The Regular Meeting of the Township Council of the Township of Vernon was convened at 6:15 p.m. on Thursday, January 14, 2010 in the Vernon Municipal Center, 21 Church Street, Vernon, New Jersey with Mayor Sally Rinker presiding.

Statement of Compliance

Adequate notice of this meeting was provided to the public and the press on December 28, 2009 in accordance with the Open Public Meetings Act, N.J.S.A. 10:4-7. Notice of this meeting was sent to the New Jersey Herald and was posted on the bulletin board in the Municipal Center and posted on the Township’s Website.

Roll Call of Members

Present were Council Members Richard Carson, Valerie Seufert, Harry Shortway, Michael Pier and Mayor Sally Rinker. Also present were Township Clerk Robin Kline and Township Attorney John Ursin.

Resolution to Go into Executive Session

At 6:15 p.m. Mayor Sally RInker asked for a motion to go into Executive Session. Council Member Valerie Seufert made a motion to close the meeting to the public and enter into executive session. Motion seconded by Council Member Richard Carson 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, Chapter 231, P.L. 1975 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 is:
    1. Personnel matter regarding the Township Manager. No anticipated date of release of Executive Session Minutes.
    2. Contract matter regarding the Unauthorized Purchase of the Document Scanner/Imager Executive Session Minutes will be released upon conclusion of the matter.
    3. Contract matter regarding Status of the Township’s Redevelopment Projects. No anticipated date of release of Executive Session Minutes.
  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 6:16 p.m.

The meeting was reopened to the public at 7:13 p.m. Present were Council Members Richard Carson, Michael Pier, Valerie Seufert, Harry Shortway, and Mayor Sally Rinker. Also present was Township Attorney John Ursin.

Salute to the Flag

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

Councilman Richard Carson spoke to the public as a citizen of Vernon Township to thank everyone who assisted him and his family in the search for a family pet lost in the Highland Lakes area.

Mayor’s Comments

Mayor Sally Rinker thanked the volunteer Firemen in the four Vernon Township Fire Companies, as well as, Upper Greenwood Lake, Hamburg Borough, and Hardyston Township Fire Companies. Mayor Rinker also thanked the Township’s Fire Prevention Official Tom Van Gorder for personally assisting families in helping to retrieve items from their fire destroyed homes. Mayor Rinker also thanked John Davis, Manager of the Condominium Association and Mineral Springs Hotel for assisting the families during their greatest time of need.

Mayor Rinker called for a Moment of Silence for the victims of last week’s earthquake in Haiti.

Mayor Rinker introduced new Township Attorney, John Ursin, from the well-respected law firm of Courter, Kobert and Cohen PC.

Attorney Ursin added Resolution #10-27 accepting the Resignation Agreement of Township Manager Melinda Carlton and authorizing the appointment of an Acting Township Manager. Mr. Ursin read Resolution #10-27 in its entirety.

Resolution #10-27: Resolution Regarding the Employment of Township Manager Melinda Carlton and Appointing an Acting Manager

WHEREAS, the Council of the Township of Vernon desires to conclude the Employment of the Township Manager, Melinda Carlton (“Manager”); and

WHEREAS, a Separation of Employment Agreement and General Release dated 1-14-10 (“Separation Agreement”) has been negotiated providing for the immediate conclusion of the Manager’s employment and the payment of three months severance pay and health insurance coverage; and

WHEREAS, pursuant to the terms of the Separation Agreement, the Manager accepts the conclusion of her employment by the Township, releases the Township from future claims or obligations, and waives any further notices or hearings under N.J.S.A. 40:69A-93;

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

  1. The employment of the Township Manager, upon adoption of this Resolution, is immediately concluded.
  2. The Mayor is authorized to sign the Separation Agreement dated 1-14-10.
  3. The Township Clerk shall immediately be appointed acting Manager and shall continue to serve simultaneously as the Township Clerk. The Township Clerk shall receive an additional $3,500.00 per month in salary (prorated) for each month she serves as Acting Manager. The Township Clerk understands and agrees that this appointment is temporary and she shall not have any of the rights set forth in N.J.S.A. 40:69A-93. When this appointment as Acting Manager ends by the hiring of a new Manager or by other action of the Council, the Township Clerk shall return to the position of Clerk with her current salary and benefits.
  4. This Resolution shall take effect immediately upon adoption and approval by the Township of Vernon.

