Minutes: July 11, 2011

The Regular Meeting of the Township Council of the Township of Vernon was convened at 6:30 p.m. on Monday, July 11, 2011 in the Vernon Township Municipal Building, 21 Church Street, Vernon, New Jersey, with Council President Brian Lynch presiding.

Statement of Compliance

Adequate notice of this meeting had been provided to the public and the press on July 8, 2011, and was posted on the bulletin board in the Municipal Building in accordance with the Open Public Meetings Act, N.J.S.A. 10:4-6.

Roll Call of Members

Present were Council Members Daniel Kadish, Patrick Rizzuto, Dick Wetzel, and Council President Brian Lynch. Also present were Mayor Vic Marotta, Business Administrator Jerry Giaimis, and Township Attorney Kevin Kelly. Council Member Eddie Dunn was absent.

Resolution to Go into Executive Session

At 6:31 p.m., Council President Lynch asked for a motion to go into Executive Session. Council Member Wetzel made a motion to close the meeting to the public and enter into executive session. Motion seconded by Council Member Kadish with all members present voting in favor.

The Municipal Clerk read the following resolution to go into executive session:

WHEREAS, Section 8 of the Open Public Meetings Act, N.J.S.A. 10:4-6 permits the exclusion of the public in certain circumstances; and

WHEREAS, this public body is of the opinion that such circumstances presently exist.

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

1. The public shall be excluded from discussion of and action upon the hereinafter specified subject matter.
2. The general nature of the subject matters to be discussed are:
   1. Separation Agreements
   2. Mayor & Council Salaries
   3. Ameripay
3. It is anticipated that the above-stated subject matter will be made available upon final decision.
4. This resolution shall take effect immediately.

Mr. Kelly noted that Ameripay was added to the agenda due to time constraints.

The Township Council entered into Executive Session at 6:32 p.m.

Council Member Kadish moved to return to Open Session. Council Member Rizzuto made the second. All Council Members present were in agreement. The meeting was reopened to the public at 7:34 p.m. Present were Council Members Kadish, Rizzuto, Wetzel and Council President Lynch. Council Member Dunn was absent.

Salute to the Flag

Council President Lynch asked the Vietnam Veterans to lead the assemblage in the salute to the flag.

The Council President asked for a moment of silence for the passing of Council Member Dunn’s mother.

Separation Agreements

Separation Agreement for Pat Seger

Council President Lynch asked for a motion to approve the Separation Agreement for Pat Seger.

Moved: Patrick Rizzuto
Seconded: Daniel Kadish

A roll call vote was taken:
Ayes: Daniel Kadish, Patrick Rizzuto, Dick Wetzel, Brian Lynch
Nays: None
Abstain:
The Separation Agreement for Pat Seger was approved.

Separation Agreement for Dennis Kirwan

Council President Lynch asked for a motion to approve the Separation Agreement for Dennis Kirwan.

Moved: Daniel Kadish
Seconded: Dick Wetzel

A roll call vote was taken:
Ayes: Daniel Kadish, Patrick Rizzuto, Dick Wetzel, Brian Lynch
Nays: None
Abstain:
The Separation Agreement for Dennis Kirwan was approved.

Public Comments

Mr. Kelly noted that holding the public comments session at this time was a departure from the order of the meeting listed on the agenda. Council Member Kadish asked for another public comments session later in the meeting. Council President Lynch opened the meeting for public comment.

Jessi Paladini—welcomed Mr. Kelly. She explained about a critical matter that happened to her family on a recent Friday—there was a bat in her son’s home. She advised that she was planning to write a letter to commend Tom Maellero, Animal Control Officer, for his quick action in the matter. She noted that he took the bat directly to Trenton so that it could be tested immediately for rabies (which turned out negative) to save time and worry for the family, adding that they had contacted the County but they were not helpful.

Harold MacPeek—congratulated the new Council and Mayor.

Mary Ellen Vichiconti—congratulated the new Mayor and Council, and wished Mr. Kelly luck. She noted the presence of the Vietnam Veterans this evening. Asked the current Council to send a letter of support for the Veterans’ efforts with establishing a Sussex County Veterans cemetery. Mr. Lynch noted that the previous Council had passed a Resolution in support of the proposed project.

