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

Minutes: May 23, 2011

The Regular Meeting of the Township Council of the Township of Vernon was convened at 6:08 p.m. on Monday, May 23, 2011 in the Vernon Municipal Center, 21 Church Street, Vernon, New Jersey with Mayor Sally Rinker presiding.

Statement of Compliance

Adequate notice of this meeting had been provided to the public and the press on January 6, 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 Richard Carson, Brian Lynch, Valerie Seufert, Harry Shortway, and Mayor Sally Rinker. Also present were Township Manager Jerry Giaimis and Township Attorney John Ursin.

Resolution to Go into Executive Session

At 6:10 pm, Mayor Rinker asked for a motion to go into Executive Session. Council Member Lynch made a motion to close the meeting to the public and enter into executive session. Motion seconded by Council Member Shortway with all members 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. 69 Barry Drive North—potential litigation
    2. Thompson v. Vernon Township
    3. Professional Legal Services Agreement—Ameripay Issue
    4. SCMUA Indemnification Agreement—litigation, attorney/client privilege
    5. Mt. Creek negotiations
  3. It is anticipated that the above-stated subject matter will be made available upon final decision.
  4. This resolution shall take effect immediately.

The Township Council entered into Executive Session at 6:11 p.m.

The meeting was reopened to the public at 7:05 p.m.

Roll Call of Members

Present were Council Members Richard Carson, Brian Lynch, Valerie Seufert, Harry Shortway, and Mayor Sally Rinker. Also present were Township Manager Jerry Giaimis and Township Attorney John Ursin.

Salute to the Flag

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

Presentation

2010 Municipal Audit—Nisivoccia & Co., Municipal Auditor—Bill Schroeder

Mr. Schroeder gave an overview of the 2010 audit.

Council Member Carson asked about Recommendation #1—it was an ongoing issue. He asked Mr. Schroeder how it can be avoided/corrected. Mr. Schroeder advised that this item appears in more than half of audits they perform in other municipalities. These particular tasks require specifically trained personnel. He noted that no irregularities were seen during the audit process.

Council Member Seufert asked the Manager to try to address this to eliminate the problem in the future. Mr. Giaimis advised that he had spoken to Mr. Zuckerman on this issue and would continue to address it with the Auditor and the CFO.

Council Member Carson asked about Recommendation #6—Police Department deposits. He thought this had appeared in last year’s audit as well. Council Member Seufert thought proper procedures were put into place for all departments after last year’s audit. Mr. Giaimis advised that he would address this with the staff tomorrow.

Auction

Auction for property known as Block 124-17 Lot 11—Ordinance #11-10 was introduced on March 14 and adopted on April 28. Minimum bid was for $2,500.00.

There was only one bidder—Dennis Hopson, 33 Cedar Lane, Sussex, NJ 07461.

The bid was won by Mr. Hopson. He was advised that a deposit of $700.00 was required, and that Mr. Ursin would process the paperwork for the sale of the property by the Township to him. A 5 minute recess was taken in order for Mr. Hopson to make payment to the Clerk.

Public Comments

Howard Greenblatt—spoke on the Board of Education budget vote. He felt the voting hours are not long enough, and that the Governing Body should expand those hours by impressing upon the Board of Education the need to do so. He noted that he had recently become aware that he could vote by mail-in ballot but he much preferred voting in person. Mr. Ursin advised that there was pending legislation to change the dates and times of school elections.

Jessi Paladini—suggested lobbying Trenton to include the School Board election with the November general election.

A resident who wished not to have her name published, spoke about her experience with sexual abuse, noting that she would like the Township to hold discussions on this topic on all aspects of the problem including what happens to victims that continues into adulthood. She thanked Mr. Shortway and Mayor Rinker for their support and their quick response, as well as Chief Wherry.

Tom McClachrie—noted Resolution #11-97, and asked who owned Conway Dam. Mr. Ursin advised that the Township owns most of the dam (all the way back to the 1970s).

