Minutes: April 24, 2023

YouTube of the  April 24, 2023 council meeting

This Meeting of the Township Council of the Township of Vernon was convened at 7:00 p.m. on April 24, 2023 via Zoom Webinar and in the Vernon Municipal Center, 21 Church Street, Vernon, New Jersey with Council President Buccieri presiding.

STATEMENT OF COMPLIANCE

Adequate notice of this meeting has been provided to the public and the press on January 6, 2023 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 Buccieri led the assemblage in the salute to the flag.

ROLL CALL

Present were Council Members Peg Distasi, Bradley Sparta, Joe Tadrick and
Council President Natalie Buccieri. Also present were Mayor Howard Burrell, Administrator Tina Kraus, CFO Donelle Bright, Municipal Clerk Marcy Gianattasio and Township Attorney Marlin Townes.

Council Member Rizzuto was not present.

Council President Buccieri asked for a moment of silence for Council Member Rizzuto’s Son-in-Law who recently passed away.

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

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

MOVED: Tadrick

SECOND: Sparta

All members were in favor.

Steve Dunlop – questioned the funds dedicated to cleaning up the Wallace property and was concerned if there would be cooperation from Mr. Wallace.

CFO Bright explained that the grant is for $100,000 and the quote we received is for $89,000.

Jessica Paladini – questioned if there would be any taxpayer funds going to cleaning the Wallace property.

CFO Bright answered no.

Ms. Paladini questioned several items on the bills list.

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

MOVED: Tadrick

SECOND: Sparta

All members were in favor.

REVIEW OF BILLS LIST

The Council reviewed the bills list.

APPROVAL OF MINUTES

March 27, 2023 – Regular Meeting

March 29, 2023 – Special Meeting

April 10, 2023 – Regular Meeting

President Buccieri asked for a motion to approve the above listed minutes.

MOVED: Distasi

SECOND: Sparta

A roll call vote was taken:

AYES: Distasi, Sparta, Tadrick, Buccieri

NAYES:

ABSTAIN:

ABSENT: Rizzuto

Motion carries to approve the above listed minutes.

CONSENT AGENDA

Resolution #23-106: Approving a Charitable Solicitor’s Permit: Pochuck Valley Fire Department Inc

Resolution #23-107: Refund Overpayment (Block 465 Lot 28 Wells Fargo Real Estate Tax Services)

Resolution #23-108: Refund Overpayment (Block 531 Lot 160 Wells Fargo Real Estate Tax Services)

Resolution #23-109: Refund Overpayments (Various Block and Lots – Corelogic)

Resolution #23-110: Refund Overpayment (Block 451 Lot 77 – Title on Demand of NJ Inc.)

Resolution #23-111: Refund Overpayment (Block 542 Lot 7 – Weichert Title Group)

Resolution #23-112: Refund for Totally Disabled Veteran (Block 491 Lot 27 – Reffelt)

Resolution #23-113: Canceling Taxes for Total Disabled Veteran (Block 491 Lot 27 – Reffelt)

Resolution #23-114: Refund for Totally Disabled Veteran (Block 510 Lot 33 – Santana)

Resolution #23-115: Canceling Taxes for Total Disabled Veteran (Block 510 Lot 33 – Santana)

Resolution #23-116: Refund for Totally Disabled Veteran (Block 3 Lot 16 – Finnigan)  

Resolution #23-117: Canceling Taxes for Total Disabled Veteran (Block 3 Lot 16 – Finnigan)

Resolution #23-118: Refund for Totally Disabled Veteran (Block 361 Lot 12 – Wallace)

Resolution #23-119: Canceling Taxes for Total Disabled Veteran (Block 361 Lot 12 – Wallace)

Resolution #23-120: Refund for Totally Disabled Veteran (Block 54 Lot 2 - Brennan)

Resolution #23-121: Refund for Totally Disabled Veteran (Block 54 Lot 2 – Brennan)

Resolution #23-122: Canceling Taxes for Total Disabled Veteran (Block 54 Lot 2 - Brennan)

Resolution #23-123: Refund for Totally Disabled Veteran (Block 462 Lot 24 - Koziel)

Resolution #23-124: Canceling Taxes for Totally Disabled Veteran (Block 462 Lot 24 - Koziel)

Resolution #23-125: Refund for Totally Disabled Veteran (Block 361 Lot 12 - Wallace)

Resolution #23-126: Authorizing the Award of a Required Disclosure Contract with Dewberry Engineers, Inc. Characterization of Fill Material – Wallace Property Located at 3 Silver Spruce Drive, Vernon Township, Sussex County

Resolution #23-127: Resolution of the Township of Vernon, County of Sussex, State of New Jersey, Authorizing the Procuring of Proprietary Software for Department of Public Works Operations through the Competitive Contracting Process

Resolution #23-128: Approving Active Volunteer Firefighter for Membership in the New Jersey State Fireman’s Association (Caratozzolo)

President Buccieri asked for a motion to approve the consent agenda.

MOVED: Tadrick

SECOND: Sparta

A roll call vote was taken:

AYES: Distasi, Sparta, Tadrick, Buccieri

NAYES:

ABSTAIN:

ABSENT: Rizzuto

Motion carries to approve the consent agenda.

RESOLUTION #23-106
APPROVING A CHARITABLE SOLICITOR’S PERMIT: POCHUCK VALLEY FIRE DEPARTMENT INC.

