Minutes: July 25, 2022

Youtube video of the July 25, 2022 council regular

This Meeting of the Township Council of the Township of Vernon was convened at 7:00 p.m. on July 25, 2022 via Zoom Webinar and in the Vernon Municipal Center, 21 Church Street, Vernon, New Jersey with Council President Patrick Rizzuto presiding.

STATEMENT OF COMPLIANCE

Adequate notice of this meeting has been provided to the public and the press on January 14, 2022 and on May 3, 2022 and was posted on the bulletin board in the Municipal Building in accordance with the Open Public Meetings Act, N.J.S.A. 10:4-7.

SALUTE TO THE FLAG

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

ROLL CALL

Present were Council Members Natalie Buccieri, Michael Furrey, Brian Lynch, Harry Shortway and Council President Patrick Rizzuto. Also present were Mayor Howard Burrell, Business Administrator Charles Voelker, Municipal Clerk Marcy Gianattasio and Township Attorney Josh Zielinski. 

PRESENTATION

Pamela Cronin – Short Term Rentals in Tall Timbers

Ms. Cronin asked the Council to postpone this presentation due to a last-minute development.

Township Attorney Zielinski updated the Council and public that he spoke to Ms. Cronin’s attorney and they will be scheduling a meeting with Tall Timbers and the Township to see if we can resolve concerns raised by Tall Timbers and the Township regarding short term rentals.

REVIEW OF BILLS LIST

The Council reviewed the bills list.

MAYOR COMMENTS

On this past Friday, I had the honor of representing our town at U.S. Congressman Josh Gottheimer’s Fifth District Hometown Heroes Ceremony held at the Hackensack Performing Arts Center in Hackensack, NJ.

This was a ceremony where Congressman Gottheimer presented Fifth District Hometown Heroes Awards to 35 outstanding individuals consisting of first responders, an active-duty military personnel, veterans, life-saving bystanders, volunteers, a life-saving police dog, community leaders, and other residents as a way of recognizing their dedication to helping improve the lives of their neighbors and others in their communities.

Vernon Township was recognized by having two of the winners of this prestigious honor as residents of our town. 

One resident was Vernon’s Senior of the Year, Ms. ELLEN MEIXNER. She was nominated for this honor by our outstanding Chief of Police, Mr. Dan Young.

In his nomination of Ms. MEIXNER, in addition to citing the important fact that she had been selected as Vernon Township’s Senior of the Year, Chief Young cited her active roles in the Vernon Cares organization; in providing food to shut-ins and seniors during the intense part of the COVID pandemic; in the planning and organizing of a group effort to provide purpose and love for a special young man in our community who lost his mother; and her work at a local church food pantry that provides food to families in need.

I add the fact that with pride and enthusiasm, Ms. MEIXNER also led the Gold Medal winning Vernon Senior Olympic Team in the greatly attended and highly successful Sussex County Senior Olympics Games, that was held in our town last month!  

The other Vernon honoree was Mr. CHRIS WYMAN. He had the honor of being recognized and nominated directly by Congressman Gottheimer.

In Congressman Gottheimer’s nomination comments, he cited Mr. WYMAN’s volunteer work with the Double V Rod & Gun Club to benefit disabled veterans. For this volunteer work, Mr. WYMAN was awarded an Appreciation and Recognition Certificate by the United States Department of the Interior Fish and Wildlife Service.  

He also cited Mr. WYMAN’s volunteer photography work for various non-profit and community groups including multiple American Legion Posts in Sussex County, the Vernon Township Economic Development Advisory Committee, the Vernon Township Board of Recreation, and the Vernon Township Chamber of Commerce; his service as a Vietnam War Era Navy veteran, and his involvement as a member of the Vietnam Veterans of America Wallkill Valley Vernon Chapter 1002, plus his involvement as a member of the Franklin American Legion Post 132, where he serve as the Post Historian and Photographer; along with his ongoing presentations at high schools and libraries of a patriotic program that he developed titled “HONORING A VETERAN”.

Based on the many people that Reba and I and our family have met during these 42 years that we have lived in Vernon Township, I know first-hand about the goodness, the fairness, and the kindness of the people of Vernon. And it was my honor and privilege to be present at Congressman Gottheimer’s Hometown Heroes Awards event, to see others in the Fifth Congressional District recognize and applaud just two examples of the many outstanding individuals that call Vernon their home.  