Mr. McClachrie asked about Resolution #11-98, Ameripay that notes the amount not to exceed $5,000 for the attorney fees. He asked if this meant there were no costs prior to this Resolution. On Resolution #11-99, he asked what it meant about the Mountain Creek day lodge. Mr. Ursin gave an overview of the project and the developer’s agreement, including the sewer connection clause. Mr. McClachrie asked if the plastic tents would be removed, and was advised that the amended site plan did stipulate that they would.

Mr. McClachrie asked about the training classes for the incoming government. Mayor Rinker suggested a seminar that would be open to the public to learn about the structure, the roles, etc. for the new governing body. She wished to authorize the Manager to schedule such a seminar as soon as possible. Council Member Lynch advised that they had been considering taking courses. Mr. Giaimis noted that he would advise them of pending issues.

Dan Kadish, Edward Dunn, and Pat Rizzuto, Councilmen-Elect—advised the Council that they had spoken to Rutgers about a class tailored to their needs. Mr. Kadish noted that he had also asked the Clerk to order books for the new governing body, as well as attending some seminars. They felt this would engender a speed of trust for the new team. They spoke on their respective experiences with new jobs and how they learned their roles. They asked Mr. Ursin about quorum issues if they were all to meet at the same time. Mr. Ursin advised that they can always attend seminars together without opening up the session to the public.

Mayor Rinker felt the public should also be informed on how the new government will operate. Mayor Rinker moved to authorize the Manager to arrange a public work session on the new form of government. Council Member Seufert seconded the motion. All were in favor.

Gary Martinsen—advised that the incoming Council should be careful when meeting where a quorum was present that they not deal with any Township issues. He advised that the Kiwanis meeting would be informed about that issue as well. He noted his pleasure that Pat Seger had told him the snowmen would be removed the next day and replaced with flags. He asked about Ord. #11-12 on the MUA—he was concerned about businesses being hammered with fees. He asked Council to advise them of the estimated amount for their locations.

Kirk—sixth generation on the Walker farm—asked Council to approve the solar farm idea being proposed. He wants the issue to be regulated, and believes it is okay for individuals to have them. Mayor Rinker advised that there would be a public hearing on the Ordinance at the next meeting. The Walker family asked to be able to make a presentation at the next meeting. Council agreed and suggested the family contact the Manager’s office to put it on the agenda.

Jamie Rickey—asked if solar farms were a tax-ratable. Mr. Ursin felt that they were. Mayor Rinker and Council Member Seufert noted that they had heard that solar farms were not taxable.

Bonnie Rubin—spoke about the stifling air in Council chambers. She suggested opening windows.

Mayor Rinker closed the meeting to public comments.

Approval of Minutes

Executive Session Minutes from April 28, 2011

Moved: Brian Lynch
Seconded: Valerie Seufert

A roll call vote was taken:
Ayes: Brian Lynch, Sally Rinker
Nays: None
Abstain: Carson, Seufert, Shortway
Minutes were approved.

Executive Session Minutes from May 12, 2011

Moved: Valerie Seufert
Seconded: Harry Shortway

A roll call vote was taken:
Ayes: Valerie Seufert, Brian Lynch, Harry Shortway, Sally Rinker
Nays: None
Abstain: Richard Carson
Minutes were approved.

Regular Meeting Minutes from February 28, 2011

Moved: Harry Shortway
Seconded: Richard Carson

A roll call vote was taken:
Ayes: Richard Carson, Valerie Seufert, Brian Lynch, Harry Shortway, Sally Rinker
Nays: None
Minutes were approved.

Regular Meeting Minutes from March 14, 2011

Moved: Brian Lynch
Seconded: Richard Carson

A roll call vote was taken:
Ayes: Richard Carson, Valerie Seufert, Brian Lynch, Harry Shortway, Sally Rinker
Nays: None
Minutes were approved.

Regular Meeting Minutes from March 28, 2011

Moved: Valerie Seufert
Seconded: Harry Shortway

A roll call vote was taken:
Ayes: Richard Carson, Valerie Seufert, Brian Lynch, Harry Shortway, Sally Rinker
Nays: None
Minutes were approved.

