulated the Vernon High School Hockey Team for winning the Sussex Cup; noting this was the last sporting event for retiring Vernon High School Athletic Director William Edelman.

Council President Murphy wished the public a Happy New Year and looked forward to working with everyone in 2017.

Adjournment

There being no further items of business to be conducted on the agenda, a motion for Adjournment was made by Council Member Rizzuto, seconded by Council Member Ooms with all members voting in favor.

The Regular Meeting of the Township Council of the Township of Vernon was adjourned at 8:21 p.m.

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

Minutes approved: February 27, 2017