Valerie Seufert—congratulated the new Council and Mayor. She thanked them for their service and pledged her support in any way possible.

Gary Martinsen—congratulated everyone. He extended his condolences to the Dunn family. He read some historic quotes that he felt were relevant for the new Council.

Seeing no one else from the public wishing to speak, Council President Lynch closed the public portion of the meeting. He thanked the Vietnam Veterans for their flag ceremony.

Mayoral Appointments—Department Heads

Mayor Marotta nominated Melissa Mancuso-Wiedbrauk as the Director of Recreation & Community Development.

Moved: Patrick Rizzuto
Seconded: Brian Lynch

Ayes: Daniel Kadish, Patrick Rizzuto, Dick Wetzel, Brian Lynch
Nays: None
Abstain:
The appointment of Ms. Mancuso-Wiedbrauk was approved.

Mayor Marotta nominated Lynne Schweighardt as the Tax Assessor. He noted her professionalism in previously serving the Township.

Moved: Daniel Kadish
Seconded: Dick Wetzel

Ayes: Daniel Kadish, Patrick Rizzuto, Dick Wetzel, Brian Lynch
Nays: None
Abstain:
The appointment of Ms. Schweighardt was approved.

Consent Agenda

Resolutions #11-127 through #11-144

Motion to remove #11-129, 11-130, 11-131, and 11-140, and approve all others from the Consent Agenda.
Moved: Daniel Kadish
Seconded: Patrick Rizzuto

Ayes: Daniel Kadish, Patrick Rizzuto, Dick Wetzel, Brian Lynch
Nays: None
Abstain:
Consent Agenda items #11-127, 11-128, 11-132, 11-133, 11-134, 11-135, 11-136, 11-137, 11-138, 11-139, 11-141, 11-142, 11-143, and 11-144 were adopted.

Resolution # 11-127: Authorizing the Approval of Bills List

BE IT RESOLVED that the following bills listed are hereby approved:

Resolution #11-128: Renewal of Liquor License for Legends Liquors Inc. for the Term 2011 - 2012

WHEREAS, pursuant to Title 33 of the New Jersey Statutes all liquor licenses to dispense alcoholic beverages must be renewed and reissued no later than July 1, 2011; and

WHEREAS, the State of New Jersey allows governing bodies to accept and act upon renewal applications and fees filed with the Township Clerk on or before July 30, 2011; and

WHEREAS, pursuant to Title 33:1, the Police Chief has made the necessary inspections and reported same to the Township Clerk; and

WHEREAS, the Tax Clearance Certificate was received from the New Jersey Division of Taxation’s Alcoholic Beverage Control Commission Licensing Unit prior to the July 1, 2011 renewal for the 2011 - 2012 license term.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Vernon that Legends Liquors, Inc., Plenary Retail Consumption License #1922-33-006-010, shall be reissued for the 2011 - 2012 licensing period effective as of July 1, 2011.

Resolution #11-132: Authorizing the Award of Contract for Professional Services for Township Attorney

WHEREAS, there is a need for General Legal Services for the year 2011 for position of Municipal Attorney 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 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 Kevin D. Kelly, Esq. of the law offices of Kelly & Ward, LLC, 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.; 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 2011 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 Kevin D. Kelly, Esq. of the law offices of Kelly & Ward, 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 Contracts for Professional Services.

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

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

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

Resolution #11-133: Authorizing the Award of Contract for Professional Services for Township Special Attorney

WHEREAS, there is a need for Special Legal Services including Labor Counsel, Utility Issues, Tax Appeals/Foreclosures and Conflict Issues for the year 2011 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 John E. Ursin, Esq. and Richard Wenner, Esq. of the law offices of Courter, Kobert & Cohen, 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.; 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 2011 Municipal Budget; andv

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 John E. Ursin, Esq. and Richard Wenner, Esq., from 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 Contracts for Professional Services.

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

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

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

Resolution #11-134: Resolution 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 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 award a contract to Eric A. Wood, Esq., Newton, NJ, 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 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 Professional Services to Eric A. Wood, Esq., Newton, NJ, 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 Public Defender Legal Services in accordance with the attached contract.

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.