Special Meeting Minutes from March 24, 2011

Moved: Harry Shortway
Seconded: Richard Carson

A roll call vote was taken:
Ayes: Richard Carson, Brian Lynch, Harry Shortway, Sally Rinker
Nays: None
Abstain: Valerie Seufert
Minutes were approved.

Township Manager’s Report

Mr. Giaimis noted the following items:

  • Waywayanda State Park—A request came in looking to open the entrance from Memorial Day through October only on weekends, as they can’t justify leaving it open 7 days a week. Council Member Lynch noted that the back entrance has problems with traffic using excessive speed when exiting by Barry Drive. He felt they should have rangers posted at those exits. Mr. Giaimis advised that he would notify the Police Department.
  • County Meeting on Thursday here about Rte. 517/Maple Grange issues is scheduled for 7:00 p.m. He promised to get more information prior to the meeting and would advise accordingly.
  • Environmental Comm. Meeting—the gas pipeline people will hold a safety training session for members.
  • Mt. Creek have asked to hold amusement games in the water park area. Mr. Ursin advised that amusement games were heavily regulated by the State. He further advised that while bingos and raffles had been allowed by referendum, amusement games had never been allowed. They would also have required adoption of an ordinance. Clearly amusement games are more-stringently regulated.
  • Reminded the Mayor and Council to see the Clerk before leaving to sign the Audit Affidavit.

Township Attorney’s Report

Mr. Ursin advised that Council had discussed an issue in Executive Session on a property that has accrued huge Fire Prevention fines. He noted that if Council wished him to move forward, they would need a motion for him to do so.

Council Member Carson made a motion to authorize the Township Attorney to file a lawsuit to resolve the outstanding penalties on the property. Mayor Rinker made the second, with all Council Members in favor.

Mr. Ursin continued with his report, noting that they had recently closed on 3 rounds of foreclosures (more 40), which the Township took title on, temporarily. He noted that Mt. Creek had also been discussed in Executive Session.

Resolutions Requiring Separate Action

Resolution #11-92: Tax Overpayment

WHEREAS, a duplicate payment was made on the first quarter 2011 taxes;

WHEREAS, such payments created an overpayment.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Vernon, County of Sussex, State of New Jersey, hereby authorize the Township Treasurer to issue check for said overpayments and the Tax Collector refund said overpayment of taxes on the following account:

BLOCKLOTNAMEAMOUNTQUARTERLOCATION
199.0730.01 C0001Core Logic$829.112ndArnold Palmer Ct U1
(Re: Beauparlant, Julie #30918809)

Moved: Valerie Seufert
Seconded: Harry Shortway

A roll call vote was taken:
Ayes: Richard Carson, Valerie Seufert, Brian Lynch, Harry Shortway, Sally Rinker
Nays: None
Resolution #11-92 was approved.

Resolution #11-93: Authorizing the Approval of Bills List

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

Disbursement
Journal
FundAmountMajor Vendor
#1Current$6,200.00Poll Workers
#2Current$2,003,870.32BOE
#3Capital$56,840.00 ATC Systems
#4Grant$785.73 
#5Planning & Zoning$2,715.00 
#6Other Trust$8,089.90State of NJ
#7Other Trust$382.00 
#8Recreation$5,383.24 
#9Recreation$933.97 
#10Sewer Operating$510.49 
#11Outside Services$287.36 
 Payroll$338,446.371st Pay in May
 Total$2,424,444.38 

Motion to approve all except check #1218 and check #1228.
Moved: Valerie Seufert
Seconded: Harry Shortway

A roll call vote was taken:
Ayes: Richard Carson, Brian Lynch, Valerie Seufert, Harry Shortway, Sally Rinker
Nays: None
Resolution #11-93 was approved.

Motion to approve check #1218.
Moved: Richard Carson
Seconded:Harry Shortway

A roll call vote was taken:
Ayes: Richard Carson, Harry Shortway, Sally Rinker
Nays: None
Abstain: Brian Lynch, Valerie Seufert
Check #1218 was approved.

