Minutes: November 10, 2022 6pm

YouTube of the November 10 council meeting 6pm 

This Special Meeting of the Township Council of the Township of Vernon was convened at 6:00 p.m. on November 10, 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 special meeting has been provided to the public and the press on November 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. The purpose of the special meetings will be: to approve Resolution #22-253 and any other business that may come before the Council.

ROLL CALL

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

SALUTE TO THE FLAG

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

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: Buccieri

SECOND: Tadrick

All members were in favor.

See no members of the public wishing to comment, Council President Rizzuto asked for a motion to close the meeting to the public.

MOVED: Lynch

SECOND: Buccieri

All members were in favor.

RESOLUTION

Resolution #22-253: Resolution of the Council of the Township of Vernon Providing Written Notice to the Business Administrator Of, and an Opportunity to Respond To, Charges Seeking His Removal for Cause Pursuant to N.J.S.A. 40:69A-36(e) and N.J.S.A. 40:69A-37(b)

Council President Rizzuto asked for a motion to pick resolution #22-253 off the table.

MOVED: Buccieri

SECOND: Lynch

All members were in favor.

Council President Rizzuto asked for a motion to consider resolution #22-253.

MOVED: Lynch

SECOND: Buccieri

A roll call vote was taken:

AYES: Buccieri, Lynch, Tadrick, Rizzuto

NAYES:        

ABSTAIN:

ABSENT:

Motion carries to consider resolution #22-253

A roll call vote was taken:

AYES: Buccieri, Lynch, Tadrick, Rizzuto

NAYES:        

ABSTAIN:

ABSENT:

Motion carries to approve resolution #22-253

RESOLUTION #22-253

RESOLUTION OF THE COUNCIL OF THE TOWNSHIP OF VERNON PROVIDING WRITTEN NOTICE TO THE BUSINESS ADMINISTRATOR OF, AND AN OPPORTUNITY TO RESPOND TO, CHARGES SEEKING HIS REMOVAL FOR CAUSE PURSUANT TO N.J.S.A. 40:69A-36(e) AND N.J.S.A. 40:69A-37(b)

WHEREAS, on September 12, 2022, the Township Council (“Council”) unanimously passed Resolution #22-220, which, in part, adopted the independent Investigation Report authored by Lavery, Selvaggi, Abromitis & Cohen, P.C. (“Investigation Report”) finding multiple systemic deficiencies and individual errors in connection with the November 2021 auction of Township owned property (“Municipal Land Sale”) resulting in the sale of property located at 6 Mondamin Road (“Mondamin Tower”) that included a Township owned radio tower and equipment; and

WHEREAS, the Investigation Report determined that the systemic deficiencies that lead to the sale of the Mondamin Tower were attributable to the Business Administrator and that the Business Administrator had also committed a series of individual errors in connection with the Municipal Land Sale; and

WHEREAS, the Council in Resolution #22-220 expressed the following:

• that the Business Administrator failed to adequately supervise, manage and conduct the Municipal Land Sale;

• that the Business Administrator had multiple opportunities to prevent the sale of the Mondamin Tower, but chose not to act on those opportunities, whether by acts of commission or omission;

• that the Business Administrator’s conduct and his failure to adequately supervise, manage and conduct the Municipal Land Sale, as detailed in the Investigate Report, was the primary causal factor in the Mondamin Tower being sold erroneously;

• that it had no confidence in the Business Administrator to perform the tasks required of the Township business administrator;

• that cause exists to justify its removal of the Business Administrator for the reasons set forth in Resolution #22-220 and as contained in the Investigative Report;

• the potential for the disruption to the Township which could ensue if the Council were to effectuate the removal of the Business Administrator and that the Mayor is the person to whom should fall the responsibility of remedying this error;

• that the Township Council provided the Mayor with a copy of the Investigative Report and informed the Mayor of its opinion regarding the Business Administrator, the Business Administrator’s conduct that resulted in the sale of the Mondamin Tower and its lack of confidence in the Business Administrator;

• that while the Business Administrator serves at the Mayor’s discretion, the Mayor had informed the Township Council that he will not terminate the Business Administrator’s employment, but instead offered to discipline the Business Administrator by suspending his pay for thirty-two (32) days;

• that while the Township Council believed that the Mayor’s proposed response was inadequate, it would not seek to remove the Business Administrator at that time, fully and completely placing the responsibility and ownership of the matter on the Mayor;

WHEREAS, despite the assurances to the Council by the Mayor that he would impose a thirty-two (32) day suspension on the Business Administrator, the Mayor has since refused to take any action against the Business Administrator in connection with the findings of the Investigative Report, the Municipal Land Sale or the sale of the Mondamin Tower; and

WHEREAS, the Council remains of the opinion that it has no confidence in the Business Administrator to perform the tasks required of him;