WHEREAS, Pochuck Valley Fire Department, 13 Lake Wallkill Road, Sussex, NJ 07461, has made application for a Charitable Roadside Solicitor’s Permit for the purposes of soliciting funds on May 27, 2023, July 1, 2023 and September 2, 2023 on County Route 565 at the intersection of Lake Wallkill Road; 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 Pochuck Valley Fire Department, 13 Lake Wallkill Road, Sussex, NJ 07461on May 27, 2023, July 1, 2023 and September 2, 2023 from 8:00 am to 5:00 pm on County Route 565 at the intersection of Lake Wallkill Road 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 #23-107
REFUND OVERPAYMENT
(Block 465 and Lot 28 Wells Fargo Real Estate Tax Services)

BE IT RESOLVED, by the Council of the Township of Vernon, Vernon, New Jersey, that a warrant be drawn to Wells Fargo Real Estate Tax Services in the amount of $1355.47 representing refund for overpayment of the following property taxes:

OWNER	BLOCK	LOT	REFUND AMOUNT
Zaloum	465	28	$1355.47
		TOTAL:	$1355.47

 

Zaloum- refund for overpayment totaling $1355.47 of 3rd qtr. 2022 property taxes for Block 465 Lot 28 also known as 102 Poplar Lane, Highland Lakes, NJ 07422.

RESOLUTION #23-108
REFUND OVERPAYMENT
(Block 531 and Lot 160 Wells Fargo Real Estate Tax Services)

BE IT RESOLVED, by the Council of the Township of Vernon, Vernon, New Jersey, that a warrant be drawn to Wells Fargo Real Estate Tax Services in the amount of $635.49 representing refund for overpayment of the following property taxes:

OWNER	BLOCK	LOT	REFUND AMOUNT
Cahill	531	160	$635.49
		TOTAL:	$635.49

 

Schrek- refund for overpayment totaling $635.49 of 3rd qtr. 2022 property taxes for Block 531 Lot 160.

RESOLUTION #23-109
REFUND OVERPAYMENT (CORELOGIC)

BE IT RESOLVED, by the Council of the Township of Vernon, Vernon, New Jersey, that a warrant be drawn to Corelogic in the amount of $3131.80 representing refund for overpayment for the following properties:

OWNER	BLOCK	LOT	REFUND AMOUNT
Alakpa	515	7	$3131.80
		TOTAL:	$3131.80

Conover- refund for overpayment totaling $3131.80 of the 1st qtr. 2023 property taxes for Block 515 Lot 7.

RESOLUTION #23-110
REFUND OVERPAYMENT
(Block 451 Lot 77 – Title on Demand of NJ Inc.)

BE IT RESOLVED, by the Council of the Township of Vernon, Vernon, New Jersey, that a warrant be drawn to Title on Demand of NJ Inc. in the amount of 923.59 representing refund for overpayment of 3rd qtr. 2018 property taxes for Block 451 Lot 77.

OWNER	BLOCK	LOT	REFUND AMOUNT
Mattson	451	77	$923.59
		TOTAL:	$923.59

 

RESOLUTION #23-111
REFUND OVERPAYMENT
(Block 542 Lot 7- Weichert Title Group)

BE IT RESOLVED, by the Council of the Township of Vernon, Vernon, New Jersey, that a warrant be drawn to Weichert Title Group in the amount of $3181.62 representing refund for overpayment of 1st qtr. 2017 property taxes for Block 542 Lot 7.

OWNER	BLOCK	LOT	REFUND AMOUNT
Mentone	542	7	$3181.62
		TOTAL:	$3181.62

 

RESOLUTION #23-112
REFUND FOR TOTALLY DISABLED VETERAN
(Block 491 Lot 27 - Reffelt)

WHEREAS, THE DEPARTMENT OF VETERANS AFFAIRS awarded Robert Reffelt a 100% permanent and totally disabled veteran: and,

WHEREAS, the law exempts said property from taxation.

NOW, THEREFORE, BE IT RESOLVED, by the Council of the Township of Vernon hereby authorizes the Tax Collector to refund 1^st quarter 2023 property tax in the amount of $2,986.18 to Robert Reffelt.

FINALLY, BE IT RESOLVED, that a certified copy of this Resolution be forwarded to the Township Tax Collector.

           

RESOLUTION #23-113
CANCELING TAXES FOR TOTAL DISABLED VETERAN
(Block 491 Lot 27 - Reffelt)

WHEREAS THE DEPARTMENT OF VETERANS AFFAIRS awarded Robert Reffelt a 100% permanent and total disabled veteran; and

WHEREAS, the law exempts said property from taxation.

NOW, THEREFORE, BE IT RESOLVED, by the Council of the Township of Vernon authorizes the Tax Collector to cancel the taxes for 2023 in the amount of $2,986.25.

BE IT FURTHER RESOLVED, that a certified copy of this Resolution be forwarded to the Township Tax Collector.

RESOLUTION #23-114
REFUND FOR TOTALLY DISABLED VETERAN
(Block 510 Lot 33 - Santana)

WHEREAS, THE DEPARTMENT OF VETERANS AFFAIRS awarded Henry Santana a 100% permanent and totally disabled veteran: and,

WHEREAS, the law exempts said property from taxation.

NOW, THEREFORE, BE IT RESOLVED, by the Council of the Township of Vernon hereby authorizes the Tax Collector to refund 1^st quarter 2023 property tax in the amount of $1,510.28 to Corelogic.

FINALLY, BE IT RESOLVED, that a certified copy of this Resolution be forwarded to the Township Tax Collector.

RESOLUTION #23-115
CANCELING TAXES FOR TOTAL DISABLED VETERAN
(Block 510 Lot 33 - Santana)

WHEREAS THE DEPARTMENT OF VETERANS AFFAIRS awarded Henry Santana a 100% permanent and total disabled veteran; and

WHEREAS, the law exempts said property from taxation.

NOW, THEREFORE, BE IT RESOLVED, by the Council of the Township of Vernon authorizes the Tax Collector to cancel the taxes for 2023 in the amount of $1,510.28.

BE IT FURTHER RESOLVED, that a certified copy of this Resolution be forwarded to the Township Tax Collector.

RESOLUTION #23-116
REFUND FOR TOTALLY DISABLED VETERAN
(Block 3 Lot 16 – Thomas Finnigan)

WHEREAS, THE DEPARTMENT OF VETERANS AFFAIRS awarded Thomas Finnigan a 100% permanent and totally disabled veteran: and,

WHEREAS, the law exempts said property from taxation.