Council Member Harry Shortway made a motion to approve Resolution #10-27, seconded by Council Member Richard Carson.

A roll call vote was taken:
Ayes: Richard Carson, Valerie Seufert, Harry Shortway, Michael Pier, Sally Rinker
Nays: None
Resolution #10-27 was approved.

Presentation

Status of Sewer Agreement—Robert Benecke, Redevelopment Consultant

Mr. Bob Benecke reported the Township Council adopted Resolution #09-188 authorizing an agreement with United Water to connect to the United Water Vernon System and expand the sewer franchise area on November 12, 2009. The agreement was fully-executed in December 2009 and a “Notice to Proceed” was forwarded to Mountain Creek allowing Mountain Creek to file Treatment Works Approval (TWA) permit to install the connector pipe for the sewer system and upgrade the pump station.

Mr. Benecke reported that he contacted SCUMA to pursue a delay in the billing of the sewer flows and informed the Council that the tariff has increased significantly.

The TWA permit process will take approximately six months to complete. The water infrastructure will cost $1.5 to $2 million to fully develop. United Water has agreed to expand their franchise area.

The next meeting with United Water and Mountain Creek is scheduled for January 28, 2010 and a Special Work Session Meeting is tentatively scheduled for January 22 at 4:00 p.m. Representatives from the Sussex County Municipal Utilities Authority, United Water, and Mountain Creek have been invited to attend.

Council Member Valerie Seufert questioned if Mountain Creek acknowledged receipt of the “Notice to Proceed.”

Mr. Kniep responded that Mountain Creek is proceeding with the completion of the pump station and has begun discussing the TWA permit process with United Water.

Public Comments

Mayor Rinker opened the meeting for public comment.

Council Member Richard Carson recused himself from Council dias.

Daniel Perez, Attorney for Council Member Richard Carson, commented about a Retirement Agreement concerning Patrol Officer David Herring. Mr. Perez objected to the terms of the proposed Retirement Agreement. Mr. Perez stated the facts concerning the Disciplinary Action against Mr. Herring have not been disputed and urged the Council not to condone behavior unbecoming of a Police Officer. Mr. Perez asked the Council to reconsider the Township’s position and not execute the proposed Retirement Agreement as presented.

Thomas McClachrie, Vernon Taxpayers Association, commented that the VTA opposes Resolutions #10-18, #10-19, #10-23, #10-25, and #10-26 and suggested that a financial impact analysis be prepared for every Resolution that expends taxpayer funds.

Mr. Rizzuto, Vernon, congratulated Mayor Sally Rinker and Deputy Mayor Harry Shortway, and questioned why the Township is providing legal defense of certain Township officials named as defendants in the Carson lawsuit.

Gary Martinsen, Vernon, presented information on what measures Dublin, Ireland has been taking to address drastic budget cuts and urged Vernon Township to take an aggressive approach in cutting spending. Mr. Martinsen further commented on the rise of vacant storefronts and encouraged the Council to help small businesses.

Josephine Curry, Glenwood, congratulated the new Council Members, Mr. Shortway and Mr. Pier, Mayor Rinker, and the new Township Attorney and thanked the Township Council for a fresh start and hope for a better future.

Al Warrington, Legends, introduced himself as the Property Manager of Legends Resort and generously offered three weeks of free rooms to the families displaced by the Great Gorge Condo fire.

Seeing no one else from the public wishing to speak, Mayor Rinker closed the public portion of the meeting.