WHEREAS, N.J.S.A. 40:69A-36(e) and N.J.S.A. 40:69A-37(b) allow the Township Council to remove any municipal officer for cause;

WHEREAS, The Township Council, based on the findings of the Investigative Report, believes that the Business Administrator has engaged in the following infractions that would constitute cause for his removal pursuant to N.J.S.A. 40:69A-36(e) and N.J.S.A. 40:69A-37(b):

• Failure to perform duties, inefficiency or substandard performance;
• Conduct unbecoming a public employee; and
• Other sufficient cause

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

1.         The Township Council President or Vice President shall provide the Business Administrator notice in writing of the following charges no later than November 15, 2022 (“Notice”):

• Failure to perform duties, inefficiency or substandard performance;
• Conduct unbecoming a public employee; and
• Other sufficient cause

2.         The Notice shall advise the Business Administrator that he shall have the opportunity in Executive Session at the November 21, 2022 Special Township Council meeting to respond to the foregoing charges; and

3.         That immediately following the Executive Session, regardless of whether the Business Administrator chooses to respond to the charges, the Township Council shall vote on whether to remove the Business Administrator from his position for cause pursuant to N.J.S.A. 40:69A-36(e), N.J.S.A. 40:69A-37(b) and N.J.S.A. 40A:9-138.

CONSENT AGENDA

Resolution #22-259: Resolution Confirming James Sloan as Judge of the Vernon Township Municipal Court

Resolution #22-260: Resolution Authorizing the Execution of a Shared Services Agreement Between the Township of Vernon and the Vernon Township School District

Resolution #22-261: Resolution Authorizing the Execution of a Shared Services Agreement Between the Township of Vernon and the Township of Montague for Animal Control Services

Resolution #22-262: Resolution Authoring the Execution of a Shared Services Agreement Between the Township of Vernon and the Township of Lafayette for Animal Control Services

Resolution #22-263: Resolution Authorizing the Execution of a Shared Services Agreement Between the Township of Vernon and the Borough of Ogdensburg for Animal Control Services

Resolution #22-264: Chapter 159 Resolution Requesting Approval of Revenue and Appropriation Amending the 2022 Budget as a Revenue and Appropriation of $16,102.70

Council President Rizzuto asked for a motion to bring the consent agenda forward.

MOVED: Buccieri

SECOND: Lynch

A roll call vote was taken:

AYES: Buccieri, Lynch, Tadrick, Rizzuto

NAYES:        

ABSTAIN:

ABSENT:

Motion carries to approve the consent agenda.

RESOLUTION #22-259

RESOLUTION CONFIRMING JAMES SLOAN AS JUDGE OF THE VERNON TOWNSHIP MUNICIPAL COURT

WHEREAS, Judge James Devine has resigned from his position as Judge of the Vernon Township Municipal Court effective December 31, 2022; and

WHEREAS, the resignation is prior to the expiration of his appointment; and

WHEREAS, in accordance with N.J.S.A. 2B:12-4, the Mayor has appointed James Sloan to serve in the capacity of Judge of the Vernon Township Municipal Court to fill the remainder of the unexpired term.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Vernon, County of Sussex, New Jersey, that the Mayor’s appointment of James Sloan to serve in the capacity of Municipal Court Judge from January 1, 2023 to December 31, 2023 is hereby confirmed, to be compensated at an annual salary of $38,628.00 for the year 2023.

RESOLUTION #22-260

RESOLUTION AUTHORIZING THE EXECUTION OF A SHARED SERVICES AGREEMENT BETWEEN THE TOWNSHIP OF VERNON AND THE VERNON TOWNSHIP SCHOOL DISTRICT

WHEREAS, the Township of Vernon (“Township”) operates a gasoline and diesel pumping station to fuel its municipal fleet; and

WHEREAS, both the Township and Vernon Township School District (“District”) are desirous of providing the District access to the Township’s gasoline and diesel pumping station for the purposes of providing gasoline and diesel for the District vehicles; and

WHEREAS, the Township is willing to provide access to the Township’s gasoline and diesel pumping station to the District and this is deemed in the best interest of the Township; and

WHEREAS, such agreements are authorized pursuant to the Uniform Shared Services Consolidation Act, N.J.S.A. 40A:65-1 et. seq.; and

WHEREAS, a shared services agreement has been negotiated by and between the parties and that establishes the terms and conditions thereof.

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

1. The Mayor and City Clerk are authorized to execute the attached shared services agreement between the Township of Vernon and the Vernon Township School District to provide gasoline and diesel at the Township’s pumping station.