NOW, THEREFORE, BE IT RESOLVED, by the Council of the Township of Vernon hereby authorizes the Tax Collector to refund 1^st quarter 2023 property tax in the amount of $1,125.56 to Thomas Finnigan.

FINALLY, BE IT RESOLVED, that a certified copy of this Resolution be forwarded to the Township Tax Collector.

RESOLUTION #23-117
CANCELING TAXES FOR TOTAL DISABLED VETERAN
(Block 3 Lot 16 - Finnigan)

WHEREAS THE DEPARTMENT OF VETERANS AFFAIRS awarded Thomas Finnigan a 100% permanent and total disabled veteran; and

WHEREAS, the law exempts said property from taxation.

NOW, THEREFORE, BE IT RESOLVED, by the Council of the Township of Vernon authorizes the Tax Collector to cancel the taxes for 2023 in the amount of $1,688.32.

BE IT FURTHER RESOLVED, that a certified copy of this Resolution be forwarded to the Township Tax Collector.

RESOLUTION #23-118
REFUND FOR TOTALLY DISABLED VETERAN
(Block 361 Lot 12 - Wallace)

WHEREAS, THE DEPARTMENT OF VETERANS AFFAIRS awarded Monique Wallace a 100% permanent and totally disabled veteran: and,

WHEREAS, the law exempts said property from taxation.

NOW, THEREFORE, BE IT RESOLVED, by the Council of the Township of Vernon hereby authorizes the Tax Collector to refund 4^th quarter 2022 property tax in the amount of $563.76 to Monique Wallace.

FINALLY, BE IT RESOLVED, that a certified copy of this Resolution be forwarded to the Township Tax Collector.

RESOLUTION #23-119
CANCELING TAXES FOR TOTAL DISABLED VETERAN
(Block 361 Lot 12 - Wallace)

WHEREAS THE DEPARTMENT OF VETERANS AFFAIRS awarded Monique Wallace a 100% permanent and total disabled veteran; and

WHEREAS, the law exempts said property from taxation.

NOW, THEREFORE, BE IT RESOLVED, by the Council of the Township of Vernon authorizes the Tax Collector to cancel the taxes for 2023 in the amount of $1,986.69.

BE IT FURTHER RESOLVED, that a certified copy of this Resolution be forwarded to the Township Tax Collector.

RESOLUTION #23-120
REFUND FOR TOTALLY DISABLED VETERAN
(Block 54 Lot 2 - Brennan)

WHEREAS, THE DEPARTMENT OF VETERANS AFFAIRS awarded Robert Brennan a 100% permanent and totally disabled veteran: and,

WHEREAS, the law exempts said property from taxation.

NOW, THEREFORE, BE IT RESOLVED, by the Council of the Township of Vernon hereby authorizes the Tax Collector to refund 4^th quarter 2022 property tax in the amount of $3105.20 to Robert Brennan.

FINALLY, BE IT RESOLVED, that a certified copy of this Resolution be forwarded to the Township Tax Collector.

RESOLUTION #23-121
REFUND FOR TOTALLY DISABLED VETERAN
(Block 54 Lot 2 - Brennan)

WHEREAS, THE DEPARTMENT OF VETERANS AFFAIRS awarded Robert Brennan a 100% permanent and totally disabled veteran: and,

WHEREAS, the law exempts said property from taxation.

NOW, THEREFORE, BE IT RESOLVED, by the Council of the Township of Vernon hereby authorizes the Tax Collector to refund 1^st quarter 2023 property tax in the amount of $3,009.99 to Robert Brennan.

FINALLY, BE IT RESOLVED, that a certified copy of this Resolution be forwarded to the Township Tax Collector.

RESOLUTION #23-122
CANCELING TAXES FOR TOTAL DISABLED VETERAN
(Block 54 Lot 2 - Brennan)

WHEREAS THE DEPARTMENT OF VETERANS AFFAIRS awarded Robert Brennan a 100% permanent and total disabled veteran; and

WHEREAS, the law exempts said property from taxation.

NOW, THEREFORE, BE IT RESOLVED, by the Council of the Township of Vernon authorizes the Tax Collector to cancel the taxes for 2023 in the amount of $3,009.99.

BE IT FURTHER RESOLVED, that a certified copy of this Resolution be forwarded to the Township Tax Collector.

RESOLUTION #23-123
REFUND FOR TOTALLY DISABLED VETERAN
(Block 462 Lot 24 - Koziel)

WHEREAS, THE DEPARTMENT OF VETERANS AFFAIRS awarded Darrin Koziel a 100% permanent and totally disabled veteran: and,

WHEREAS, the law exempts said property from taxation.

NOW, THEREFORE, BE IT RESOLVED, by the Council of the Township of Vernon hereby authorizes the Tax Collector to refund 1^st quarter 2023 property tax in the amount of $1,952.16 to Corelogic.

FINALLY, BE IT RESOLVED, that a certified copy of this Resolution be forwarded to the Township Tax Collector.

RESOLUTION #23-124
CANCELING TAXES FOR TOTAL DISABLED VETERAN
(Block 462 Lot 24 - Koziel)

WHEREAS THE DEPARTMENT OF VETERANS AFFAIRS awarded Darrin Koziel a 100% permanent and total disabled veteran; and

WHEREAS, the law exempts said property from taxation.

NOW, THEREFORE, BE IT RESOLVED, by the Council of the Township of Vernon authorizes the Tax Collector to cancel the taxes for 2023 in the amount of $1,952.16

BE IT FURTHER RESOLVED, that a certified copy of this Resolution be forwarded to the Township Tax Collector.

RESOLUTION #23-125
REFUND FOR TOTALLY DISABLED VETERAN
(Block 361 Lot 12 - Wallace)

WHEREAS, THE DEPARTMENT OF VETERANS AFFAIRS awarded Monique Wallace a 100% permanent and totally disabled veteran: and,

WHEREAS, the law exempts said property from taxation.