Council Member Harry Shortway made a motion to close the meeting to the public, seconded by Council Member Valerie Seufert. All were in favor.

Township Manager’s Report

2010 Municipal Budget

Acting Manager Robin Kline reported that she is reviewing the proposed 2010 Municipal Budget prepared by the former Manager and anticipates the scheduling of a Special Council Budget Work Session Meeting in the month of February.

Municipal Building Energy Audit

Mr. Kneip reported on the status of the recent Municipal Building Energy Audit. A copy of the draft Energy Audit Report was distributed to the Council and a presentation by the contractor Steven Winters Associates will be scheduled for the January 22nd Council Meeting.

Evaluation of the Municipal Building HVAC System

Mr. Kneip reported that the Energy Audit also evaluated the HVAC System, however, to better evaluate the operation of the mechanical plant and system, three estimates to have been received. Mr. Kneip recommended the approval of Resolution #10-24 authorizing Johnson Control, the manufacturer of the HVAC system, to evaluate and perform immediate repairs of the HVAC system

Mr. Dave Pullis, Director of Public Works, commented on the history of the service and repair of the HVAC system and reported that the former contractor submitted reports stating the system can no longer be repaired. Mr. Pullis stated the maintenance contract for the HVAC System expired in 2008 and was never renewed so no further maintenance has been performed to date. The mechanical system is 37 years old. Mr. Pullis recommended that the system be replaced.

Maple Grange Park Concession Building Project

Mr. Kneip reported that the construction of the concession building is 85% complete and all funds have been encumbered to facilitate the expedient administration of the closeout of the grant.

Sewer Service Area

Lou Kniep reported that Senate Bill S-2985 would permit a two-year extension to the current sewer service area without restriction or reduction.

CFO Report

Sale of Bond Anticipation Notes

Mr. Zuckerman reported that the Township went out to bid for Bond Anticipation Notes in the amount of $13,487,000 in December 2009. A premium of $156,000 was received by the Township and an effective interest rate payable on the notes was reduced to 0.84%.

Township Attorney’s Report

Township Attorney Ursin recognized and thanked out-going Township Attorney Mike Witt for a smooth transition of files and to his custody and full understanding of current matters needing legal review and determination.

Township Attorney Ursin thanked all Township employees for their time and patience as he becomes familiar with the legal needs of Vernon Township.

Township Attorney Ursin commented that Mr. Daniel Perez’s earlier comments in the public portion of the meeting were misinformed and stated he was offended by them.

Ameripay Claim

Mr. Ursin reported Ameripay’s bankruptcy receiver continues the investigation of Vernon’s claim of loss.

Approval of Minutes

Council Member Richard Carson made a motion to approve the October 27, 2009 Special Meeting Minutes and Executive Session Minutes. Motion seconded by Council Member Michael Pier.

A roll call vote was taken:
Ayes: Richard Carson, Valerie Seufert
Nays: None
Abstain: Michael Pier, Harry Shortway, Sally Rinker

Valerie Seufert abstained only on the Executive Session Minutes

Council Member Richard Carson made a motion to approve the November 30, 2009 Regular Meeting Minutes and Executive Session Minutes. Motion seconded by Council Member Michael Pier.

A roll call vote was taken:
Ayes: Richard Carson, Valerie Seufert, Sally Rinker
Nays: None
Abstain: Michael Pier, Harry Shortway

Valerie Seufert abstained only on the Executive Session Minutes

Council Member Richard Carson made a motion to approve the December 10, 2009 Regular Meeting Minutes and Executive Session Minutes. Motion seconded by Council Member Michael Pier.