Resolution #11-135: 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 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 award a contract to Richard D. Pompelio, Esq., Sparta New Jersey, 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 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 Richard D. Pompelio, Esq., Sparta New Jersey, 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 Municipal Prosecutor 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.

Resolution #11-136: 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 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 renew the current agreement with Francis “Bud” Jones of the firm Nisivoccia & Company, LLC for Municipal Auditing Services 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 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 2011 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.

Resolution #11-137: 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 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 renew the current agreement with Robert Beinfield, Esq. of the firm Hawkins Delafield & Wood LLP, 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 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 2011 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.

Resolution #11-138: Authorizing the Mayor to Execute an Employment Contract with Gerald J. Giaimis, Business Administrator

WHEREAS, the Mayor and Township Council appointed Gerald J. Giaimis as Business Administrator for the Township of Vernon at the Reorganization meeting of July 1, 2011; and

WHEREAS, the Township of Vernon and the employee, Gerald J. Giaimis wishes to memorialize the appointment by execution of an employment agreement.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Vernon, County of Sussex, and State of New Jersey that the Mayor is hereby authorized to execute an employment agreement with Gerald J. Giaimis with the Township of Vernon in accordance with the mutual terms and conditions of the attached employment agreement.

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

Resolution #11-139: A Resolution Appointing Health Insurance Broker

WHEREAS, there exists a need for the services of an Health Insurance Broker for the Township of Vernon; and

WHEREAS, RHM Benefits has indicated a desire to be the Township’s Broker of Record for all health insurance coverages; and

WHEREAS, RHM Benefits submitted a proposal dated June 28, 2011 of the services RHM Benefits would perform for the Township of Vernon; and

WHEREAS, the Health Insurance Broker of Record will be the sole representative for the Township of Vernon;

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

1. The Township of Vernon hereby appoints RHM Benefits as its Health Insurance Broker of Record.
2. The Mayor of the Township of Vernon and Health Insurance Broker are hereby authorized to execute Broker of Record Designation Letters to each of the Health Insurance Carriers, (Horizon, Delta Dental, Vision Service Plan and The Standard).

Resolution #11-141: Authorizing the Award of Contract for Professional Engineering Services for the Township of Vernon

WHEREAS, there is a need for Professional Engineering Services for 2011 in 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 licensed to practice a recognized profession; and

WHEREAS, the Township of Vernon is desirous to renew the current agreement with Harold E. Pellow & Associates located at 17 Plains Road, Augusta, New Jersey, 07822 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 that funds are available for this purpose subject to the adoption of the 2011 Municipal Budget; and

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 Harold E. Pellow & Associates located at 17 Plains Road, Augusta, New Jersey, 07822, 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 Township Engineering Services in accordance to 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,
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.

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.

Resolution #11-142: Authorizing the Award of Contract for Professional Planning Services for the Township of Vernon

WHEREAS, there is a need for Professional Planning Services for 2011 in 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 licensed to practice a recognized profession; and

WHEREAS, the Township of Vernon is desirous to renew the current agreement with Harold E. Pellow & Associates located at 17 Plains Road, Augusta, New Jersey, 07822 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 that funds are available for this purpose subject to the adoption of the 2011 Municipal Budget; and

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 Harold E. Pellow & Associates located at 17 Plains Road, Augusta, New Jersey, 07822, 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 Township Engineering Services in accordance to 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,
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.

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.

Resolution #11-143: Authorizing Extension of Contract to Wired Up, LLC for Township Computer Technician Services for Remainder of 2011 in the Amount Not to Exceed $10,800.00

WHEREAS, the Township of Vernon presently has a need for computer technician services within the Township of Vernon for the remainder of 2011; and

WHEREAS, the Township is desirous of extending the existing professional services contract to Wired Up, LLC for computer technician services within the Township of Vernon through December 31, 2011; and

WHEREAS, the Chief Financial Officer has certified as to the availability of funds for said award of contract in the amount not to exceed $10,800.00.

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

1. The Township Council hereby awards an extension of the contract to Wired Up, LLC to commence on July 1, 2011 and expire on December 31, 2011, based upon the same terms and conditions of the existing contract with the Township.
2. The Mayor and Municipal Clerk are hereby authorized and directed to execute any documents necessary to effectuate said contract with Wired Up, LLC.
3. This Resolution and any additional documents setting forth the terms and conditions of said contract shall be made available for public inspection in the office of the Municipal Clerk.