NOW, THEREFORE, BE IT RESOLVED, by the Council of the Township of Vernon hereby authorizes the Tax Collector to refund 1^st quarter 2023 property tax in the amount of $1,986.69 to Monique Wallace.

FINALLY, BE IT RESOLVED, that a certified copy of this Resolution be forwarded to the Township Tax Collector.

RESOLUTION #23-126
AUTHORIZING THE AWARD OF A REQUIRED DISCLOSURE CONTRACT WITH DEWBERRY ENGINEERS, INC. CHARACTERIZATION OF FILL MATERIAL –
WALLACE PROPERTY LOCATED AT 3 SILVER SPRUCE DRIVE, VERNON TOWNSHIP, SUSSEX COUNTY

WHEREAS, the Township has a need for Characterization of Fill Material at the location known as the Wallace Property, located at 3 Silver Spruce Drive, Vernon Township, Sussex County; and

WHEREAS, The Townships design engineer sought professional service proposals (N.J.S.A. 40A:11-5) in a required disclosure fashion, consistent with N.J.S.A 19:44A-20.5; and

WHEREAS, two (2) responses were received in the amounts to wit:

Excel Environmental Resources, Inc. $99,839.00

Dewberry Engineers, Inc. $89,593.80; and

WHEREAS the amounts to be expended will exceed the pay to play threshold of $17,500.00; and

WHEREAS, the service is a professional service as defined by N.J.S.A. 40A:11-2 and exempt from public bidding at N.J.S.A. 40A:11-5; and

WHEREAS, it is the recommendation of the Township Engineer to award Dewberry Engineers, Inc. the professional services contract based upon price and other factors for the Characterization of Fill Material at the location known as the Wallace Property, located at 3 Silver Spruce Drive, Vernon Township, Sussex County; and

WHEREAS, the Townships Qualified Purchasing Agent has reviewed the procurement and concurs with the appropriateness and legality of the procurement in accord with the New Jersey Local Public Contracts Law and the New Jersey Pay to Play Laws; and

WHERAS, Dewberry Engineers, Inc. has completed and submitted a Business Entity Disclosure Certification and a Political Contribution Disclosure form which certifies that Dewberry Engineers, Inc. have not made any reportable contributions to a political or candidate committee in the Township of Vernon in the previous one year, and that the contract will prohibit Dewberry Engineers, Inc. from making any reportable contributions through the term of the contract, and

WHEREAS the Chief Financial Officer hereby certifies that funds NOT TO EXCEED $89,593.800 are available in Line Item: G-02-40-719-00 DCA ARP Funds Grant.

NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the Township of Vernon authorizes the Mayor to enter into a contract with Dewberry Engineers, Inc. in the amount not to exceed $89,593.80 for Characterization of Fill Material at the location known as the Wallace Property, located at 3 Silver Spruce Drive, Vernon Township, Sussex County; and

BE IT FURTHER RESOLVED that the Business Disclosure Entity Certification and Political Contribution Disclosure form, Determination of Value be placed on file with this resolution.

RESOLUTION #23-127
RESOLUTION OF THE TOWNSHIP OF VERNON, COUNTY OF SUSSEX, STATE OF NEW JERSEY, AUTHORIZING THE PROCURING OF PROPRIETARY SOFTWARE FOR DEPARTMENT OF PUBLIC WORKS OPERATIONS THROUGH THE COMPETITIVE CONTRACTING PROCESS

WHEREAS, the Township of Vernon has a requirement of software solutions for the operations of all aspects of the Department of Public Works, including the capability to geolocate sewerage and storm water assets; and

WHEREAS such services are authorized under the New Jersey Local Publics Contract Law (N.J.S.A.40A:11-4.1(a)) to be procured through the competitive contracting process; and

WHEREAS the Township desires to evaluate such service offerings from vendors within the procedures as set forth in the New Jersey Local Publics Contract Law (N.J.S.A.40A:11-4.1 et. seq. and N.J.A.C. 5:34-4 et. Seq.,); and

WHEREAS the Township desires to enter into a contract for up to a five (5) year contract that will satisfy the needs of the Township; and

WHEREAS, as per statute the process will be administered by the Qualified Purchasing Agent (N.J.S.A 40A:11-4.5(d)).

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

The Qualified Purchasing Agent is hereby authorized to commence the competitive contract/ procurement as allowable under the New Jersey Local Publics Contract Law for software solutions for the operations of all aspects of the Department of Public Works, allowing for a minimum of 20 days’ notice after advertisement to receive responses, per Local Publics Contract Law.

RESOLUTION #23-128
APPROVING ACTIVE VOLUNTEER FIREFIGHTER FOR MEMBERSHIP IN THE
NEW JERSEY STATE FIREMEN’S ASSOCIATION (Caratozzolo)

WHEREAS, the Township Council recognizes the extraordinary contributions made by volunteer firefighters to our community and seeks to encourage their full participation in professional organizations; and

WHEREAS,  Vincent A Caratozzolo an active firefighter and member of the Vernon Volunteer Fire Department, is requesting approval to submit an application for membership to the New Jersey State Firemen’s Association.

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Vernon, Sussex County, New Jersey hereby approves Vincent A Caratozzolo for membership in the New Jersey State Firemen’s Association.

RESOLUTION

Resolution #23-129: Self-Examination of the 2023 Budget Resolution (as required by DCA)

President Buccieri asked for a motion to approve resolution #23-129.

MOVED: Tadrick

SECOND: Distasi

A roll call vote was taken:

AYES: Distasi, Sparta, Tadrick, Buccieri

NAYES:

ABSTAIN:

ABSENT: Rizzuto

Motion carries to approve resolution 23-129.