A roll call vote was taken:
Ayes: Richard Carson, Valerie Seufert, Sally Rinker
Nays: None
Abstain: Michael Pier, Harry Shortway

Valerie Seufert _____ on Executive Session Minutes

Consent Agenda

Resolution #10-17: Authorizing the Approval of Bills List

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

Disbursement
Journal
FundAmountMajor Vendor
#1 Current $71,506.25  
#2 Current $1,884,338.57 Vernon BOE
#3 Current $320,625.09 Horizon BC & BS
#4 Current $61,305.11 Nisivoccia & Co
#5 Current $71,874.57 Chasan Leyner
#6 Grant $53,756.24 H Pellow
#7 Grant $8,692.15  
#8 Grant $13,781.07  
#9 Grant $4,589.56  
#10 Capital $2,500.00  
#11 Capital $21,860.40  
#12 Planning & Zoning $375.00  
#13 Planning & Zoning $1,236.97  
#14 Planning & Zoning $711.41  
#15 Recreation $1,275.00  
#16 Recreation $2,419.00  
#17 Recreation $4,000.00  
#18 Recreation $1,442.48  
#19 Other Trust $132.88  
#20 Other Trust $3,268.25  
#21 Other Trust $5,700.00  
#22 Other Trust $1,004.64  
#23 Other Trust $1.30  
#24 Other Trust $4,731.62  
#25 Outside Services $472.29  
#26 Outside Services $188.19  
#27 Outside Services $1,146.99  
#28 Outside Services $1,619.28  
#29 Outside Services $3,677.12  
#30 Outside Services $2.925.10  
#31 Sewer Operating $363.48  
#32 Sewer Operating $1,450.00  
#33 Sewer Operating $81,416.05 Year-end $transfer
#34 Dog Trust $19.00  
#35 Developer’s Bonds $9,433.29  
#36 Developer’s Bonds $326.77  
#37 Open Space $437.14  
#38 Sewer Capital $2,984.70  
#39 Road Assessment $11,253.01  
  Payroll $422,794.01 1st pay in Dec 2009 (Includes UAW Retros)
  Payroll $332,061.44 2nd pay in Dec 2009
  Payroll $410.190.23 1st pay in Jan 2010
  Total $3,823,885.65  

Council Member Valerie Seufert moved to approve the Consent Agenda, seconded by Council Member Harry Shortway.

A roll call vote was taken:
Ayes: Richard Carson, Valerie Seufert, Harry Shortway, Michael Pier, Sally Rinker
Nays: None

Resolutions Requiring Separate Action

Resolution #10-18: Authorizing the Use of the New Jersey State Contract Program, Contract #67176, for the Purchase of a Document Scanner, in the Amount of $8,647.23 for Use in the Municipal Center for the Purpose of Records Retention

WHEREAS, the Township of Vernon has a need to purchase a Document Scanner for use by all Township Departments for the purpose of records retention; and

WHEREAS, the Township of Vernon is a member of the State of New Jersey’s Cooperative Purchasing Program; and

WHEREAS, prices were received through competitive bidding from the said program and the Purchasing Agent has reviewed the cooperative prices, and determined it would be cost effective to use the Cooperative Pricing Program in lieu of public bidding by private contractors; and

WHEREAS, the Township Manager and Purchasing Agent recommends that the Township Council pass this resolution authorizing use of the Cooperative Program for the purchase of this Document Scanner; and

WHEREAS, the cost estimate for the purchase is $8,647.23; and the vendor for the Cooperative Program for this purchase is CDW Government, Vernon Hills, IL; and

WHEREAS, the Chief Financial Officer of the Township of Vernon, has determined and certified the funds for this purchase in account #101219—2008 Payable Expenses.

NOW THEREFORE BE IT RESOLVED, by the Township Council of the Township of Vernon that the New Jersey State Cooperative Purchasing Program be utilized to purchase a Document Scanner and that it will be purchased from CDW Government, in the amount of $8,647.23 for the purpose of records retention by all Township Departments and that the Mayor and Clerk are authorized to execute such documents as are required to effectuate this purpose; and

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

Council Member Valerie Seufert made a motion to table Resolution #10-18 to the January 28, 2010 meeting to allow the Township Attorney time to investigate the matter, seconded by Council Member Richard Carson.