Resolution #11-144: Providing for the Organization and Administration of the Municipal Government of the Township of Vernon

WHEREAS, effective July 1, 2011, the Township of Vernon is governed by the “Mayor - Council Plan” of the Optional Municipal Charter Law (N.J.S.A. 40:69A-1 et.seq.) together with Articles 2 and 17 (N.J.S.A. 40:69A-26 to 40:69A-30 and 40:69A-150 to 40:69A-210); and

WHEREAS, N.J.S.A. 40:69A-206 provides that all ordinances and resolutions of the municipality to the extent that they are not inconsistent with the provisions of these statutes shall remain in full force and effect until modified or repealed as provided by law.

NOW, THEREFORE, BE IT RESOLVED, by the Council of the Township of Vernon that all ordinances and resolutions of the municipality to the extent that they are not inconsistent with the provisions of these statutes shall remain in full force and effect.

Motion to approve Resolutions #11-129, 11-130, and 11-131
Moved: Daniel Kadish
Seconded: Patrick Rizzuto

A roll call vote was taken:
Ayes: Daniel Kadish, Patrick Rizzuto, Dick Wetzel
Nays: None
Abstain: Brian Lynch
Resolutions #11-129, 11-130, and 11-131 were adopted.

Resolution #11-129: Authorizing the Award of Contract for Professional Consultant Services for Specifications for Emergency Vehicle Purchases

WHEREAS, there is a need for Professional Consultant Services to design a comprehensive performance based specification for the purchase of a Tanker and Emergency Response vehicle 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, the Township of Vernon has received a proposal, dated July 6, 2011, from Commercial Vehicle Consultants, 144 Overlook Ave, Staten Island NY which includes a preliminary meeting with the Fire company representatives, development of a complete specification, assistance with vendor solicitations, a pre-bid meeting with interested vendors, assistance with a recommendation of contract award and a Plans/Pre-build meeting with the winning contractor; and

WHEREAS, the Chief Finance Officer has certified that funds are available for this purpose in the amount not to exceed $5,500.00.

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 Commercial Vehicle Consultants, 144 Overlook Ave, Staten Island NY, to provide Township Consultant Services in accordance to the attached Contract for Professional Services.

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.

Resolution #11-130: Authorizing the Use of Morris County Co-Op Contract #40 to Purchase Jaws of Life and Accessories to be Used By the McAfee Fire Department

WHEREAS, the Township of Vernon and the McAfee Fire Department has a need to purchase Jaws of Life with Accessories to be used by the volunteer McAfee Fire Department for firefighting purposes; and

WHEREAS, Vernon Township desires to use the Morris County Cooperative Council which has publicly received bids for said equipment through Contract #40 Item #104; and

WHEREAS, the Purchasing Agent recommends the Township Council award the contract for the Jaws of Life with Accessories as per the attached price quote using the vendor Firefighter One, 26 Gail Court Suite #1, Sparta, NJ; and

WHEREAS, the total cost for the purchase Jaws of Life with Accessories will be $68,211.49 and the Chief Financial Officer of the Township of Vernon, has certified these funds are available per Ordinance #11-08.

NOW THEREFORE BE IT RESOLVED, by the Township Council of the Township of Vernon, that the vendor, Firefighter One, be utilized to purchase a Jaws of Life with Accessories, through the Morris County Co-Op, in accordance with the attached estimates in the amount not to exceed $68,211.49

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

Resolution #11-131: Authorizing the Use of New Jersey State Contract #76364 to Purchase MSA Breathing Apparatus to be Used by McAfee Fire Department

WHEREAS, the Township of Vernon and the McAfee Fire Department has a need to purchase eight (8) MSA Breathing Apparatus to be used by the volunteer McAfee Fire Department for firefighting purposes; and

WHEREAS, Vernon Township desires to use the New Jersey State Contract which has publicly received bids for said equipment through contract #76364 lines 63 and 69; and

WHEREAS, the Purchasing Agent recommends the Township Council award the contract for the eight (8) MSA Breathing Apparatus as per the attached price quote using the vendor Firefighter One, 26 Gail Court Suite #1, Sparta, NJ; and

WHEREAS, the total cost for the purchase eight (8) MSA Breathing Apparatus will be $23,209.48 and the Chief Financial Officer of the Township of Vernon, has certified these funds are available per Ordinance #11-08.