Congratulations Ms. MEIXNER and Mr. WYMAN; and thanks for bringing more pride and positive recognition to Vernon Township!

In November of last year, my office made a negative mistake, that was a part of a positive process for our town.

The positive process for the town was the municipality’s auction of excess municipal properties that:

1. Generated an infusion of 1.075M$ in new cash into the municipality’s General Fund.

We used 675K$ of that new cash in the very successful collaborative effort between the Mayor and Council to produce a 0% municipal property tax increase in the 2022 Municipal Budget; and …

2. Added 3.9M$ in new municipal ratables; new ratables that will generate at least another 110K$ in new annual tax dollars, based on current property assessments and the 2022 tax rate.  

However, the negative mistake that occurred in the process of conducting this sale of excess properties, was an error by my office in which we inadvertently sold a .18 of an acre parcel of municipal property that contained one of the municipality’s four Communications Repeater devices that we use to extend the range and quality of our overall communications ability into the Highland Lakes part of our 70 square mile town.

As I have said repeatedly, this was an administrative error that I am neither proud of nor pleased with; and, because this administrative error occurred on my watch as Mayor, I accept the responsibility for it. 

In all of my private and public comments to the Council and the public on this matter, I have acknowledged that there is normally always a cost to correct a mistake, and I did not expect this mistake to be an exception; however, I also committed to the Council and the public that I:

1. Would find a solution to this mistake that would be cost effective and efficient from the standpoint of the use of taxpayer dollars; and …

2. Would find a solution to this error which would ensure that at no time would the town or any of its agencies suffer any reduction or loss in the quantity or quality of its communications ability into the Highland Lakes part of our 70 square mile town.

On tonight I want to report to the public, as I have already reported to the Council, that I have kept both of those commitments.

With the strong support of a team consisting of Business Administrator Voelker, Chief of Police Young, and Chief Financial Officer Bright, I have negotiated an agreement to purchase back the property sold in error for a price that returns back to the purchaser (a) the full amount that he paid the town for the property, and (b) the documented Settlement and Title Charges, plus Insurance Cost, that he paid related to this purchase.

The agreed to total repurchase price is $25,000.

This solution is cost effective and efficient from the standpoint of the use of taxpayer dollars because 100% of the cost to purchase back this property will come not from taxpayer provided dollars, but from the 1.075M$ in cash that was generated from the town’s November 2021 sale of excess properties.   

The town’s auditor has confirmed to us that it’s permissible and appropriate for the town to pay all costs related to the purchasing back of this property from this General Fund account.

For all practical purposes, what this solution means is that rather than the town having generated 1.075M$ in cash from the November 2021 sale of excess properties, with the repurchase of this property, we will have generated a slightly smaller amount; specifically, approximately 1.049M$ in cash, rather than 1.075M$ in cash.

And at no time since we sold this piece of key property in error has the town or any of its agencies suffered any reduction or loss in the quantity or quality of its communications ability into the Highland Lakes part of our 70 square mile town.

Approximately two weeks ago I provided the Council, for their review and approval, appropriate background information and a copy of the repurchase agreement signed by me and the current property owners. 

On tonight’s agenda is Ordinance # 22-14, which requests the Council’s approval for me to execute this repurchase agreement. 

With the Council’s introduction of this ordinance tonight, and their final approval of this ordinance at the Council meeting on August 8, this mistake will have been corrected.

PUBLIC COMMENTS (For Current Agenda Items Only, Limited to 3 Minutes Per Person)

Council President Rizzuto asked for a motion to open the meeting to Public Comments.

MOVED: Furrey

SECOND: Buccieri

All members were in favor.

Motion passed to open the meeting to the public.

Rich Carson – Sussex, questioned why the people responsible for ordinance #22-14 are not paying the price to buy the property back out of their pockets. He said it is taxpayer’s money. Mr. Carson asked when will the investigation report be made public.

Township Attorney Zielinski explained that a report has been prepared and the Council is still deliberating over the report. In addition, there have been threats of litigation in relation to the report.

Steve Dunlop – Williamsville Estates, said that there was an urgent message sent to the Business Administrator two months before the sale and it was ignored or overlooked.