A roll call vote was taken to table Resolution #10-18:
Ayes: Richard Carson, Valerie Seufert, Harry Shortway, Michael Pier, Sally Rinker
Nays: None
Resolution #10-18 was tabled to the January 28, 2010 Council Meeting.

Resolution #10-19: Amending Resolution #07-194 and Approving Change Order to Hatch Mott MacDonald in the Amount of $937.04

WHEREAS, the Township of Vernon hired the firm of Hatch Mott MacDonald (HMM) for Sewer Consulting Services for the Town Center Sanitary Sewer Contract #3, pursuant to Resolution #07-194; and

WHEREAS, the amount of said services was estimated at approximately $2,500.00, for the purpose of field staking proposed sanitary sewer service connections; and

WHEREAS, the actual amount spent on said services by HMM was $3,437.04, exceeding the estimated amount by $937.04; and

WHEREAS, HMM Engineer Thomas Grau, P.E., provided a letter to the former Vernon Health Director dated November 9, 2007, explaining that additional work was required beyond that initially anticipated; and

WHEREAS, the final invoice in the amount of $937.04 has been held for two (2) years by the Township Engineer pending receipt of project close-out documentation from HMM; and

WHEREAS, the requested project closeout documentation has been received from HMM and approved by the Township Engineer; and

WHEREAS, the Vernon Township Engineer is satisfied that all outstanding project documentation has been received, has reviewed the invoice, and recommends approval of the remaining $937.04 balance; and

NOW, THEREFORE BE IT RESOLVED by the Council of the Township of Vernon that Resolution #07-194 is hereby amended from $2,500.00 to $3,437.04; and

BE IT FURTHER RESOLVED that the Council of the Township of Vernon hereby authorizes payment to Hatch Mott MacDonald in the amount of $937.04.

Council Member Valerie Seufert made a motion to approve Resolution #10-19, seconded by Council Member Harry Shortway.

Lou Kniep explained that closeout documentation was recently received from the contractor after a number of years, which created the need for this change order in the amount of $937.04.

A roll call vote was taken:
Ayes: Richard Carson, Valerie Seufert, Harry Shortway, Michael Pier, Sally Rinker
Nays: None
Resolution #10-19 was approved.

Resolution #10-20: Authorizing a Contract and Maintenance Agreement with CapturePoint.com (E-Websity, Inc.), for the Year 2009 in the Amount Not to Exceed $6,292.00

WHEREAS, there exists a need for a Computer contract and maintenance services for the Township of Vernon for the Department of Community Affairs for online recreation program registering and credit card payment processing; and

WHEREAS, the Director of Community Affairs obtained quotes for this computer service and maintenance from 3 providers; and

WHEREAS, the Director of Community Affairs has reviewed the prices and determined it would be cost effective for the Township to purchase this software and maintenance; and

WHEREAS, the cost estimate for the initial contract is $3,295.00 and the maintenance is $2,997.00; and

WHEREAS, the vendor is CapturePoint.com (E-Websity, Inc.); and

WHEREAS, the Chief Financial Officer of the Township of Vernon, has determined and certified the funds of this agreement; and

NOW THEREFORE BE IT RESOLVED, the 14th day of January, 2010 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 CapturePoint.com (E-Websity, Inc.), for the purpose of online recreation program registration and credit card processing and maintenance; and
  2. The Mayor and Township Clerk are hereby authorized and directed to execute a Professional Services Contract with CapturePoint.com (E-Websity, Inc.).

Mr. Pier questioned if the software company would consider extending their contract on a monthly basis pending further information requested by the Council and questioned whether the Police Athletic League also has a contract with CapturePoint.com. Mr. Pier questioned the feasibility of a shared services agreement with the Township and Vernon PAL.

Pat Seger, Director of Community Development, reported that the 2009 maintenance cost was budgeted in the approved 2009 municipal budget.