NOW THEREFORE BE IT RESOLVED, by the Township Council of the Township of Vernon, that the vendor, Firefighter One, be utilized to purchase eight (8) MSA Breathing Apparatus, through the State Contract, in accordance with the attached estimates in the amount not to exceed $23,209.48.

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

Motion to approve Resolution #11-140:
Moved: Daniel Kadish
Seconded: Patrick Rizzuto

Council Member Kadish questioned whether it was a conflict of interest as Mr. Dietz serves on SCMUA. The Mayor noted that Mr. Dietz would recuse himself from SCMUA issues. It was noted that there was a typo in the 3rd “Whereas” clause with the wrong name.

Motion to approve Resolution #11-140 as amended:
Moved: Daniel Kadish
Seconded: Patrick Rizzuto

A roll call vote was taken:
Ayes: Daniel Kadish, Patrick Rizzuto, Dick Wetzel, Brian Lynch
Nays: None
Abstain:
Resolution #11-140 was adopted as amended.

Resolution #11-140: Resolution Appointing Risk Management Consultant for Property & Casualty Insurance

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 Wayne Dietz, D & H Alternative Risk Solutions as its local Risk Management Consultant for Property & Casualty Insurance.
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 2011.

Introduction of Proposed Ordinances

Ordinance #11-16: An ordinance of the Township of Vernon, County of Sussex, State of New Jersey, to modify Section 179-7 of the code of the Township of Vernon regarding campsites

Motion to table Ord. #11-16 to next meeting.
Motion: Daniel Kadish
Seconded: Patrick Rizzuto

A roll call vote was taken:
Ayes: Daniel Kadish, Patrick Rizzuto, Dick Wetzel, Brian Lynch
Nays:

Mayor Marotta noted that he would have Mr. Giaimis advise Council on this issue, and that it was a simple house-keeping item that would be ready for the next meeting.

Ordinance #11-17: An ordinance to provide and determine the range of compensation for specified officers and employees in the Township of Vernon

Motion to approve Ord. #11-17 on 1st Reading by title only.
Motion: Daniel Kadish
Seconded: Patrick Rizzuto

Council President Lynch noted that the amount for the Council President will be increased from the previous Council, but that the Council Member numbers are the same.

A roll call vote was taken:
Ayes: Daniel Kadish, Patrick Rizzuto, Dick Wetzel, Brian Lynch
Nays:
Ordinance #11-17 was approved on 1st reading.

Ordinance #11-18: An ordinance amending the code of the Township of Vernon, County of Sussex, State of New Jersey

Motion to approve Ord. #11-18 on 1st Reading by Title Only.
Moved: Patrick Rizzuto
Seconded: Dick Wetzel

A roll call vote was taken:
Ayes: Daniel Kadish, Patrick Rizzuto, Dick Wetzel, Brian Lynch
Nays: None
Ordinance #11-18 was approved on 1st reading.

Council President Lynch asked to have Council Members Kadish and Rizzuto work with Kevin Kelly to prepare the new Administrative Code (Ord. #11-18) in the remaining 78 days allowed by statute, and to report back to the Council.

Mayoral Nominations for Boards/Commissions for Council Approval

Motion to approve Appointments to Land Use Board.
Moved: Daniel Kadish
Seconded: Brian Lynch

Council Member Kadish asked about the term ending dates. Mayor Marotta advised that they were following the Township’s fiscal term.

Council President noted that he planned on bringing the Municipal elections back to November.

Mr. Kelly advised that following the fiscal term was a small change versus changing all 40 terms.

Mayor Marotta asked if Council would respectfully approve the terms as is. He asked Mr. Kelly if Council was required to approve the appointments, and was advised that they were not required to do so.

A roll call vote was taken:
Ayes: Daniel Kadish, Patrick Rizzuto, Dick Wetzel, Brian Lynch
Nays:
Land Use Board appointments were approved.

