Minutes: March 22, 2021

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The regular meeting of the Township Council of the Township of Vernon was convened at 7:00 p.m. on March 22, 2021 via Zoom Webinar in the Vernon Municipal Center, 21 Church Street, Vernon, New Jersey with Council President Harry Shortway presiding.

Statement of Compliance

Adequate notice of this meeting has been provided to the public and the press on January 6, 2021 and on January 7, 2021 and was posted on the bulletin board in the Municipal Building in accordance with the Open Public Meetings Act, N.J.S.A. 10:4-7.

Roll Call

Present were Council Members John Auberger, Andrew Pitsker, Kelly Weller and Council President Shortway. Also present were Mayor Howard Burrell, Business Administrator Charles Voelker, CFO Donelle Bright and Township Attorney Josh Zielinski.

Salute to the Flag

Council President Shortway led the assemblage in the salute to the flag.

Council Member Cilli entered the meeting at 7:05pm.

Proclamation

Child Abuse Prevention Month

Mayor Burrell read the proclamation.

Public Comments (For Current Agenda Items Only, Limited to 3 minutes per person)

Council President Shortway asked for a motion to open the meeting to public comments.
Moved: Kelly Weller
Second: John Auberger
All members present voted in favor.

Seeing no members of the public wishing to speak, Council President Shortway asked for a motion to close the meeting for public comments.
Motion: Andrew Pitsker
Second: John Auberger
All members were in favor.

Minutes

February 22, 2021 - Regular Meeting
March 3, 2021 - Budget Workshop Meeting
March 8, 2021 - Executive Session
March 8, 2021 - Regular Meeting

Council President Shortway asked for a motion to approve the above minutes.
Moved: Andrew Pitsker
Second: Toni Cilli

A roll call vote was taken:
Ayes: Auberger - March 3, 2021 Special, March 8, 2021 Executive, March 8, 2021 Regular Only, Cilli, Pitsker, Weller, Shortway
Nays:
Abstain: Auberger - February 22, 2021 Only Absent:

Resolutions

Resolution #21-84: Governing Body Certification of Compliance with the United States Equal Employment Opportunity Commission’s “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions under Title VII of the Civil Rights Act of 1964”

Council President Shortway asked for a motion to approve resolution #21-84.

Council Member Pitsker asked Business Administrator Voelker if anyone who hires in Vernon Township are aware of these documents.

Mr. Voelker said that only the Mayor is the hiring authority for the Township and he is acutely aware of these documents.
Moved: Andrew Pitsker
Second: Toni Cilli

A roll call vote was taken:
Ayes: Auberger, Cilli, Pitsker, Weller, Shortway
Nays:
Abstain:
Absent:
Motion passed to approve Resolution #21-84.

Resolution #21-84: Governing Body Certification of Compliance with the United States Equal Employment Opportunity Commission’s “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions under Title VII of the Civil Rights Act of 1964”

WHEREAS, N.J.S.A. 40A:4-5 as amended by P.L. 2017, c.183 requires the governing body of each municipality and county to certify that their local unit’s hiring practices comply with the United States Equal Employment Opportunity Commission’s “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964,” as amended, 42 U.S.C. § 2000e et seq., (April 25, 2012) before submitting its approved annual budget to the Division of Local Government Services in the New Jersey Department of Community Affairs; and

WHEREAS, the members of the governing body have familiarized themselves with the contents of the above-referenced enforcement guidance and with their local unit’s hiring practices as they pertain to the consideration of an individual’s criminal history, as evidenced by the group affidavit form of the governing body attached hereto.

NOW, THEREFORE BE IT RESOLVED, That the Township Council of the Township of Vernon, hereby states that it has complied with N.J.S.A. 40A:4-5, as amended by P.L. 2017, c.183, by certifying that the local unit’s hiring practices comply with the above-referenced enforcement guidance and hereby directs the Clerk to cause to be maintained and available for inspection a certified copy of this resolution and the required affidavit to show evidence of said compliance.