Council Member Valerie Seufert made a motion to table Resolution #10-20, seconded by Council Member Richard Carson.

A roll call vote was taken to table Resolution #10-20:
Ayes: Richard Carson, Valerie Seufert, Harry Shortway, Michael Pier, Sally Rinker
Nays: None
Resolution #10-20 was tabled.

Resolution #10-21: Amendment to Resolution #10-10 Adoption of 2010 Temporary Municipal Budget

WHEREAS, Resolution #10-10, Adoption of 2010 Temporary Municipal Budget, was approved at the January 1, 2010 Vernon Township Reorganization Council Meeting; and

WHEREAS, an amendment to Resolution#10-10 is needed to include Debt Service payments due in the 1st quarter of 2010.

WHEREAS, the amounts set forth are not part of the 26.25% cap set forth in New Jersey Local Budget Law regarding temporary budgets.

NOW THEREFORE BE IT RESOLVED, that Resolution #10-10 Schedule “A” be amended to add:

Serial Bond Principal $35,000.00
Serial Bond Principal $212,646.00
BAN’s Principal $593,222.00
BAN’s Interest $456,616.00
Total Temporary Appropriations Added: $1,297,484.00

Mr. Zuckerman explained that the Debt Service was omitted from the 2010 Municipal Temporary budget and this resolution corrects the oversight.

Council Member Valerie Seufert made a motion to approve Resolution #10-21, seconded by Council Member Harry Shortway.

A roll call vote was taken:
Ayes: Richard Carson, Valerie Seufert, Harry Shortway, Michael Pier, Sally Rinker
Nays: None
Resolution #10-21 was approved.

Resolution #10-22: Authorizing the Award of Contract for Professional Services for Specific Municipal Auditing Services in the Amount of $14,400.00

WHEREAS, Nisivoccia & Company, LLP is the Township of Vernon’s auditor and hasbeen since 2008; and

WHEREAS, the Township is in need for Specific Municipal Auditing Services for theevaluation of internal controls over the purchasing and cash disbursements functionsfor the Township of Vernon; and

WHEREAS, Bud Jones from Nisovoccia & Company, LLP, provided the Township a proposal for these services for a cost not to exceed $14,400.00 and delivered to theCouncil the Final Internal Controls Report at the October 8, 2009 Council Meeting.

WHEREAS, the Chief Finance Officer has certified that funds in the amount of $14,400.00 are available for this purpose in Account #101218 as referenced on purchase order #26794.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Township of Vernon that the invoice from Nisivoccia & Company, LLP in the amount of $14,400.00 be paid from Account #101218.

Mr. Zuckerman informed the Council that the referenced audits were authorized by the Township Manager in March 2008. This Resolution authorizes payment for the work performed.

Council Member Valerie Seufert made a motion to approve Resolution #10-22, seconded by Council Member Harry Shortway.

A roll call vote was taken:
Ayes: Richard Carson, Valerie Seufert, Harry Shortway, Michael Pier, Sally Rinker
Nays: None
Resolution #10-22 was approved.

Resolution #10-23: Authorizing the Township Manager to Carryover Vacation Time Accrued in 2008

WHEREAS, current Township of Vernon personnel policies and practices allow employees to carryover vacation time accrued during one calendar year to the immediately following calendar year; and

WHEREAS, current Township of Vernon personnel policies and practices allow employees to further carryover such accrued time to a second year only with the permission of the Township Manager; and

WHEREAS, the Township Director of Personnel has confirmed that the Township Manager currently has 8 available vacation days accrued to her in 2008 and which days were carried over into 2009; and

WHEREAS, the Township Manager desires to carry all or a portion of the 8 vacation days accrued in 2008 over into 2010 and requests that the Council grant approval to do so; and

WHEREAS, the Township Manager has been given notice that this matter will be discussed by the Council at its January 14, 2010 Regular Meeting.