Motion to approve Appointments to the Environmental Commission:
Moved: Dick Wetzel
Seconded: Daniel Kadish

A roll call vote was taken:
Ayes: Daniel Kadish, Patrick Rizzuto, Dick Wetzel, Brian Lynch
Nays: None
Environmental Commission appointments were approved.

Mayor Marotta asked that anyone interested in serving as an alternate member should advise the Clerk accordingly.

Chillers

Mayor Marotta advised everyone that the anticipated date for the chillers to be back on-line was Friday!

Motion to approve Appointments to the Senior Citizen Committee:
Moved: Daniel Kadish
Seconded: Patrick Rizzuto

A roll call vote was taken:
Ayes: Daniel Kadish, Patrick Rizzuto, Dick Wetzel, Brian Lynch
Nays: None
Senior Citizen Committee appointments were approved.

Motion to approve Appointments to the Economic Development Advisory Committee:
Moved: Dick Wetzel
Seconded: Patrick Rizzuto

Mayor Marotta noted that there were 4 openings and anyone interested should see the Clerk. He pointed out that all were 6-month appointments until January.

The Clerk was advised that there was a typo on the second appointment—it should read Arthur J. Alviene. The Clerk advised that she would make the correction.

A roll call vote was taken:
Ayes: Daniel Kadish, Patrick Rizzuto, Dick Wetzel, Brian Lynch
Nays: None
Economic Development Advisory Committee appointments were approved.

Motion to approve Appointments to the Board of Recreation:
Moved: Daniel Kadish
Seconded: Brian Lynch

Mayor Marotta advised that he planned a new Recreation ordinance to allow staggered terms, and that there was another opening for an alternate member if anyone was interested.

A roll call vote was taken:
Ayes: Daniel Kadish, Patrick Rizzuto, Dick Wetzel, Brian Lynch
Nays: None
Board of Recreation appointments were approved.

Motion to approve Appointments to the Historic Preservation Commission:
Moved: Dick Wetzel
Seconded: Patrick Rizzuto

A roll call vote was taken:
Ayes: Patrick Rizzuto, Dick Wetzel, Brian Lynch
Nays: None
Abstain: Daniel Kadish
Historic Preservation Commission appointments were approved.

Mayor Marotta noted that there were 2 alternate positions still open.

Motion to approve Appointments to the Municipal Sewer Utility Authority:
Moved: Patrick Rizzuto
Seconded: Brian Lynch

A roll call vote was taken:
Ayes: Daniel Kadish, Patrick Rizzuto, Dick Wetzel, Brian Lynch
Nays: None
Municipal Sewer Utility Authority appointments were approved.

Mayor Marotta noted that there were 2 alternate positions still available.

The Mayor thanked all for their advice and consent, as well as their respectful discussions.

Council President Lynch congratulated all the appointees.

Council President

Council President Lynch thanked all who helped with the Reorganization meeting and reception, especially Mary Bradley; he felt that the new Township Seal was shown in a good location; that Mr. Giaimis and Mayor Marotta should be commended for arranging the use of the high school auditorium; the food was a nice touch; Township Attorney Kelly for his advice and counsel; and all the support shown.

Council Business

Council Member Wetzel felt that the Council was starting on the right foot, and conducted themselves like gentlemen.

Council Member Rizzuto was glad that someone had arranged for the Morris County Pipers; was appreciative of the 2 days of intense instruction last week—it was time well spent, and the information was well-received; felt Council would have more in-service events going forward; and thanked Council for giving up their time.

Council Member Kadish felt Council should develop a 20-year plan to eliminate debt , to return the Health Department to Vernon Township, to establish a well-monitoring program to ensure quality of water, set up a 10-year Capital plan, and develop a plan to return all foreclosed housing to the tax rolls.

Mayor Marotta spoke about the fact that checks and balances were now in place.

Mayor’s Appointment

Mayor Marotta advised Council that he was appointing Darren Maloney as the Puchasing Agent on a permanent basis.

Adjournment

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

The Regular Meeting of the Township Council of the Township of Vernon was adjourned at 8:42 p.m.

Respectfully submitted,
Susan S. Nelson, RMC, CMR
Municipal Clerk

Minutes approved: August 22, 2011