Resolution #21-89: Resolution Endorsing Intent to Include Step Placement Terms in the Township of Vernon and U.A.W. Local 2326 Collective Negotiations Agreement

Council President Shortway asked for a motion to approve resolution #21-89.
Moved: John Auberger
Second: None
No vote for Resolution #21-89

Resolution #21-90: Approving a Charitable Solicitor’s Permit: Vernon Township Fire Department

Council President Shortway asked for a motion to approve resolution #21-90.
Moved: Toni Cilli
Second: Andrew Pitsker

A roll call vote was taken:
Ayes: Cilli, Pitsker, Weller, Shortway
Nays:
Abstain: Auberger
Absent:
Motion passed to approve Resolution #21-90.

Resolution #21-90: Approving a Charitable Solicitor’s Permit: Vernon Township Fire Department

WHEREAS, Vernon Township Fire Department, PO Box 461, Vernon, NJ 07462, has made application for a Charitable Roadside Solicitor’s Permit for the purposes of soliciting funds on April 24, 2021, July 3, 2021 and October 2, 2021 at the intersection of Church/Main Street and State Highway 94; and

WHEREAS, in accordance with Ordinance 18-12, the Vernon Township Police Department has reviewed the necessary application found that all documentation is in order.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Vernon that approval be granted for a Charitable Roadside Solicitor’s Permit for Vernon Township Fire Department, PO Box 461, Vernon, NJ 07462 on April 24, 2021, July 3, 2021 and October 2, 2021 from 7:30 am to 4:00 pm at the intersection of Church/Main Street and State Highway 94 as depicted on the attached map, subject to the approval of the County of Sussex and State of New Jersey as needed.

BE IT FURTHER RESOLVED that the Township Clerk is hereby authorized to issue a Charitable Roadside Solicitor’s Permit to the aforesaid applicant in accordance with Chapter 428 of the Code of the Township of Vernon upon receipt of the approval from the County of Sussex.

Resolution #21-91: Emergency Temporary Appropriations

Council President Shortway asked for a motion to approve resolution #21-91.
Moved: Andrew Pitsker
Second: John Auberger

A roll call vote was taken:
Ayes: Auberger, Cilli, Pitsker, Weller, Shortway
Nays:
Abstain:
Absent:
Motion passed to approve Resolution #21-91.

Resolution #21-91: Emergency Temporary Appropriations

WHEREAS, an emergent condition has arisen in that the Township is expected to enter in contracts, commitments or payments prior to the 2021 budget and no adequate provision has been made in the 2021 temporary budget for the aforesaid purposes, and

WHEREAS, N.J.S. 40A:4-20 provides for the creation of an emergency temporary appropriation for said purpose, and

WHEREAS, the total emergency temporary appropriation resolutions adopted in the year 2021 pursuant to the provisions of Chapter 96, P.L. 1951 (N.J.S.A. 40A:4-20) including this resolution total:

CURRENT FUND $1,606,500.00

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Township of Vernon, in the County of Sussex, State of New Jersey, (not less than two-thirds of all the members thereof affirmatively concurring) that in accordance with the provisions of N.J.S.A. 40A:4-20:

1. Emergency temporary appropriations be and the same are hereby made in the amount of:

Current Fund

2. Said emergency temporary appropriations will be provided for in the 2021 budget.

3. That one certified copy of this resolution be filed with the Director, Division of Local Government Services.

Introduction of the 2021 Municipal Budget

Resolution #21-92: Introduction of the 2021 Municipal Budget

Council President Shortway asked for a motion to approve resolution #21-91 and introduce the 2021 Municipal Budget.
Moved: John Auberger
Second: Toni Cilli

A roll call vote was taken:
Ayes: Auberger, Cilli, Pitsker, Weller, Shortway
Nays:
Abstain:
Absent:
Motion passed to approve Resolution #21-92 and Introduce the 2021 Municipal Budget.

Resolution #21-92: Introduction of the 2021 Municipal Budget

BE IT RESOLVED that the Local Municipal budget of the Township of Vernon, County of Sussex, New Jersey for the fiscal year 2021 be approved by the Governing Body of the Township of Vernon, and the Clerk is hereby instructed to advertise in the New Jersey Herald on March 31, 2021 and that a final public hearing before passage will be held on April 26, 2021 at 7:00 P.M. at the Municipal Building 21 Church Street, Vernon and that said budget shall authorize total general appropriations of $27,812,490.00 and the anticipated revenues of $8,837,095.25 leaving an amount to be raised by taxes for municipal purposes of $18,975,394.75.