NOW, THEREFORE, BE IT RESOLVED, by the Township Council for the Township of Vernon, County of Sussex, State of New Jersey, that the Township Manager is hereby authorized to carryover up to 8 vacation days accrued to her in 2008 into the calendar year 2010.

Resolution #10-23 was removed from the agenda.

Resolution #10-24: Awarding a Contract to Johnson Controls in the Amount Not to Exceed $1,500.00 for an Assessment and Estimate to Repair or Replace the Heating, Ventilation and Air Conditioning (HVAC) System within the Vernon Township Municipal Building

WHEREAS, the HVAC system in the Vernon Municipal building is malfunctioning; and

WHEREAS, the lack of a functioning HVAC system has and continues to cause discomfort for Township employees as well as the public who visits the building; and

WHEREAS, the Township Engineer has been instructed to solicit quotes from three (3) qualified HVAC Contractors for the purpose of assessing the HVAC system and providing a cost estimate to repair or replace the system; and

WHEREAS, price quotes were received from the following firms: Johnson Controls (Edison, NJ), S&R Mechanical (Andover, NJ) and the Reiner Group (Fair Lawn, NJ); and

WHEREAS, the Township Engineer has reviewed the quotes with the Construction Official and the Director of Public Works; and

WHEREAS, the above Township Officials recommend that the contract be awarded to Johnson Controls, Edison, NJ; and

NOW, THEREFORE BE IT RESOLVED by the Council of the Township of Vernon that a contract in the amount not to exceed $1,500.00 be awarded to Johnson Controls, Edison, NJ for the purpose of assessing the HVAC system and providing a price quote to repair or replace it; and

BE IT FURTHER RESOLVED that the Mayor of the Township of Vernon is hereby authorized to sign an agreement with Johnson Controls for said services.

Council Member Richard Carson made a motion to approve Resolution #10-24, seconded by Council Member Valerie Seufert.

A roll call vote was taken:
Ayes: Richard Carson, Valerie Seufert, Harry Shortway, Michael Pier, Sally Rinker
Nays: None
Resolution #10-24 was approved.

Resolution #10-25: Resolution to Adjust the Salaries of Former Employees of the Township of Vernon, County of Sussex and State of New Jersey for the Years of 2008 and 2009

NOW THEREFORE BE IT RESOLVED by the Township Council of the Township of Vernon, County of Sussex, State of New Jersey, that the Salaries of Former Employees of the Township of Vernon, County of Sussex, and State of New Jersey for the Years 2008 and 2009, shall be retroactively adjusted and paid under the same terms as provided to current Administrative Group employees. Figures shown represent retroactive amounts due the former employees, unless otherwise indicated, and shall be prorated to date of separation.

NamePostionAmount Due
A. Boltz Principal Sanitary Inspector $1,901.89
C. Davey Principal Sanitary Inspector $2,171.11
R. Unhoch Principal Sanitary Inspector $2,239.15
G. Martinsen Sanitary Inspector $863.56
S. Cooper Clerk Typist $199.88
E. Geweeke Graduate Public Health Nurse $345.18
J. Fette Building Subcode Official $1,413.46
P. McPeak Animal Attendant on Call $156.11
T. Whalen Tax Collector $1,299.02
J. Schenk Administrative Clerk $1,671.15
J. Schwinn Clerk Typist $760.25
T. Davis Fire Official $106.73
G.Gardner Director Comm Develp/Asst. Mgr $406.56
M. Goscicki CFO $1,776.14
P. Lycosky Municipal Clerk $1,263.39
M. Yelinko Land Use Administrator $1,296.09
D. Fox Technical Asst/Land Use $824.04
D. Perry Technical Asst/Land Use $327.38
D. Collins Animal Handler $269.57
M. Cianci Public Health Nurse Supervisor $926.75

Council Member Valerie Seufert made a motion to approve Resolution #10-25, seconded by Council Member Richard Carson.

A roll call vote was taken:
Ayes: Richard Carson, Valerie Seufert, Harry Shortway, Michael Pier, Sally Rinker
Nays: None
Resolution #10-25 was approved.