Council President Rizzuto recognized Mr. Dunlop’s son for becoming an Eagle Scout.

Camila Diresta – Glenwood, feels that the Mayor was very clear that the sale is not coming from the taxpayer’s but from the lots that were sold. She feels that the Mayor is fixing the problem.

Jessica Paladini – Vernon Township, feels that any money that comes in from the sale of property is the taxpayer’s money.

Frank Pietrowski – Vernon Township, thanked the Mayor for owning up to the mistake but he feels that whoever made the mistake should be paying for it. He questioned if there are any other mistakes being made.

Peg Distasi – Vernon Township, commented on ordinance #22-15 saying she would like to keep Zoom for the public but require that all Council Members be in attendance in person. Ms. Distasi agrees that the sale of the property is taxpayer’s money and she hopes whoever is responsible pays for the mistake.

Ann Larson – Vernon Township, feels that the money is the taxpayer’s money.

Bill Diresta – Vernon Township, feels that it is time to move on and we need to limit comments to less than five minutes.

Shawn Mazur – Vernon Township, feels that the sale of the public property should go through thew insurance company.

Seeing no one else from the public wishing to come forward, Council President Rizzuto asked for a motion to close the meeting to Public Comments.

MOVED: Lynch

SECOND: Buccieri

All members were in favor.

 CONSENT AGENDA

Resolution #22-191: Authorizing the Use of Morris County Cooperative Pricing Council for Proposed Improvements to Various Streets 2022

Resolution #22-192: Authorizing the Use of Morris County Cooperative Pricing Council for Proposed Improvements to Old Coach Road and Pleasant Valley Road

Resolution #22-193:  Resolution Authorizing a Sidebar Agreement Between Township of Vernon and AFSCME Local 3181 (Rank and File Unit)

Resolution #22-194:  Resolution Accepting the Completion of Road Improvements Project to Breakneck Road – Phase II

Resolution #22-195: Authorizing the Award of a Required Disclosure Contract for Jet Vac Repair

Council President Rizzuto asked to place resolutions #22-191 #22-192, #22-193, #22-194, #22-195 on the floor. 

MOVED: Lynch  

SECOND: Furrey

A roll call vote was taken:

AYES: Buccieri, Furrey, Lynch, Shortway, Rizzuto

NAYES:

ABSTAIN:

ABSENT:

Motion passed to approve resolutions #22-191 #22-192, #22-193, #22-194, #22-195

RESOLUTION #22-191

AUTHORIZING THE USE OF MORRIS COUNTY COOPERATIVE PRICINGCOUNCIL FOR PROPOSED IMPROVEMENTS TO VARIOUS STREETS- 2022

WHEREAS, the Township of Vernon has a need for contracting services for Proposed Improvements to Various Streets specifically Karen Road, Beaver Brook Road, Paddock Avenue and Lounsberry Hollow Road; and

WHEREAS the New Jersey Local Publics Contract Law (N.J.S.A. 40A:11-11) authorizes Township of Vernon by resolution, and without advertising for bids or obtaining quotations, purchase any goods or services under the Morris County Cooperative Pricing Council (MCCCP); and

WHEREAS, the Township has the need on a timely basis to purchase goods and services utilizing the Morris County Cooperative Pricing Council, duly authorized under law to extend contract pricing to local units, per N.J.A.C. 5:34-7.11 et. Seq.; and

WHEREAS, the Vernon Township Engineer recommends the Township Council award contracts for milling & paving, guide rails, line striping, through the use of the Morris County Cooperative Pricing Council to the following contractors:

1)   Milling & Paving: Tilcon New York, Inc. (Contract # 6) in an amount of $639,734.00; and

2)  Line Striping:  Denville Line Painting, Inc. (Contract #36) in an amount of $8,686.64; and

3)  Guide Rails: Road Safety Systems, LLC (Contract #26) in an amount of $23,600.00; and

WHEREAS, the Certified Municipal Finance Officer of the Township of Vernon has certified that the funds for these contracts are available in Account #C-04-22-010-01 Road Improvements.

NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of Vernon that the vendors Tilcon New York, Denville Line Painting, Inc., and Road Safety Systems be utilized for the Improvements to Old Coach and Pleasant Valley Roads through the respective Morris County Cooperative Pricing Council contracts at the amounts not to exceed listed herewith.

