Minutes: November 21, 2022

YouTube of the November 21 council meeting

This Meeting of the Township Council of the Township of Vernon was convened at 6:00 p.m. on November 21, 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 16, 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, Brian Lynch, Joseph Tadrick and Council President Patrick Rizzuto. Also present were Mayor Howard Burrell, Municipal Clerk Marcy Gianattasio and Township Attorney Josh Zielinski.

SWEARING IN COUNCIL MEMBER BRADLEY D. SPARTA

Township Attorney Josh Zielinski administered the Oath of Office to Bradley Sparta

EXECUTIVE SESSION

Resolution #22-265 – Resolution to Enter into Executive Session Personnel Matters – Business Administrator

Council President Rizzuto asked for a motion to enter in executive session.

MOVED: Buccieri

SECOND: Tadrick

A roll call vote was taken:

AYES: Buccieri, Lynch, Tadrick, Sparta, Rizzuto

NAYES:

ABSTAIN:

ABSENT:

Motion carries to enter into executive session.

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: Lynch

SECOND: Buccieri

All members were in favor.

Jessi Paladini – Vernon Township, asked if the settlement agreement results would be made public.

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.

Resolution #22-267 – Resolution Approving Settlement and General Release with Charles G. Voelker Council President Rizzuto ask for a motion to place resolution #22-267 on the floor for consideration.

MOVED: Buccieri

SECOND: Lynch

A roll call vote was taken:

AYES: Buccieri, Lynch, Sparta, Tadrick, Rizzuto

NAYES:

ABSTAIN:

ABSENT:

Motion carries to approve resolution #22-267.

RESOLUTION #22-267

RESOLUTION APPROVING SETTLEMENT AND GENERAL RELEASE WITH CHARLES G. VOELKER

WHEREAS, Charles G. Voelker (“Voelker”) has served as the Business Administrator for the Township of Vernon (“Township”); and

WHEREAS, the Township Council of the Township of Vernon (“Township Council”) passed Resolution 22-253, which provided Voelker with notice that it may seek his removal for cause pursuant to N.J.S.A. 40:69A-36(e) and N.J.S.A. 40:69A-37(b) at the Township Council special meeting on November 21, 2022, for the following charges:

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

WHEREAS, Voelker disputes the Charges and further disputes that cause exists for his removal pursuant to N.J.S.A. 40:69A-36(e) or N.J.S.A. 40:69A-37(b) and has retained an attorney and threatened litigation on his removal as Business Administrator by the Township Council; and

WHEREAS, the Township Council disputes all the allegations and claims asserted by Voelker; and

WHEREAS, the Parties, through their respective representatives, rather than incur the expense and uncertainty of litigation, have conferred and come to an agreement for the resolution of the Charges and Voelker’s threatened litigation, which terms are memorialized in the settlement agreement and general release attached hereto;

WHEREAS, the Parties desire to compromise, finally settle, and fully release all claims which Voelker has, may have, or purports to have arising out of his employment with the Township;

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Vernon that the Township Council has reviewed and approves the settlement agreement and general release attached hereto and authorizes execution of the settlement agreement and general release that are substantially in the form attached hereto, subject to any non-substantive revisions or corrections that may be necessary.

COUNCIL COMMENTS

Council Member Buccieri welcomed Council Member Sparta to the Council.

Council Member Lynch welcomed Council Members Tadrick and Sparta to the Council.

Council Member Sparta explained that he would not be attendance at the November 28, 2022 meeting.

Council Member Tadrick welcomed Council Member Sparta.

COUNCIL PRESIDENT COMMENTS

Council President Rizzuto thanked everyone for the condolences for the passing of his wife. He wished everyone a happy and safe Thanksgiving.

ADJOURNMENT

At 6:33pm Council Member Lynch made a motion to adjourn the meeting. Seconded by Council Member Sparta.

All were in favor.

 

Respectfully submitted,
Marcy Gianattasio, RMC, CMR
Municipal Clerk      

Minutes approved: December 12, 2022