Public Hearing/2nd Reading of Ordinance

Ordinance #21-09: Calendar Year 2021 Ordinance to Exceed the Municipal Budget Appropriation Limits and to Establish a Cap Bank (N.J.S.A. 40A:4-45.14)

Council President Shortway read by title Ordinance #21-09.

Council President Shortway asked for a motion to open public hearing for Ordinance #21-09.
Moved: John Auberger
Second: Andrew Pitsker
All members were in favor.

Seeing no one wishing to come forward, Council President Shortway asked for a motion to close public hearing for Ordinance #21-09

Moved: Andrew Pitsker
Second: Kelly Weller
All members were in favor

Council President Shortway asked for a motion to adopt Ordinance #21-09.

Council Member Pitsker would like to amend this ordinance to 2% CAP. He feels that 3.5% is too high.

CFO Donelle Bright explained that the statute allows towns to go up to COLA rate which is 1%. In order to go up to the 1% and bank what we do not use, you can go up to 3.5%. She did reach out to the Township Auditor and was told you could choose any amount between 1% and 3.5%.

Mayor Burrell recommends a compromise of 2.5%

Council Member Cilli fears that if we are not here in 3 years, we can have a new Council come in and spend all of the banked money.

Ms. Bright explained that if we were to bank whatever percentage the Council chose this year, it gets capped. Increase in appropriations Cap and Cap banking has absolutely no effect on the amount raised by taxation. The Township is still governed by the Tax Levy Cap of 2%. Increasing the appropriations available cannot raise taxes. Appropriations are not allowed to be “spent” by the Cap bank. The only spendable expenses are in the approved 2021 budget and these are not approved expenses. The calculated number is a limit for future budgets to tap into if absolutely necessary. Ms. Bright explained that because of rising costs that are not controlled by the Municipality, the State created a law allowing the banking of funds not used in any given budget year to be permitted in the following 2 years if necessary. The Cap can be used to account for rising pension costs, rising healthcare costs or account for emergencies that are not classified as special emergencies by State law. The bank can be used to cover these expenses that are often outside of the COLA index each year. Increasing above COLA allows for the Township to set up an insurance policy or security deposit for the unknown. It allows the Township to not have to choose between using tax dollars to pay for an emergency or cut services to the community.

Council President Shortway said if you do not come up with the difference where are you going to cut services, the DPW or the Police Department? Are we going to approve the Cap or cut services in case of an emergency?

Mayor Burrell said he would love for the Council to approve the 3.5% because the only money we can spend this year is what is in the budget. This just gives us the flexibility.

Council Vice President Auberger said he would be good at 2.5%.

Council Vice President Auberger made a motion to amend Ordinance #21-09 to 2.5% Cap bank. Seconded by Council Member Weller.
Moved: John Auberger
Second: Kelly Weller

A roll call vote was taken:
Ayes: Auberger, Cilli, Pitsker, Weller, Shortway
Nays:
Abstain:
Absent:
Motion passed to amend Ordinance #21-09 to 2.5% Cap bank.

Public Comments (Limited to 3 Minutes On Any Topic)

Council President Shortway asked for a motion to open the meeting for public comments.
Motion: Kelly Weller
Second: John Auberger
All members were in favor.

Natalie Buccieri - Vernon Township, thanked Harry Shortway for the response she received and she did get a response from Toni Cilli also. She asked why would a property that can not get hooked up to the sewer system and no opportunity for commercial use development cost so much? She feels that this is way to high and the property owner is lucky to get almost anything for it. Ms. Buccieri does not agree with waiting for cost analysis and we should know what the budget will be before we make purchases. Ms. Buccieri asked Council President Shortway what the Vernon pump track will be made of if it is not dirt and what will the $5000 to $14,000 maintenance fee include?

Jessi Paladini - Vernon Township, is in agreement with Natalie Buccieri comments. To purchase a piece of property that has no value and can never have sewer or septic and can never be developed even though three appraisals say it is commercial zoned, is outrageous. Green Aces guidelines generally say at most $10,000 an acre. Ms. Paladini asked about the part of the cleanup at the DPW site where there was supposed to be containers to contain the debris. She asked if the containers have been purchased or brought to the site? Ms. Paladini commented saying in 2012-2016 Harry Shortway criticized how many employees we had on our rooster. Ms. Paladini feels that in 2011 we had too many employees and employees who were not necessary. Ms. Paladini said Mayor Burrell should be ashamed of himself to allow Council President Shortway to publicly demean, bully, attack and harass an amazing volunteer Ed DeYoung on the EDAC. She called for Harry Shortway’s resignation.