 

RESOLUTION #23-129
SELF-EXAMINATION OF 2023 BUDGET RESOLUTION
[as required by DCA]

WHEREAS, N.J.S.A. 40A:4-78b has authorized the Local Finance Board to adopt rules that permit municipalities in sound fiscal condition to assume the responsibility, normally granted to the Director of the Division of Local Government Services, of conducting the annual budget examination; and

WHEREAS, N.J.A.C. 5:30-7 was adopted by the Local Finance Board on February 11, 1997; and

WHEREAS, pursuant to N.J.A.C. 5:30-7.2 through 7.5, the Township of Vernon has been declared eligible to participate in the program by the Division of Local Government Services, and the Chief Financial Officer has determined that the local government meets the necessary conditions to participate in the program for the 2023 budget year.

NOW THEREFORE BE IT RESOLVED by the governing body of the Township of Vernon that in accordance with N.J.A.C. 5:30-7.6a & 7.6b and based upon the Chief Financial Officer's certification, the governing body has found the budget has met the following requirements:

1. That with reference to the following items, the amounts have been calculated pursuant to law and appropriated as such in the budget:
   1. Payment of interest and debt redemption charges
   2. Deferred charges and statutory expenditures
   3. Cash deficit of preceding year
   4. Reserve for uncollected taxes
   5. Other reserves and non-disbursement items
   6. Any inclusions of amounts required for school purposes.
2. That the provisions relating to limitation on increases of appropriations pursuant to N.J.S.A. 40A:4-45.2 and appropriations for exceptions to limits on appropriations found at N.J.S.A. 40A:4-45.3 et seq., are fully met (complies with CAP law).

3. That the budget is in such form, arrangement, and content as required by the Local Budget Law and N.J.A.C. 5:30-4 and 5:30-5.

4. That pursuant to the Local Budget Law:
   1. All estimates of revenue are reasonable, accurate and correctly stated,
   2. Items of appropriation are properly set forth
   3. In itemization, form, arrangement and content, the budget will permit the exercise of the comptroller function within the municipality.
5. The budget and associated amendments have been introduced and publicly advertised in accordance with the relevant provisions of the Local Budget Law, except that failure to meet the deadlines of N.J.S.A. 40A:4-5 shall not prevent such certification.
6. That all other applicable statutory requirements have been fulfilled.

BE IT FURTHER RESOLVED that a copy of this resolution will be forwarded to the Director of the Division of Local Government Services upon adoption.

PUBLIC HEARING 2023 MUNICIPAL BUDGET

President Buccieri asked for a motion to open the floor for public hearing of the 2023 Municipal Budget.

MOVED: Distasi

SECOND: Sparta

All members were in favor.

Steve Dunlop – is concerned about the budget and feels that it should not be approved tonight.

Tom McClachrie – expressed concern about the budget.

Jessica Paladini – expressed concern about the budget. She asked for the current tax rate and the new tax rate.

CFO Bright answered that the 2023 tax rate is 0.612 and the 2022 tax rate is 0.675.

Seeing no one from the public wishing to come forward, President Buccieri asked for a motion to close the public hearing of the 2023 Municipal Budget.

MOVED: Distasi

SECOND: Tadrick

All members were in favor.

BUDGET AMENDMENT RESOLUTION

Resolution #23-104: A Resolution Amending Budget

Resolution #23-104 was approved on April 10, 2023 but needed to be revoted on before the adoption of the 2023 budget.

President Buccieri asked for a motion to approve resolution #23-104.

MOVED: Sparta

SECOND: Buccieri

Council Member Sparta and Council Member Tadrick asked questions regarding the budget.

CFO Bright answered the questions.

Council Member Distasi would like to see the Council involved in the planning of the budget.

A roll call vote was taken:

AYES: Distasi, Sparta, Tadrick, Buccieri

NAYES:

ABSTAIN:

ABSENT: Rizzuto

Motion carries to approve resolution 23-104.

RESOLUTION #23-104
A RESOLUTION AMENDING BUDGET

WHEREAS, the introduction of the Local Municipal Budget for the Year 2023 was approved on March 27, 2023, and

WHEREAS, the public hearing on said Budget has not yet been held as advertised, and

WHEREAS, it is desired to amend the Introduced Budget,

NOW THEREFORE, BE IT RESOLVED, by the Township Council of the Township of Vernon, County of Sussex, that the following amendments to the approved Budget of 2023 be made:

                                                                                 From                    To                     Change

Current Fund

General Revenues

            1. Surplus Anticipated                                       1,150,000.00        2,065,000.00     +915,000.00

            3. General Revenues

                  (G) Special Items of Revenue

                          Hotel Occupancy Tax                           365,000.00           377,000.00        +12,000.00

            6. (a) Local Tax for Municipal Purposes           20,055,217.53      18,975,217.53   (1,080,000.00)

            Including Reserve for Uncollected Taxes

            7. Total General Revenues                                31,185,000.00      31,032,000.00   (153,000.00)

General Appropriations

            8. General Appropriations                                

            (A) Operations-within “CAPS”

                     General Government:

                          Revenue Administration S&W            161,000.00           156,000.00        (5,000.00)

                     Public Works Functions:

                          Streets and Roads Maintenance O/E    710,000.00           670,000.00        (40,000.00)

            Total Operations within “CAPS”                      17,280,499.00      17,235,499.00   (45,000.00)

            Total Operations Including Contingent             17,280,499.00      17,235,499.00   (45,000.00)

            within “CAPS”

                                                                                       From                   To                    Change

Current Fund

            (C) Capital Improvements – Excluded from “CAPS”

                     Capital Improvement Fund                         1,235,000.00        1,160,000.00      (75,000.00)

           Total Capital Improvements Excluded from “CAPS”                         1,906,350.00      1,831,350.00           (75,000.00)

           (H-2) Total General Appropriations for                  8,859,010.03        8,784,010.03      (75,000.00)

           Municipal Purposes Excluded from “CAPS”

           (M) Reserve for Uncollected Taxes                         2,524,583.97        2,491,583.97      (33,000.00)

           9. Total General Appropriations                              31,185,000.00      31,032,000.00    (153,000.00)

ADOPTION OF THE 2023 MUNICIPAL BUDGET

Resolution #23-130: Adoption of the 2023 Municipal Budget

Council President Buccieri read the first paragraph of resolution #23-130.