This Resolution shall take effect immediately according to law.

RESOLUTION #22-192

AUTHORIZING THE USE OF MORRIS COUNTY COOPERATIVE PRICING COUNCIL FOR PROPOSED IMPROVEMENTS TO OLD COACH ROAD AND PLEASANT VALLEY ROAD

WHEREAS, the Township of Vernon has a need for contracting services for Proposed Improvements to Old Coach and Pleasant Valley Roads; and

WHEREAS, the Morris County Cooperative Pricing Council advertised and received bids for milling & paving, roadway guide rails, line stripping, and sign materials; and

WHEREAS, the bids received allowed for vendors to extend their pricing to municipalities who are a member of the Morris County Cooperative Pricing Council, a State regulated County Contract Purchasing System; and

WHEREAS, the Vernon Township Engineer recommends the Township Council award contracts for milling & paving, guide rails, line striping, and sign materials (subject to final approvals from the New Jersey Department of Transportation) through the use of the Morris County Cooperative Pricing Council to the following contractors:

1)   Milling & Paving: Tilcon New York, Inc. (Contract # 6) in an amount of $262,054.00; and

2)  Line Striping:  Denville Line Painting, Inc. (Contract #36) in an amount of $6,249.42; and

3)  Guide Rails: Road Safety Systems, LLC (Contract #26) in an amount of $17,420.00; and

   4)  Garden State Highway Products, Inc., (Contract #28) in an amount of $694.15.

WHEREAS, the Certified Municipal Finance Officer of the Township of Vernon has certified that the funds for these contracts are available in Account #C-04-22-010-01 Road Improvements.

NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of Vernon that the vendors Tilcon New York, Denville Line Painting, Inc., Road Safety Systems and Garden State Highway Products, Inc. be utilized for the Improvements to Old Coach and Pleasant Valley Roads through the respective Morris County Cooperative Pricing Council contracts at the amounts not to exceed listed herewith, subject to the final approval from the New Jersey Department of Transportation.

This Resolution shall take effect immediately according to law.

 RESOLUTION #22-193 

RESOLUTION AUTHORIZING A SIDEBAR AGREEMENT BETWEEN TOWNSHIP OF VERNON AND AFSCME LOCAL 3181 (RANK AND FILE UNIT)

WHEREAS, the Township of Vernon and AFSCME Local 3181 (Rank and File Unit) (“Union”) are parties to a collective negotiations agreement covering the period January 1, 2019 to December 31, 2021; and

WHEREAS, the negotiating committee ratified and approved the terms of a Memorandum of Understanding on May 9, 2022 for incorporation into a successor collective negotiations agreement for the period January 1, 2022 through December 31, 2024; and

WHEREAS, Article VI, Section C (2) of the CNA provides for a negotiated system of Step progressions for Laborers in Group I; and

WHEREAS, the Township desires to clarify the timing of Step placement for employees in Group I who obtain their commercial drivers license (CDL) after the date of hire; and

WHEREAS, the negotiating committee for the Township has recommended the terms of the attached Sidebar Agreement dated June 30, 2022, which the Union has ratified; and

NOW, THEREFORE, the Township and AFSCME agrees as follows:

1. Under Article VI, a Laborer who has been trained as a CDL driver through military service prior to date of hire by the Township, but who has not taken the CDL exam to receive a CDL from the State of New Jersey, will be hired at Step 1 of Group I, and then will progress to Step 3 upon receiving the CDL from the State, rather than having to wait the normal 6 month intervals for step progression in Group I. The new hire must give notice of completion of the training to the Director at the time of hiring in order to qualify for this accelerated progression.
2. A Laborer who has not completed the training for CDL driving at the time of hire will be hired at Step 1 and, if the employee completes the requisite training and obtains a CDL after the date of hire, the employee will progress through the normal step schedule and achieve Step 3 no earlier than 12 months after the date of hire.
3. The foregoing language shall be incorporated into the collective negotiations agreement between the parties. No other modifications shall be incorporated into the collective negotiations agreement absent a writing ratified by both parties.

A copy of this Resolution will be placed on file with the Clerk of the Township.