Peg Distasi - Vernon Township, commented she agrees that the price of the property is way too high. She feels that the Mayor of Jersey City did the right thing by turning the Open Space funds into the budget to help his citizens. We do not need this piece of property. Ms. Distasi asked what is the status of her bullying complaint against Mike Furrey? She is calling for Mike Furrey’s resignation.

Seeing no other members of the public wishing to speak, Council President Shortway asked for a motion to close the meeting for public comments.
Motion: Andrew Pitsker
Second: Kelly Weller
All members were in favor.

Mayor’s Comments

Mr. Council President and other Council Members, time often seems to move very fast, and with this calendar year, for me that seems to be the case. Already, we find ourselves in our last Council meeting of this quarter.

As I review the first quarter of this year to this point in time, and through the lens of the results of significant first quarter matters in our town, it’s with enthusiasm that I share with you and our joint constituencies, the Vernon Township public, the strong optimism and belief that I have for, and in the future of, our town.

This strong optimism and belief springs from the many real and tangible things that I have seen and experienced during this first quarter of this year.

Let me just share with you just five of those things that have fueled my optimism:

1. With not quite three months gone in this year, there has already been three new entrepreneurs that have expressed their faith in the future of our town by opening their businesses here.

In addition, through their financial investments in documents such as permits, redevelopment plans, and/or other needed steps and actions, several other new commercial ventures have expressed their desire and intent to become a part of Vernon Township’s near-term economic and civic future;

2. Thanks to the supportive actions of the Mayor and Council, we have seen a resurgence in the number of our residents who are willing to step forward and serve as volunteers for our town. This is not just a notable factor, but also a very important one, because it’s the volunteers on our many boards, committees and commissions that make it possible for our town to provide our residents the type of services and conveniences that we could never afford to pay for;

3. In a March 3, 2021 meeting with the leadership of the Highlands Water Protection and Planning Council, they volunteered to Council President Shortway, Business Administrator Voelker, Municipal Planner Caldwell, Municipal Engineer Stoner, and me, that based on how we have conducted Highlands related matters, Vernon Township was what they called their “number one Highlands town.”

And on March 11, 2021, they followed up those complementary words with a letter advising me that they would pay the Land Conservancy of New Jersey the $12,000 that we would have to pay the Land Conservancy to update Vernon Township’s Open Space and Recreation Plan.

This is important because it means that by the Mayor and Council working smarter, as well as harder, we will be able to save our local taxpayers 12,000 local tax dollars;

4. The pride in, and affection for, our town that’s reflected in the gift that Vernon Township artist Kim Esposito gave to our town.

Ms. Esposito painted a 58-by-12-feet mural of the Stairway to Heaven section of the historic Appalachian Trail on the right-side wall of the Municipal Senior Center.

The art work is simply breathtaking, and enhances the appearance of the Senior Center, as it will the quality of our senior’s experience when they are able to again return to the center; and ...

5. Along with the town of Bay Head, the Borough of Freehold, the town of Denville, the town of Franklin Lakes, Hillsborough Township, Jefferson Township, / the city of Jersey City, and the town of Norwood, Vernon Township was one of only nine of New Jersey’s 565 municipalities that were selected to be recognized as one of New Jersey’s 2020 Healthy Towns to Watch.

Now these first three months have, for sure, been filled with challenges; but that’s not surprising, because challenges are a natural part of life.

And as long as we as a governmental team don’t allow what we can’t do, to prevent us from doing what we can do, together, we will be able to continue to MOVE VERNON FORWARD towards that optimistic future!