President Buccieri asked for a motion to approve resolution #23-130 and adopt the 2023 Municipal Budget.

MOVED: Sparta

SECOND: Distasi

Council Member Distasi feels that we must be prudent going forward with all expenses over the next year.

A roll call vote was taken:

AYES: Distasi, Sparta, Tadrick, Buccieri

NAYES:

ABSTAIN:

ABSENT: Rizzuto

Motion carries to approve resolution 23-130 and approve the 2023 Municipal Budget.

PUBLIC HEARING/2^ND READING OF ORDINANCES

Ordinance #23-12: Bond Ordinance Providing for the Acquisition of a New Fire Truck by the Township of Vernon, In the County of Sussex, New Jersey, Appropriating $845,300 Therefor and Authorizing the Issuance of $320,300 Bonds or Notes of the Township for Financing Such Appropriation

President Buccieri asked for a motion to open the floor for public hearing on ordinance #23-12.

MOVED: Sparta

SECOND: Distasi

All members were in favor.

Seeing no one from the public wishing to come forward, President Buccieri asked for a motion to close the public hearing on ordinance #23-12.

MOVED: Sparta

SECOND: Distasi

All members were in favor.

President Buccieri asked for a motion to approve ordinance #23-12.

MOVED: Rizzuto

SECOND: Tadrick

A roll call vote was taken:

AYES: Distasi, Sparta, Tadrick, Buccieri

NAYES:

ABSTAIN:

ABSENT: Rizzuto

Motion carries to approve ordinance #23-12.

 

ORDINANCE #23-12
BOND ORDINANCE PROVIDING FOR THE ACQUISITION OF A NEW FIRE TRUCK BY THE TOWNSHIP OF VERNON, IN THE COUNTY OF SUSSEX, NEW JERSEY, APPROPRIATING $845,300 THEREFOR AND AUTHORIZING THE ISSUANCE OF $320,300 BONDS OR NOTES OF THE TOWNSHIP FOR FINANCING SUCH APPROPRIATION.

BE IT ORDAINED BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF VERNON, IN THE COUNTY OF SUSSEX, NEW JERSEY (not less than two‑thirds of all the members thereof affirmatively concurring), AS FOLLOWS:

The improvement described in Section 3 of this bond ordinance is hereby authorized as a general improvement to be made or acquired by The Township of Vernon, in the County of Sussex, New Jersey. For the said improvement or purpose stated in said Section 3, there is hereby appropriated the sum of $845,300, said sum being inclusive of all appropriations heretofore made therefor and including the sum of $350,000 as the down payment for said improvement or purpose required by law and now available therefor by virtue of provision in a previously adopted budget or budgets of the Township for down payment or for capital improvement purposes and including also $175,000 from Fire Truck Reserves of the Township.

For the financing of said improvement or purpose, including for the purpose of applicable United States Treasury regulations the reimbursement of expenditures heretofore or hereafter made therefor, and to meet the part of said $845,300 appropriation not provided for by application hereunder of said down payment and Fire Truck Reserves, negotiable bonds of the Township are hereby authorized to be issued in the principal amount of $320,300 pursuant to the Local Bond Law of New Jersey. In anticipation of the issuance of said bonds and to temporarily finance said improvement or purpose, negotiable notes of the Township in a principal amount not exceeding $320,300 are hereby authorized to be issued pursuant to and within the limitations prescribed by said Local Bond Law.

a. The improvement hereby authorized and purpose for the financing of which said obligations are to be issued is the acquisition by purchase of new and additional firefighting equipment for the preservation of life and property in the Township, consisting of one (1) pumper truck for use by the Highland Lakes Fire Company of the Township, including all equipment, appurtenances, accessories and attachments necessary therefor or incidental thereto, all as shown on and in accordance with the plans and specifications therefor on file or to be filed in the office of the Township Clerk and hereby approved.

The estimated maximum amount of bonds or notes to be issued for said purpose is $320,300.

The estimated cost of said purpose is $845,300, the excess thereof over the said estimated maximum amount of bonds or notes to be issued therefor being the amount of the said $350,000 down payment for said purpose and the said $175,000 from Fire Truck Reserves of the Township.

The following additional matters are hereby determined, declared, recited and stated:

The said purpose described in Section 3 of this bond ordinance is not a current expense and is a property or improvement which the Township may lawfully acquire or make as a general improvement, and no part of the cost thereof has been or shall be specially assessed on property specially benefitted thereby.

The period of usefulness of said purpose within the limitations of said Local Bond Law, according to the reasonable life thereof computed from the date of the said bonds authorized by this bond ordinance, is ten (10) years.

The supplemental debt statement required by said Local Bond Law has been duly made and filed in the office of the Township Clerk and a complete executed duplicate thereof has been filed in the office of the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey, and such statement shows that the gross debt of the Township as defined in said Local Bond Law is increased by the authorization of the bonds and notes provided for in this bond ordinance by $320,300, and the said obligations authorized by this bond ordinance will be within all debt limitations prescribed by said Local Bond Law.

An aggregate amount not exceeding $60,000 for interest on said obligations, costs of issuing said obligations and other items of expense listed in and permitted under section 40A:2-20 of said Local Bond Law may be included as part of the cost of said improvement and is included in the foregoing estimate thereof.

All bond anticipation notes issued hereunder shall mature at such times as may be determined by the chief financial officer, the acting chief financial officer or the treasurer of the Township (the “Chief Financial Officer”) provided that no note shall mature later than one year from its date. The notes shall bear interest at such rate or rates and be in such form as may be determined by the Chief Financial Officer. The Chief Financial Officer shall determine all matters in connection with the notes issued pursuant to this bond ordinance, and the Chief Financial Officer’s signature upon the notes shall be conclusive evidence as to all such determinations. All notes issued hereunder may be renewed from time to time subject to the provisions of N.J.S.A. §40A:2-8. The Chief Financial Officer is hereby authorized to sell part or all of the notes from time to time at public or private sale at not less than par and to deliver them to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their dates to the dates of delivery thereof. The Chief Financial Officer is directed to report in writing to the governing body of the Township at the meeting next succeeding the date when any sale or delivery of the notes pursuant to this bond ordinance is made. Such report must include the principal amount, interest rate and maturities of the notes sold, the price obtained and the name of the purchaser.