RESOLUTION #22-194

RESOLUTION ACCEPTING THE COMPLETION OF ROAD IMPROVEMENTS PROJECT TO BREAKNECK ROAD – PHASE II

WHEREAS, the Township awarded contracts for the Breakneck Road – Phase II Improvement Project to Tilcon New York, Inc., Denville Line Painting, and Road Safety Systems, LLC, awarded by Resolution #20-188 on September 14, 2020; and Resolution #20-236 on November 23, 2020, and

WHEREAS, the Breakneck Road – Phase II Improvement Project has been completed, and inspected as per the plans and specifications; and

WHEREAS, the Township Engineer has submitted a letter dated July 13, 2022 which states that the said contracts have been completed in full and that it is recommended that the Breakneck Road – Phase II Improvement Project be accepted by the Township Council.

NOW, THEREFORE BE IT RESOLVED, that the Vernon Township Council accept this project identified as Breakneck Road – Phase II Improvement Project as final and complete; and

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

 

RESOLUTION #22-195

AUTHORIZING THE AWARD OF A REQUIRED DISCLOSURE CONTRACT FOR JET VAC REPAIR

WHEREAS there is a need for Jet Vac repair for Vernon Township Department of Public Works; and

WHEREAS the Department of Public Works obtained quotes in accord with N.J.S.A. 19:44A-20.5 and N.J.S.A 40A:11-6.1; and

WHEREAS this is being awarded as a required disclosure contract in accord with N.J.S.A. 19:44A-20.5; and

WHEREAS, Jack Doheney Company has proposed a repair at the cost of $38,943.55, certified to be in excess of the in excess of the pay to play threshold; and

WHEREAS Jack Doheney Company, 777 Doheney Drive, Northville, MI has submitted a Business Entity Disclosure and Political Contribution Disclosure indicating there were no reportable contributions contrary to N.J.S.A. 19:44A-20.5; and

WHEREAS, the Chief Finance Officer has determined and certified in writing that the value of the contract is available for these purposes in Account #C-04-22-010.

Resolution #22-196:  Renewal of Inactive Liquor License (T&Z Holding Co. LLC) Requiring Special Ruling in the Township of Vernon for the 2022-2023 Licensing Term

Council President Rizzuto asked for a motion to place resolution #22-196 on the floor.

MOVED: Shortway

SECOND: Buccieri

Council President Shortway commented that in pocket and inactive liquor licenses are a state wide problem that restrict business opportunities. On January 25, 2021 Mayor Burrell explained the following: 

The owners of the license would like to make Heaven Hill Farm & Garden Center (outstanding business!) more of an entertaining local experience and not just a shopping trip. In addition to their garden center and other things that are currently offered, Heaven Hill would also like to offer adult refreshments and live music from local bands. In order to implement this business plan, they needed to get certain approvals from the Land Use Board (LUB). By the time that they applied for and received these needed LUB approvals at the end of the first quarter of last year, as a part of our state’s attempts to stop the spread of the COVID-19 virus, the governor implemented strict business use restrictions. T&Z Holding advised that they paid 250K$ for this liquor licenses, and they want to start getting some return on this purchase ASAP. They added that as soon as the COVID-19 business use restrictions are lifted to the point that they can implement their business plan related to the use of this liquor license, they will immediately do so. A LUB variance was approved on May 13, 2020. Additional LUB extensions have been granted. On May 24, 2021, Governor Murphy announced the lifting of major COVID-19 restrictions and moving forward with the State's most significant reopening steps to date, including the lifting of the indoor mask mandate and social distancing in most public spaces and the lifting of indoor gathering and capacity limits. 

Council Member Shortway made a motion to table resolution #22-196 until T&Z Holding Co. LLC appears before the governing body and present their business plan and answer any inquiries by this council. 

MOVED: Shortway

SECOND: Furrey

A roll call vote was taken:

AYES: Furrey, Lynch, Shortway

NAYES: Buccieri, Rizzuto

ABSTAIN:

ABSENT:

Motion passed to table resolutions #22-196

Resolution #22-197: Renewal of Inactive Liquor License (JD Vernon Lodge and Inn LLC) Requiring Special Ruling in the Township of Vernon for the 2022-2023 Licensing Term

Council President Rizzuto asked for a motion to place resolution #22-197 on the floor.