2. A copy of said agreement will be attached to this resolution and held on file in the Office of the Municipal Clerk.

3. A certified copy this resolution shall be forwarded to the Vernon Township School District.

RESOLUTION #22-261

RESOLUTION AUTHORIZING THE EXECUTION OF A SHARED SERVICES AGREEMENT BETWEEN THE TOWNSHIP OF VERNON AND THE TOWNSHIP OF MONTAGUE FOR ANIMAL CONTROL SERVICES

WHEREAS, the Township of Montague has requested that the Township of Vernon (“Township”) provide animal control services whenever there is a need for an animal control officer in the Township of Montague; and

WHEREAS, the request has been reviewed and approved by the appropriate Township officials; and

WHEREAS, the Township is willing to provide animal control services to the Township of Montague and this is deemed in the best interest of the Township; and

WHEREAS, such agreements are authorized pursuant to the Uniform Shared Services Consolidation Act, N.J.S.A. 40A:65-1 et. seq.; and

WHEREAS, a shared services agreement has been negotiated by and between the parties and that establishes the terms and conditions thereof.

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

1. The Mayor and Township Clerk are authorized to execute the attached shared services agreement between the Township of Vernon and the Township of Montague for animal control services.

2. A copy of said agreement will be attached to this resolution and held on file in the Office of the Township Clerk.

3. A certified copy this resolution shall be forwarded to the Mayor and Clerk of the Township of Montague.

RESOLUTION #22-262

RESOLUTION AUTHORIZING THE EXECUTION OF A SHARED SERVICES AGREEMENT BETWEEN THE TOWNSHIP OF VERNON AND THE TOWNSHIP OF LAFAYETTE FOR ANIMAL CONTROL SERVICES

WHEREAS, the Township of Lafayette has requested that the Township of Vernon (“Township”) provide animal control services whenever there is a need for an animal control officer in the Township of Lafayette; and

WHEREAS, the request has been reviewed and approved by the appropriate Township officials; and

WHEREAS, the Township is willing to provide animal control services to the Township of Lafayette and this is deemed in the best interest of the Township; and

WHEREAS, such agreements are authorized pursuant to the Uniform Shared Services Consolidation Act, N.J.S.A. 40A:65-1 et. seq.; and

WHEREAS, a shared services agreement has been negotiated by and between the parties and that establishes the terms and conditions thereof.

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

1. The Mayor and Township Clerk are authorized to execute the attached shared services agreement between the Township of Vernon and the Township of Lafayette for animal control services.

2. A copy of said agreement will be attached to this resolution and held on file in the Office of the Township Clerk.

3. A certified copy this resolution shall be forwarded to the Mayor and Clerk of the Township of Lafayette.

RESOLUTION #22-263

RESOLUTION AUTHORIZING THE EXECUTION OF A SHARED SERVICES AGREEMENT BETWEEN THE TOWNSHIP OF VERNON AND THE BOROUGH OF OGDENSBURG FOR ANIMAL CONTROL SERVICES

WHEREAS, the Borough of Ogdensburg has requested that the Township of Vernon (“Township”) provide animal control services whenever there is a need for an animal control officer in the Borough of Ogdensburg; and

WHEREAS, the request has been reviewed and approved by the appropriate Township officials; and

WHEREAS, the Township is willing to provide animal control services to the Borough of Ogdensburg and this is deemed in the best interest of the Township; and

WHEREAS, such agreements are authorized pursuant to the Uniform Shared Services Consolidation Act, N.J.S.A. 40A:65-1 et. seq.; and

WHEREAS, a shared services agreement has been negotiated by and between the parties and that establishes the terms and conditions thereof.

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

1. The Mayor and Township Clerk are authorized to execute the attached shared services agreement between the Township of Vernon and the Borough of Ogdensburg for animal control services.

2. A copy of said agreement will be attached to this resolution and held on file in the Office of the Township Clerk.

3. A certified copy this resolution shall be forwarded to the Mayor and Clerk of the Borough of Ogdensburg.

RESOLUTION #22-264

CHAPTER 159 RESOLUTION REQUESTING APPROVAL OF REVENUE AND APPROPRIATION AMENDING THE 2022 BUDGET

AS A REVENUE AND APPROPRIATION OF $16,102.70  

WHEREAS, N.J.S.A. 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget; and

WHEREAS, said Director may also approve the insertion of an item of appropriation for an equal amount; and

WHEREAS, the Township has been awarded a $16,102.70 National Opioid Settlement Proceeds Grant; and wishes to amend its 2022 budget for the difference of the awarded amount as a revenue.

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Vernon hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2022 in the sum of $16,102.70 which is now available as a revenue,

BE IT FURTHER RESOLVED that a like sum of $16,102.70 is hereby appropriated under the caption National Opioid Settlement Proceeds Grant.

COUNCIL COMMENTS

Council Member Lynch asked how the town is with diesel fuel.

Administrator Voelker explained that we have a primary and a secondary company if need be.

Council Member Tadrick had no comments.

Council Member had no comments.

COUNCIL PRESIDENT COMMENTS

Council President Rizzuto had no comments.

ADJOURNMENT

At 6:27 pm 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: November 28, 2022