The full faith and credit of the Township are hereby pledged to the punctual payment of the principal of and interest on the said obligations authorized by this bond ordinance. Said obligations shall be direct, unlimited obligations of the Township, and the Township shall be obligated to levy ad valorem taxes upon all the taxable property within the Township for the payment of said obligations and interest thereon without limitation of rate or amount.

The capital budget or temporary capital budget of the Township is hereby amended to conform with the provisions of this ordinance to the extent of any inconsistency herewith and the resolutions promulgated by the Local Finance Board showing all detail of the amended capital budget or temporary capital budget and capital program as approved by the Director, Division of Local Government Services, are on file with the Township Clerk and are available for public inspection.

This bond ordinance shall take effect twenty (20) days after the first publication thereof after final adoption, as provided by said Local Bond Law.

Ordinance #23-13: Ordinance of the Township of Vernon, County of Sussex, State of New Jersey,

   Amending Chapter 94 of the Code of the Township of Vernon Regarding the Police Division

President Buccieri asked for a motion to open the floor for public hearing on ordinance #23-13.

MOVED: Distasi

SECOND: Tadrick

All members were in favor.

Seeing no one else from the public wishing to come forward, President Buccieri asked for a motion to close the public hearing on ordinance #23-13.

MOVED: Sparta

SECOND: Tadrick

All members were in favor.

President Buccieri asked for a motion to approve ordinance #23-13.

MOVED: Sparta

SECOND: Tadrick

A roll call vote was taken:

AYES: Distasi, Sparta, Tadrick, Buccieri

NAYES:

ABSTAIN:

ABSENT: Rizzuto

Motion carries to approve ordinance #23-13.

ORDINANCE #23-13

ORDINANCE OF THE TOWNSHIP OF VERNON, COUNTY OF SUSSEX, STATE OF NEW JERSEY, AMENDING CHAPTER 94 OF THE CODE OF THE TOWNSHIP OF VERNON REGARDING THE POLICE DIVISION

WHEREAS, on February 4, 2021, P.L. 2021, c. 7, was enacted which requires the Civil Service Commission to exempt from the requirement to take an examination for an entry-level law enforcement position a person who has successfully completed a full Basic Course for Police Officers training at a school approved by the New Jersey Police Training Commission; and

WHEREAS, a municipal police department may hire a person exempt from the requirement to take an examination for an entry-level law enforcement position, upon the adoption of an ordinance or resolution by the governing body authorizing such hiring by the police department and the adoption of a conflict of interest and nepotism policy; and

WHEREAS, on September 13, 2021, the Township Council of the Township of Vernon adopted ordinance No. 21-30 to authorize the hiring of entry-level law enforcement officers without an examination; and

WHEREAS, on January 18, 2022, P.L. 2021, c. 406 was passed which amended P.L. 2021, c. 7; and

WHEREAS, a determination has been made that the municipal code concerning the Police Division needs to be amended in light of the passing of P.L. 2021, c. 406.

NOW, THEREFORE, BE IT ORDAINED by the Council of the Township of Vernon, County of Sussex, and State of New Jersey that the Township Code shall be amended as follows:

SECTION 1

Section 94-5 of the Municipal Code of the Township of Vernon is hereby amended as follows:

• 94-5. Requirements for probationary patrolman; appointment.

1. In accordance with L. 2021, c. 7 (N.J.S.A. 11A:4-1.3) and in the sole discretion of the appointing authority, probationary patrolmen may also be appointed without taking a competitive examination if they have successfully completed a full Basic Course for Police Officers training course at a school approved and authorized by the New Jersey Police Training commission.

SECTION 2

Each section of this ordinance is an independent section, and the holding of any section or part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity of constitutionality of any other sections or parts thereof.

SECTION 3

Any ordinances or parts thereof in conflict with the provisions of this Ordinance are hereby repealed as to their inconsistencies only.

SECTION 4

This Ordinance shall take effect immediately as provided by law.

PUBLIC COMMENTS (Limited to 5 Minutes Per Person)

President Buccieri asked for a motion to open the meeting for public comment.

MOVED: Sparta         

SECOND: Tadrick

All members were in favor.

Stephanie DiBrienza – questioned why she received a letter in reference to the tax reevaluation. She feels she is not due to get reevaluated at this time. Ms. DiBrienza would like a final cost for the pump track and trail. Ms. DiBrienza questioned when she will receive a response to an OPRA request she submitted. She asked how she can reach Council Member Distasi if she has any questions.

Jessica Paladini – expressed anger to Council Member Distasi because of Facebook posts. Ms. Paladini feels that employees and the Township Attorney need to learn the OPRA laws. Ms. Paladini is disappointed with the public hearing on the budget. She feels that the Council does have authority and say in the budget process.

Tom McClachrie – feels that there should be a list of job descriptions for employees and also a grading system.

Ann Larson – feels that budget process needs to be addressed more carefully and questions should be answered.

Steve Dunlop – expressed concern with the budget process and he hopes it is better in the future.

CFO Bright answered that the increase in the budget was because of three grants. This showed an appropriation and a revenue in the budget.

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

MOVED: Sparta         

SECOND: Tadrick

All members were in favor. 

MAYOR COMMENTS

MOVING VERNON FORWARD means that we must focus on a host of things, all at the same time. And that’s especially true during these somewhat unusual times in which we live - - times in which we all have a host of challenges invading our lives, all at the same time.