Motion to approve check #1228.
Moved: Valerie Seufert
Seconded:Richard Carson

A roll call vote was taken:
Ayes: Richard Carson, Brian Lynch, Valerie Seufert, Sally Rinker
Nays: None
Abstain: Harry Shortway
Check #1228 was approved.

Resolution #11-94: 2010 Annual Audit

WHEREAS, N.J.S.A. 40A:5-4 requires the governing body of every local unit to have made an annual audit of its books, accounts and financial transactions, and

WHEREAS, the Annual Report of Audit for the year 2010 has been filed by a Registered Municipal Accountant with the Municipal Clerk pursuant to N.J.S.A. 40A:5-6, and a copy has been received by each member of the governing body; and

WHEREAS, R.S. 52:27BB-34 authorizes the Local Finance Board of the State of New Jersey to prescribe reports pertaining to the local fiscal affairs; and

WHEREAS, the Local Finance Board has promulgated N.J.A.C. 5:30-6.5, a regulation requiring that the governing body of each municipality shall, by resolution, certify to the Local Finance Board of the State of New Jersey that all members of the governing body have reviewed, as a minimum, the sections of the annual audit entitled “Comments and Recommendations”; and

WHEREAS, the members of the governing body have personally reviewed, as a minimum, the Annual Report of Audit, and specifically the sections of the Annual Audit entitled “Comments and Recommendations,” as evidenced by the group affidavit form of the governing body attached hereto; and

WHEREAS, such resolution of certification shall be adopted by the Governing Body no later than forty-five days after the receipt of the annual audit, pursuant to N.J.A.C. 5:30-6.5; and

WHEREAS, all members of the governing body have received and have familiarized themselves with, at least, the minimum requirements of the Local Finance Board of the State of New Jersey, as stated aforesaid and have subscribed to the affidavit, as provided by the Local Finance Board; and

WHEREAS, failure to comply with the regulations of the Local Finance Board of the State of New Jersey may subject the members of the local governing body to the penalty provisions of R.S. 52:27BB-52, to wit:

R.S. 52:27BB-52: A local officer or member of a local governing body who, after date fixed for compliance, fails or refuses to obey an order of the director (Director of Local Government Services), under the provisions of this Article, shall be guilty of a misdemeanor and, upon conviction, may be fined not more than one thousand dollars ($1,000.00) or imprisoned for not more than one year, or both, in addition shall forfeit his office.

NOW, THEREFORE, BE IT RESOLVED, that the Township Council of the Township of Vernon, hereby states that is has complied with N.J.A.C. 5:30-6.5 and does hereby submit a certified copy of this resolution and the required affidavit to said Board to show evidence of said compliance.

Moved: Valerie Seufert
Seconded: Brian Lynch

A roll call vote was taken:
Ayes: Richard Carson, Brian Lynch, Valerie Seufert, Harry Shortway, Sally Rinker
Nays: None
Resolution #11-94 was approved.

Resolution #11-95 and #11-96 were acted on together.

Resolution #11-95: Authorizing Placement of Temporary Signage

WHEREAS, Christ Community Church in Highland Lakes, New Jersey has requested permission from the Township Council to place temporary signage across Breakneck Road from the church property to a residential property to advertise for the Annual Vacation Bible School; and

WHEREAS, permission to hang the banner has been received from the residential property owner across Breakneck Road; and

WHEREAS, the Church is requesting to display the temporary signage, one (1) banner measuring 3’ by 18’, for a time period of thirty days, beginning June 15, 2011 through the close of Vacation Bible School July 15, 2011.

NOW THEREFORE BE IT RESOLVED, by the Mayor and Council of the Township of Vernon, that Christ Community Church in Highland Lakes, New Jersey is granted permission to place temporary signage, as described above, across Breakneck Road, from June 15, 2011 through July 15, 2011, in association with the Church’s Vacation Bible School event.

BE IT FURTHER RESOLVED that any and all approved signage placed pursuant to this Resolution shall be removed on the day following the event.