MOVED: Shortway

SECOND: Buccieri

Council Member Shortway made a motion to table resolution #22- 197 until JD Vernon Lodge and Inn LLC appear before the governing body and present their business plan and answer any inquiries by this council. 

MOVED: Shortway

SECOND: Furrey 

A roll call vote was taken:

AYES: Furrey, Lynch, Shortway

NAYES: Buccieri, Rizzuto

ABSTAIN:

ABSENT:

Motion passed to table resolution #22-197

INTRODUCTION OF ORDINANCES

 Ordinance #22-14 – Ordinance of the Township of Vernon, County of Sussex, State of New Jersey, Authorizing the Purchase of Real Property Located at Block 432, Lot 85 and Block 432, Lot 63 on the Tax Map of the Township of Vernon

Council President Rizzuto read by title Ordinance #22-14

Council President Rizzuto asked for a motion to place ordinance #22-14 on the floor for consideration

MOVED:  Buccieri

SECOND: Lynch

A roll call vote was taken:

AYES: Buccieri, Furrey, Lynch, Shortway, Rizzuto

NAYES:

ABSTAIN:

ABSENT:

Motion carries to introduce ordinance #22-14.

Ordinance #22-15 – An Ordinance of the Township of Vernon, County of Sussex, State of New Jersey, Amending and Supplementing Chapter 5 of the Municipal Code of the Township of Vernon

Council President Rizzuto read by title Ordinance #22-15

Council President Rizzuto asked for a motion to place ordinance #22-15 on the floor for consideration

Council Member Lynch made a motion to table ordinance #22-15. He would like the consequences listed in the ordinance for not attending the meetings.

MOVED:  Lynch

SECOND: Buccieri

A roll call vote was taken:

AYES: Buccieri, Lynch, Rizzuto

NAYES: Furrey, Shortway

ABSTAIN:

ABSENT:

Motion carries to table ordinance #22-15.

PUBLIC COMMENTS (For Current Agenda Items Only, Limited to 5 Minutes Per Person)

Council President Rizzuto asked for a motion to open the meeting to Public Comments.

MOVED: Buccieri     

SECOND: Lynch

A roll call vote was taken:

AYES: Buccieri, Furrey, Lynch, Shortway, Rizzuto

NAYES:

ABSTAIN:

ABSENT:

Motion carries to open the meeting to public comment.

Michael Glowacki – Vernon Township, is trying to build a patio cover over an existing deck and he is having a problem with the building department and health department. He cannot get the permit issued and asked why he has to go through the health department.

Rich Carson – Vernon Township, is confused by ordinance #22-14 because he does not understand the amount of money that is going to be spent to buy back the property and the investigation. Mr. Carson added that he feels that there is no danger or threats and it is perfectly safe to come to the meeting.

Steve Dunlop – Vernon Township, he does not understand why the whole Council is not attending meetings in person. He has asked since last fall if there could be a monitor installed so that everyone can see the Council meetings. Mr. Dunlop feels that there should be a penalty if the Council Members do not attend in person.

Bill Diresta – Vernon Township, feels that because the Council is not getting paid they should not have to attend meetings in person, and it is unheard of that they are not compensated.

Jessica Paladini – Vernon Township, feels that there needs to be a title search done on Black Creek Drive before any work is done on that road. Ms. Paladini spoke about summonses that were issued to residents for vacant and abandoned properties. She would like an investigation done because she feels that the summonses that were issued are governed by spite.

Peg Distasi – Vernon Township, feels that the Council was voted in and have a responsibility to attend meetings in person whether they get paid or not.

Stephanie DiBrienza – Vernon Township, feels that the Council should attend meetings in person. She does not believe there is a safety issue at the meetings.

Ann Larson – Vernon Township, feels that the Council should attend the Council meetings in person. Ms. Larson would like to see the town’s expenses on a running calendar on the Vernon website.

Camila Diresta – Glenwood, reminded everyone that we are still in a pandemic. She feels that it is okay for the Council to be on Zoom. Ms. Diresta feels the Mayor is trying to resolve the property auction issue. She questioned the investigation as far as the money to pay for it.

Frank Pietrowski – Vernon Township, feels that the Council should be at the meetings in person.

Shawn Mazur- Vernon Township, thanked Ms. Paladini for explaining the vacant and abandoned property ordinance. Mr. Mazur feels that the Council should do their due diligence before approving ordinances.