Township Administrator Charles Voelker gave an update on the Short-Term Rental Ordinance:

• Short-Term Rental Ordinance 20-09 became effective 5/4/20. It explained the procedure for registering all properties being advertised and rented for that purpose.
• Host Compliance was hired by the Township in June of 2020 to assist us with the management of the STR process.
• There are approximately 130 STRs in Vernon, despite the fact that previous estimates have been higher. Approximately one third of these STRs are located inside of several hotels in Vernon. At the present time, we are not registering any condos that are in hotels, since the Fire Marshal inspects that entire building. These STRs are still paying their 3% tax, even though we are not collecting a registration fee.
• Based upon Ordinance 20 -07, passed in April of 2020 and forwarded to NJ Division of the Treasury, we became eligible to receive the 3% Hotel Occupancy Tax since June of 2020. It has collected by two major platforms since that time, AirBnB and VRBO (also known as Home Away). These two platforms handle approximately 95% of the rentals in Vernon.
• Due to issues with the Host Compliance transitioning after being consolidated with Granicus, our registration process did not begin until January of 2021, when the first letter was sent to all of the properties in Vernon that were found to be on various rental platforms on-line. The company is now referred to as Host Compliance/Granicus.
• To date, we have just over 40 properties registered, most of which are condominiums in Great Gorge. The GG HOA is assisting us with mandating that all of their owners are in compliance with the Township Ordinance.
• It is easier for the condos to register, since they do not have property surveys like residential dwellings and they are on Suez water, which eliminates the need for a well test.
• Well tests can take at least several weeks to come back with the results, since that is a requirement to be submitted as per the ordinance. It must be submitted at the time of registration.
• Once all of the required documents are ready for submission, STR owners can complete the registration process on-line. Once they have completed the registration, paid the fee and we have received it, we check their documents to make sure they are complete, as well as contacting the Building Dept. to check on outstanding permits. They must be satisfied before we send the Fire Marshal to do an inspection.
• Once they pass inspection, they are given a placard to display in their front window. It has their registration number and the phone number to report violations, which is also on the Township website.
• The second and final warning letter will be sent out this week (3/22/2021) and any property that is not registered within 30 days will receive a summons, which carries a penalty/fine of $250 per day.

Council Member Cilli asked if these people renting are throwing huge parties or if anything else is happening that isn’t allowed?

Mr. Voelker explained there will only be so many parking spots and so many people allowed to stay at the rental. He said that there is a number on the placard to call which is Host Compliance and they decide where these complaints go next, whether the police immediately or the zoning department the next business day.

Council Comments

Vice President Auberger is in support of both Wantage and West Milford’s opposition to the compression station the gas company is proposing, and he feels we should draft a resolution for the next meeting.

Vice President Auberger said he recently needed an ambulance for a family member and he thanked the people who work on the first aide squads and he said they do a tremendous job.

Council Member Weller thanked the Vernon Police Department. While out running she hit the emergency button on her phone that alerted her emergency contract. The police were able to find her and make sure she was okay. Council Member Weller thanked them for their response.

Council Member Cilli asked if the snowflakes in town were going to be taken down.

Mayor Burrell said one of the fire departments take them down for us and it will be done before the next meeting.

Council Member Cilli said we really cannot give a cost analysis out until we go out to bid. We do not know the exact amounts.

Mayor Burrell said he will be bringing forth through the engineer an extensive analysis of the plan.

Council Member Pitsker gave a hat off to the Rotary Club and to Matt Brant of the Boy Scouts. This weekend he had the honor to work with RoseMary Polhemus and Peter Warren of the Rotary to obtain $1600.00 that they donated for the build of the planters for the fire hydrates that have been on the recreation, EDAC and the Beautification Committee’s list to do. The wood was picked up this weekend and dropped off at Matt Brant’s house and his Boy Scouts will build the planters. Council Member Pitsker said this is community coming together to work together.

Council President Comments

Council President Shortway said he was originally in support of a dirt track. He spoke many times with Dan Krause and we are moving to make an asphalt track. The initial expense is more but the maintenance is far less and it will last longer. In regards to maintenance, those are broad numbers given to us by our engineer. That include not just the track but the trail and it will depend on the RFP’s. As far as the price, those were our professional appraisers and the numbers were far less than many other pieces of property in town whether listed or one that recently sold for $160,000 an acre. The responses he sent were in cooperation with the Mayor. We spent a good many hours going through minuets and discussing the answers.

Adjournment

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

The Meeting of the Township Council of the Township of Vernon was adjourned at 8:05 p.m.

Respectfully submitted,
Marcy Gianattasio, RMC, CMR
Municipal Clerk

Minutes approved: April 12, 2021