So, while my most recent focus has been on working close with the Council to put together a year 2023 Municipal Budget that both the Mayor and Council could agree on, I have not forgotten my commitment to the people of Vernon to do what I can to move forward efforts to find a cost effective and efficient way to clean up the major environmental scar that Joe Wallace created on the face of our town in the form of his awful illegal landfill.

As the result of meetings and discussions that I have personally had with Governor Murphy and our State Senator Steve Oroho about the Wallace illegal landfill, Vernon Township has been successful in obtaining a 100K$ grant from the New Jersey Department of Community Affairs for the purpose of hiring a Licensed Site Remediation Professional to conduct deep bore testing of the Wallace illegal landfill. 

Through the efforts of Business Administrator Kraus, Chief Financial Officer Bright, Municipal Engineer Stoner, and our Municipal Qualified Purchasing Agent Canning, the municipality obtained proposals from two highly regarded firms to conduct the required deep bore testing.

The work activities included in each organization’s proposal were in 100% compliance with requirements established by the NJDEP Bureau of Solid Waste Compliance & Enforcement; and of equal importance, is the fact that the costs listed in of both proposals were under the 100K$ grant amount that Vernon received from the New Jersey Department of Community Affairs.

With both proposals being very similar, I accepted the recommendation of Municipal Engineer Stoner and selected the proposal from Dewberry Engineers, the cost of which was 10K$ or 10% below the cost of the other proposal.

This deep bore testing will enable us to learn what are the levels of potentially toxic substances that are in this landfill. This is a step that’s necessary for us to understand the extent of the problem, and to formulate a plan to remediate any levels of toxicity to acceptable residential levels. 

I thank the Council for its passage of Resolution # 23-126 on tonight’s agenda, which gives me the authorization to sign a contract with Dewberry Engineers to perform this necessary work.

On behalf of the residents of Vernon Township, I also want to, again, thank the Honorable Senator Oroho for his indispensable efforts in enabling Vernon Township to obtain this funding to move forward our efforts to clean up the illegal Wallace land field. 

This month, the Statewide Insurance Fund rewarded Vernon Township’s robust and expansive safety and loss programs by selecting our Town to receive their Safety Program Award for our performance during 2022.

This award recognizes municipalities that maintain safety and risk management programs, that demonstrate an ongoing effort to improve those practices, and that are receptive to the recommendations of loss control professionals.

The achievement of this special award is significant, because Vernon’s safety and loss control programs not only contribute to our efforts to keep our employees and the public safe, they also contribute to our efforts to reduce the amount of tax dollars that the Town is required to pass on to homeowners for the cost of municipal employee’s injury time away from the job, and for the cost of insurance.

Programs of this nature are part of our municipality’s strategy to save the dollars of Vernon taxpayers, by not only worker harder, but by also working smarter!

April is National Volunteer Month. 

During the last four plus decades, it has been during this month that our nation has set aside to recognize and thank its many volunteers. 

Over the past three plus years, you have heard me repeatedly say:

• That our many volunteers are the heart and soul of some of our most important “Quality of Life” community organizations; 

• That our many volunteers are the backbone of much of what our town does in the way of making Vernon a better place to live and raise a family; and …

• That the key to Vernon’s widely recognized ability to provide a high volume and a high quality of community services in a cost effective and efficient manner, is due directly our large number of community volunteers and civic organizations.

While to some these statements may seem like simple clichés, they are not - - I make these statements because they are based on facts!

So, I take this opportunity, during National Volunteer Month, to thank our Volunteer Fire Fighters; to thank our Volunteer EMS Service members; to thank our volunteers on the Board of Recreation, the Beautification Committee, the Senior Citizen Committee, the Land Use Board, the Economic Development Advisory Committee, the MUA, the Environmental Commission, and all of the other volunteers that serve our town in so many ways.

It is said that the heart of a volunteer is never measured in size, but by the depth of the volunteer’s commitment to make a difference in the lives of others.

As to Vernon’s volunteers, I have found this to be a statement that’s absolutely true.

Thank you, our many volunteers!

COUNCIL COMMENTS

Council Member Distasi thanked everybody who was involved for the last ten years with bringing the Wallace unauthorized landfill to a close. It has been a long ten years with a lot of hard work by a lot of people. She hopes that this is the start of getting this remediated.

Council Member Distasi explained that what she posts on Facebook as Peg Distasi is her right. She does not discuss Council business but what is going on in the community and she has a right to do this.

Council Member Sparta asked at the last meeting for an answer to his question regarding the ARP funds received and the water expansion.

Business Administrator Kraus explained that a meeting was held with Veolia North America and we are waiting for their agreement to come through. They are updating their costs and their agreement is to make the upgrades with the well locations and make proper upgrades for the infrastructure in the town center. We should have updates with their pricing, and receive an agreement. Once we have an agreement, we can approach Council and give you a time frame. BA Kraus said it could take up to a year for any permits to go through for this.

CFO Bright explained that we had Dewberry Engineers draft cost estimates in 2021. We have been working with Veolia and we are on track with having the agreement and we are in the final stages of review on the agreement. Ms. Bright explained that the timeline for the ARP money, it must be appropriated by the end of 2024 and the cash must be spent by the end of 2026.

Council Member Tadrick would like a full account of the pump track and the trail.

Mayor Burrell explained that he has sent this in an email in the past and he will resend it in an email to the Council again.

COUNCIL PRESIDENT COMMENTS

Council President Buccieri thanked the Administration and the Council for all of the work regarding the budget. She understands the public concerns regarding some of the questions they had on the budget. Council President Buccieri hopes that going forward that there will be more interaction. She would be open to not just having a budget discussion early but also looking at things strategically as the year progresses and having that conversation.

Council Member Tadrick asked if the totals from the pump track and the trail could be posted on the website.

ADJOURNMENT

At 8:33pm Council Member Sparta made a motion to adjourn the meeting. Seconded by Council Member Distasi.

All were in favor.

Respectfully submitted,
Marcy Gianattasio, RMC, CMR
Municipal Clerk                                                                              

Minutes approved: May 8, 2023