Seeing no other members of the public wishing to speak, Council President Rizzuto asked for a motion to close the meeting for Public Comments.

 

Council President Rizzuto asked for a motion to close the meeting to Public Comments.

MOVED: Lynch        

SECOND: Buccieri

All members were in favor.

COUNCIL COMMENTS

Council Member Shortway commented saying “The mass shooting epidemic, growing political discourse, the rise of social media (where facts and propaganda co-mingle diminishing the truth), and the tension that comes from a global pandemic, cause concern for potential violence.” Disruptive behavior exhibited by frustrated and angry citizens can prevent elected officials from doing their business and/or prevent citizens from safely commenting at public meetings for fear of reprisal. False criminal allegations by political opponents can result in tragedy in today’s volatile political climate as demonstrated on January 6, 2020 in our nation’s Capital.  Supporters of our most recent elected councilpersons have created (with purpose) a disruptive environment by their continued malicious false allegations of lawlessness by Mayor Burrell and me, as well as some Township employees. Our own ordinance calls for decorum at council meetings and the Chief of Police, or such member or members of the Police Department as the Chief may designate, shall be sergeant at arms of the Council meetings and shall be in attendance at Council meetings when requested by the Mayor and/or Council President. Although Mr. Furrey and I have requested a Sgt. of Arms at these meeting to deter disruptive and/or illegal behavior, our requests have been ignored. One only has to review the video of the June 24^th 2019 council meeting to see how fast a meeting can become chaotic. Decorum rapidly disintegrated including the lights were turned off in crowded council chamber.  This added to the disruption. Council President Jean Murphy requested the police be called followed by Mr. Zielinski’s pushing the emergency button.  Vernon police response time was two minutes.  Although a quick response that is far faster than the national police response average, violent outburst can occur resulting in injury well inside two minutes. Fortunately, no violence occurred, however, a government function was disrupted by our fellow residents. Those citizens in attendance were peaceful, caring friends and parents.  However, it only takes a spark when tempers are high to ignite disruption even by very good people. Deterrence increases public safety and Freedom of Expression. Failure to provide simple preventive measures i.e., the presence of a sergeant at arms inhibits some members of the governing body from conducting municipal business without a concern for the safety for all in attendance. Without lawful means of deterrence; the tension created by the few, disrupts the welfare of all.   

Council Member Shortway said to the Mayor that he respectfully request that a sergeant of arms be posted in the municipal hall front lobby during council meetings.  This request honors Mr. Rizzuto’s opinion that police officer not be present in the chamber as citizens may find the police officer’s presence intimidating.  

Council Member Shortway said it’s time for this Council and Administration to move forward and tackle real issues i.e., Legends, Town Center Water, sewer debt and operating costs paid to SCMUA for unused allocation. We should also legislate minimum standards for safety precautions to address backyard discharge of firearms during target practice. These issues cost taxpayers hundreds of thousands of dollars each year resulting in millions of dollars being owed to the Township, prohibit smart growth and jeopardize the safety of property and persons.  For example: 

The Township has 645,000 gallons per day allocation in reserve at the SCMUA’s treatment plant.  Users of the system are paying the debt, however, every property taxpayer in the Township is responsible for the bonds to reimburse SCMUA for the improvements.    

Resolution 13-202 increased our minimum payments for sewer allocation from 265,000 gallons per day to 461,000 gpd when we were only using 208,000 gpd.  This situation needs to be addressed to determine if a legal challenge is possible.  Sewer users are spending approximately $300,000 annually to treat air.  Since the resolution was passed, $3,000,000 of sewer user dollars have been paid to SCMUA to support their county operations. Both Mr. Rizzuto and Mr. Lynch supported Resolution 13-202.  I respectively request a comprehensive explanation be provided explaining their vote so I and others may understand why we increased the minimum allocation payments for service when we did not require it at that time or to this day. In addition, we should focus on economic sustainability through ecotourism and agritourism in NJ's Highlands Region with aggressive marketing. Address and solve these issues and real property tax relief can be realized as well as personal safety. 