Resolution #11-96: Authorizing Placement of Temporary Signage

WHEREAS, Our Lady of Fatima Church in Highland Lakes, New Jersey has requested permission from the Township Council to place temporary signage on the front lawn of the A&P in Vernon, along Route 515 / Stockholm Road in association with the Church’s summer Carnival to be held July 27-30, 2011;

WHEREAS, approval has been received from a principal representing the property owner, as per a letter dated May 17, 2011, for the placement of the signage for this event;

WHEREAS, the temporary signage requested to be displayed will be one (1) “A” frame sign measuring 4’ wide by 6’ high and will be displayed from July 9th through July 30, 2011.

NOW THEREFORE BE IT RESOLVED, by the Mayor and Council of the Township of Vernon, that Our Lady of Fatima Church in Highland Lakes, New Jersey is granted permission to place temporary signage, as described above, along County Road 515/ Stockholm Road on the front lawn of the A&P in Vernon, from July 9- July 30, 2011, in association with the Church’s summer carnival event.

BE IT FURTHER RESOLVED that any and all signage placed pursuant to this Resolution shall be removed on the day following the event.

Moved: Valerie Seufert
Seconded: Harry Shortway
Richard Carson asked for clarification, as he had understood that Our Lady of Fatima had asked to waive the Fire Prevention fees, and that was not noted in the resolution. He was advised that the Resolution does not authorize doing so. Mr. Carson suggested that Mr. Giaimis send them a letter to advise that a separate letter requesting the waiver of Fire Prevention fees was required.

A roll call vote was taken:
Ayes: Richard Carson, Brian Lynch, Valerie Seufert, Harry Shortway, Sally Rinker
Nays: None
Resolution #11-95 and #11-96 were approved.

Resolution #11-97: Authorizing a Professional Services Agreement for Dam Maintenance Review and Reporting of Lake Conway Dam in the Amount Not to Exceed $3,800.00

WHEREAS, the Township of Vernon is in need of dam maintenance services for the Lake Conway Dam (NJDEP File No. 22-285) presented in a NJDEP letter dated May 4, 2011; and

WHEREAS, Maser Consulting, P.A, Red Bank, NJ, is a New Jersey licensed Professional Engineering firm experienced in the design and construction of dams; and

WHEREAS, Maser Consulting, P.A has submitted a proposal for professional engineering services associated with the NJDEP Dam Safety Section maintenance requirements for the Lake Conway Dam for a cost not to exceed $3,800.00; 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 Chief Financial Officer has certified these funds are available for this purpose.

NOW THEREFORE IT BE RESOLVED by the Township Council of the Township of Vernon that the Mayor and Clerk are authorized to enter into a Professional Services Contract with Maser Consulting, P.A for engineering services for the Professional Engineering Services associated with the NJDEP Dam Safety Section maintenance requirements for Lake Conway Dam for an amount not to exceed $3,800.00.

This resolution will take effect immediately according to law.

Moved: Valerie Seufert
Seconded: Harry Shortway

A roll call vote was taken:
Ayes: Richard Carson, Brian Lynch, Valerie Seufert, Harry Shortway, Sally Rinker
Nays: None
Resolution #11-97 was approved.

Resolution #11-98: Award a Contract with Florio, Perrucci, Steinhardt & Fader, LLC as Special Conflict Counsel

WHEREAS, the Township of Vernon is in need of Special Counsel Legal Services associated with Ameripay and IRS Claims; and

WHEREAS, the Township of Vernon has received a proposal, dated May 11, 2011, from Florio, Perrucci, Steinhardt & Fader, LLC with respect to providing an analysis and report on the Township’s claims against Ameripay and the IRS for reimbursement of payments made; and

WHEREAS, Florio, Perrucci, Steinhardt & Fader, LLC is a law firm with experience in general tax and bankruptcy matters through their General Litigation and Corporate and Business Law Groups; 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 Chief Finance Officer has certified funds, in the amount not to exceed $5,000.00, are available for this purpose.