Resolution #10-26: Resolution Appointing Fund Commissioner

WHEREAS, 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 Local Unit that Melinda Carlton, Township Manager, is hereby appointed as the Fund Commissioner for the Local Unit; 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.

It was noted that the Fund Commissioner represents the municipality at meetings of the Joint Insurance Fund (J.I.F.) The Risk Manager can also serve as an alternative Fund Commissioner.

Council Member Valerie Seufert made a motion to approve the Acting Manager as the Fund Commissioner or the Risk Manager in the absence of the Manager, seconded by Council Member Harry Shortway.

Council Member Valerie Seufert made a motion to approve Resolution #10-19, seconded by Council Member Harry Shortway.

A roll call vote was taken:
Ayes: Richard Carson, Valerie Seufert, Harry Shortway, Michael Pier, Sally Rinker
Nays: None
Resolution #10-26 was approved as amended.

First Reading on Proposed Ordinances

Ordinance #10-01: An ordinance regarding an increase in the employee health benefits plan annual premium contribution rate and copay amounts for all full-time township employees not subject to a collective bargaining agreement

Mayor Sally Rinker read Ordinance #10-01 by title only.

Council Member Richard Carson made a motion to approve Ordinance #10-01 upon introduction, seconded by Council Member Valerie Seufert.

Mayor Sally Rinker suggested shopping for healthcare plans for competitive rates.

Council Member Harry Shortway commented that is important to shop for competitive rates and comparable plans.

Council Member Valerie Seufert emphasized that shopping for competitive healthcare plan rates should be a high priority item.

A roll call vote was taken:
Ayes:
Nays: Richard Carson, Valerie Seufert, Harry Shortway, Michael Pier, Sally Rinker
Ordinance #10-01 failed.

Council Business

Appointments to Boards, Commissions and Committees

Mayor’s Appointment of Chairman to the Environmental Commission

Dennis Miranda

Mayor’s Appointment to the Board of Recreation

Jon Rosenberg, unexpired 5 year term ending 12/31/2013

Township Attorney John Ursin advised that the Council should conduct a re-vote on the appointment of Jason Rinker since the Mayor accidentally voted on his appointment during the Reorganization Meeting and should have abstained.

Deputy Mayor’s Appointment to the Board of Recreation

Jason Rinker, Alternative #1, 5 year term ending 12/31/2014

Council Member Richard Carson made a motion to approve the appointments, seconded by Council Member Valerie Seufert.

A voice vote was taken: All were in favor.

Council Appointment to the Economic Development Advisory Committee

Council Member Valerie Seufert made a motion to appoint John Bosma to the Economic Development Committee the appointment, seconded by Council Member Michael Pier.

A voice vote was taken: All were in favor.

Council appointment to the Senior Citizen’s Committee

Council Member Valerie Seufert made a motion to approve the appointment of Josephine Prisco to the unexpired term ending 12/31/2010, seconded by Council Member Harry Shortway.

A voice vote was taken: All were in favor.

Council Member Harry Shortway stated he would like the Council to reconsider going back to the five-day work week and commented that providing service is a premier concern and promotes effective governance. The Members of the Township Council unanimously agreed and asked the Acting Manager to begin the process to transition back to a 5-day work week.

Council Member Harry Shortway recommended promotion of Police personnel to fill two Seargent’s positions and one Lieutenant’s position stating vicarious liability concerns and needed supervisory succession planning due to retirements in the next few years.

Mayor Sally Rinker thanked the volunteers that offered to serve on the various Township Boards and Commissions.

Council Member Valerie Seufert asked that a meeting of the County Health Board be arranged as soon as possible.

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 Richard Carson. Motion seconded by Council Member Harry Shortway with all members voting in favor.

The Regular Meeting of the Township Council of the Township of Vernon was adjourned at 9:16 p.m.

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

Minutes approved: March 4, 2010