Council Member Furrey commented saying, Mayor, Town Council and residents, my comments tonight are focused on one goal, to focus on the topics Vernon wants us to continue to work on:

Cannabis

I am pleased to report to the Council that there are business owners interested in starting a cannabis retail store in Vernon NJ. This will help bring much needed tax revenues that the township can use to help lower or stabilize taxes. There will be a written presentation given to you for review. I hope a resolution of support will be made at our next council meeting.

Bike Park and Trails

I have heard from many residents that they are really excited to bring an ADA compliant walking and biking trail to the township. This will complement the pump track that will help bring people to Vernon and help with the local economy. I hope everyone on the council can join together and help promote these two great amenities. Finally last week we met with Josh Gottheimer for a tour of the Appalachian Trail. The Congressman is interested in our efforts to expand on recreational amenities in Vernon NJ and he promises to continue seek funding in the future.

Water and Sewer Projects:

The water project is moving forward with the drafting of a much-needed agreement with our partner Veolia/Suez. I am happy to report that our council president has agreed to put a presentation on our agenda from our two engineering firms at a future meeting to be determined. This presentation will outline the reasons for a water supply in town center utilizing the ARP money approved by a previous council.

Sewer Update:

The MUA has made great progress on building a new pump station critical to sewer system operation. We hope to hear soon about our appeal with SCMUA and help lower rates for all sewer users. I will continue to work with the MUA on this critical asset.

Council Meeting Security:

As stated in the last meeting, I once again call upon the mayor to place a sergeant of arms at our council meeting for the safety of everyone to be placed in the lobby. Once this is confirmed, I will return in person to the meetings.

Council Member Lynch was not going to speak about ordinance #22-15 but he finds Council Members Furrey and Shortway’s comments laughable because they are comparing Uvalde, Texas, the murder of those young children to a Council meeting in Vernon. He also finds it laughable that two Council Members can sit home and point fingers at three Council Members who choose to do their jobs. Every time there is a Council meeting, we are here. Council Member Lynch said he understands that they are afraid, and he promises that if they come here nothing will happen to them.

Council Member Lynch would like to thank the Mayor for putting Karen Road on the list to get fixed.

Council Member Lynch would like to take steps to having 50% of the tax revenue received from cannabis cultivation go towards fixing the town roads and he would like that to come in the form of a resolution as soon as possible.

Vice President Buccieri is very glad that Mayor Burrell was able to renegotiate the repurchase of the Mondamin Road property and she is very happy that we will have that property back. However, Vice President Buccieri disagrees that tax dollars were not used for this purchase. The property sale last year brought in over a million dollars but those are all tax dollars. The properties that were sold were not on the tax rolls, thereby distributing whatever tax dollars would have been collected from these properties if they were privately owned to the rest of the taxpayers increasing their tax burden. Any dollars made from the sale of those properties offset that lack of payment. Depending how long taxes were not collected, what was paid at the auction, likely did not meet what had been missed over the years. To say the money used to repurchase this property is erroneous, every dime spent in the municipal budget is taxpayer’s money.

Council President Buccieri was invited to the Hometown Hero’s event but she was not able to attend. She wanted to acknowledge, Ms. Meixner and Mr. Wyman for having that honor and for the congressmen for inviting us to attend. It is an honor and a positive thing for Vernon.

COUNCIL PRESIDENT COMMENTS

Council President Rizzuto commented that on a number of occasions he has been asked as Council President to provide security in the form of a police officer or a plain clothed officer. His response has always been that he does not believe that a police officer, either in uniform or plain clothed belongs in a meeting hall where public dissent may be made. He feels that the presence of a uniform is an intimidation factor in itself and having somebody here in plain clothes is being deceitful to the people of the township that they guard. More than that, Council President Rizzuto has lived in the township for 55 years and he has known a lot of people and he has been to a lot of meetings. He has never felt threaten no matter how much the people got riled up. To rely on one of our own to protect us against one of our own, he finds troublesome. There are only three ways to get into this township and he does not think many people are going to take the trouble to find out how to do it. Council President Rizzuto finds the comments from Council Members Furrey and Shortway very disingenuous. He has spoken to them about this.

ADJOURNMENT

At 8:40pm Council Member Lynch made a motion to adjourn the meeting. Seconded by Council Member Buccieri.

All were in favor.

Respectfully submitted,
Marcy Gianattasio, RMC, CMR
Municipal Clerk      

Minutes approved: August 22, 2022