NOW THEREFORE IT BE RESOLVED by the Township Council of the Township of Vernon that the Mayor and Clerk are authorized to enter into a Professional Services Contract with the law firm of Florio, Perrucci, Steinhardt & Fader, LLC as Special Counsel for the purpose of Legal Services with respect to an Analysis and report on the Township’s Claims against Ameripay and the IRS for reimbursement of payments made, in the amount not to exceed $5,000.00.

This Resolution will take effect immediately according to law.

Moved: Brian Lynch
Seconded: Harry Shortway

A roll call vote was taken:
Ayes: Richard Carson, Brian Lynch, Valerie Seufert, Harry Shortway, Sally Rinker
Nays: None
Resolution #11-98 was approved.

Resolution #11-99: Authorization to Execute a Developer’s Agreement with Mountain Creek Resort, Inc. in Relation to Day Lodge Final Major Subdivision and Site Plan

WHEREAS, Mountain Creek Resort, Inc. received Land Use Board approval for Preliminary Major Amended Subdivision and Site Plan Approval in 2006, amended said approvals under PB#2-08-2 and received Final Major Subdivision on February 9, 2011 for Block 183 Lots 12.01 and 12.02; Block 184 Lots 10,12-16,18,25 & 25.01; and Block 190 Lots 9,10, & 10.01; and

WHEREAS, the Developer and the Township desire to enter into an agreement setting forth the rights, duties and obligations of the parties in connection with the Approvals for the properties; and

WHEREAS, the Developer desires to proceed with the development of the properties and to install the improvements as shown on the Plats for which the Approvals were, or are about to be received; and

WHEREAS, this agreement is solely intended to memorialize the Developer’s obligations with respect to the construction of the day lodge and related improvements.

NOW THEREFORE BE IT RESOLVED, that the Township Council of the Township of Vernon, does hereby authorize the Mayor and Township Clerk to execute a Developer’s Agreement with Mountain Creek Resort, Inc for property known as Block 183 Lots 12.01 and 12.02; Block 184 Lots 10,12-16,18,25 & 25.01; and Block 190 Lots 9,10, & 10.01 as shown on the Tax Map of the Township of Vernon pursuant to the Land Use Board Resolution adopted on February 9, 2011, PB#2-08-2, a copy of which is on file in the office of the Township Clerk.

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

Moved: Richard Carson
Seconded: Brian Lynch

A roll call vote was taken:
Ayes: Richard Carson, Brian Lynch, Valerie Seufert, Harry Shortway, Sally Rinker
Nays: None
Resolution #11-99 was approved.

Mr. Ursin noted that by passing the Developer’s Agreement, it was a good faith effort for Mt. Creek in assisting with their construction schedule to move forward and connect the sewers.

Introduction of Proposed Ordinances

Ordinance #11-14: An ordinance to amend Chapter 330 Article XI Zoning of the code of the Township of Vernon to provide regulations regarding solar energy facilities

Moved: Valerie Seufert
Seconded: Harry Shortway

A roll call vote was taken:
Ayes: Richard Carson, Brian Lynch, Valerie Seufert, Harry Shortway, Sally Rinker
Nays: None
Ordinance #11-14 was approved.

Mr. Ursin advised that this ordinance would now go back to the Land Use Board and would be accounted for in advance for the public hearing at the next meeting. Mayor Rinker noted that the Land Use Board attorney had moved forward quickly to address Council’s issues that had been raised.

Ordinance #11-15: An ordinance of the Township of Vernon, Sussex County, State of New Jersey repealing Article XIX Sections 330-229 through 330-239, Stream Buffer Conservation Overlay Zone, of the code of the Township of Vernon

Mayor Rinker advised that this ordinance had failed at an earlier time, and then more discussion was held. She felt, personally, that it needed to conform to State requirements so that it will assist smaller homeowners when selling their properties.

Moved: Valerie Seufert
Seconded: Harry Shortway

A roll call vote was taken:
Ayes: Richard Carson, Brian Lynch, Valerie Seufert, Harry Shortway, Sally Rinker
Nays: None
Ordinance #11-15 was approved.

Mr. Ursin advised that this ordinance would go back to the Land Use Board before the public hearing on Thursday, June 9. Council Member Lynch asked Mr. Ursin if this ordinance had been introduced back in December of 2010, could it be introduced again. Mr. Ursin noted that this ordinance now had more information, so it could be re-introduced.

Second Reading, Public Hearing on Proposed Ordinance

Mayor Rinker read Ordinance #11-12 by title only. First reading was held on April 28, 2011.

Moved: Richard Carson
Seconded: Valerie Seufert

Mayor Rinker opened the meeting to public comments.

Public Hearing—Ordinance #11-12

Tom McClachrie—noted that the sewer collection ordinance changes suggested had been addressed. He felt that an annual report—orally or written—should be included. He also felt that the MUA needed the ability to dissolve themselves, and the ordinance needed to specify the service area with the redevelopment zone or other area but not Township-wide.

Gary Martinsen—agreed with Mr. McClachrie on the specificity of the service area. He also felt that people should be advised of their potential costs/impact.

The Mayor closed the Public Hearing.

Council Member Seufert advised that she would like to have the annual report orally and in writing.

Motion was made by Richard Carson to amend the ordinance to read “orally and written”. Seconded by Harry Shortway. All in favor.

Mr. Ursin understood the “service area” issue but felt it should be flexible. However, he advised that it does note block and lot numbers.

Motion to adopt Ordinance #11-12 as amended was made by Valerie Seufert. Seconded by Harry Shortway.

There was no further Council discussion.

A roll call vote was taken:
Ayes: Richard Carson, Brian Lynch, Valerie Seufert, Harry Shortway, Sally Rinker
Nays: None
Ordinance #11-12 was adopted.

Mr. Ursin advised that no new appointments could be made by this Council for the MUA or any other body, but would be done on July 1 or thereafter.

Public Comments

Jessi Paladini—asked why the next meeting was being held on June 9 (Primary election required the use of Council Chambers for June 6 and 7). She asked for the audit to be put on the website. Ms. Paladini noted that the website was behind in minutes on all Boards, and asked that they be done sooner.

Hans Gross—noted that 4 properties on Rt. 94 use propane (liquid gas), but up the road at Dunkin Donuts they have natural gas. He advised that when he called the utility company to connect his and his neighbors’ properties to the natural gas line he was told no, but noted that Elizabethtown was contacted about putting in natural gas.

Mayor Rinker closed the meeting to public comments.

Council Member Lynch advised that Mr. Giaimis had been diligent on the garbage burning issue, and that some progress had been made. He noted that Phyllis MacPeek spoke at the last meeting that the food pantry was empty—he asked Council to authorize Mr. Giaimis to publish this information in the newspaper and on the website for a food drive. He advised that the United Way and UPS could help.

Council Member Carson advised that there was a new dangerous drug that had started in the southern states but that it was now in the New York area. The drug is “Opara” which is the nuclear derivative of morphine, it comes in pill form, and it is time-released to be taken one pill every 12 hours. It is now being crushed and inhaled so that a 12-hour dose it given immediately, making it deadly. Its usage is spreading and the pharmacy company is trying to reformulate it so it can’t be abused in this manner. Unfortunately, this takes years to develop. He cautioned parents to be aware of what their children are doing, and asked the press to make note of this.

Council Member Seufert asked if a sign ordinance meeting was being considered.

Mayor Rinker asked Council to authorize Mr. Giaimis to have a sign made for the Animal Shelter in Mr. Burgess’ name. Mr. Giaimis advised that this was already being done.

The Mayor advised that Vernon Day is June 5, from 11:00am to 4:00 p.m. They were still seeking vendors, and would need people to set up earlier.

Mayor Rinker noted that the Economic Development Comm. had reserved June 1 at 7:00 pm at the George Inn to discuss the sign ordinance. She advised that all businesses with known email addresses had been notified.

Council Member Shortway advised that Recreation was sponsoring a 5K earlier on Vernon Day, as well as a Fun Walk—both starting at 7:45 am for registration.

Adjournment

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

The Regular Meeting of the Township Council of the Township of Vernon was adjourned at 8:53 p.m.

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

Minutes approved: July 1, 2011