Minutes: February 16, 2023

YouTube of the  February 16, 2023 council meeting

This Meeting of the Township Council of the Township of Vernon was convened at 7:00 p.m. on February 16, 2023 via Zoom Webinar and in the Vernon Municipal Center, 21 Church Street, Vernon, New Jersey with Council President Vice 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, Patrick Rizzuto, Bradley Sparta, Joe Tadrick and
Council President Natalie Buccieri. Also present were Mayor Howard Burrell, Acting Co-Business Administrator and Donelle Bright, Municipal Clerk Marcy Gianattasio and Township Attorney Josh Zielinski.

Attorney Zielinski updated the Township Council on the SCUMA appeal. Mr. Zielinski explained that the trial court dismissed Vernon Township’s complaint claiming that it was time barred and that it sought to challenge a 2005 and 2008 bond ordinance. Unfortunately, today we received a written decision from the appellate division affirming the trail court and its decision. The appellate court agreed with the trial courts decision that the challenge to the SCUMA contract and rates were time barred because in the courts view, Vernon Township was seeking to challenge the 2005 and 2008 bond ordinance. Vernon Township raised several other arguments before the trail court and the appellate division ended their decision and said that they would not consider those arguments at all. Unfortunately, this leaves Vernon Township with a contract with SCUMA that requires them to pay significantly more for waste than other municipalities. If Vernon would still like to gain relief from that contract, this would have to be done through negotiations and not through the court system.

Council Vice President Rizzuto asked for a moment of silence for John McGowen who passed away on February 14, 2023.

Council President Buccieri announced that the Council, Mayor, Tax Assessor and County Tax Assessor are working on a date to hold a meeting to address concerns about the tax assessment program. This date will be announced when it is finalized.

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: Distasi

SECOND: Sparta

All members were in favor.

Mike Furrey – expressed disappointment in the SCUMA appeal decision. Mr. Furrey feels that it is great that the 3.4 million dollars was awarded to Vernon for the water and sewer system. Mr. Furrey commented on resolution #23-69 saying he highly recommends Kristen Wheaton to be reappointed to the MUA. Mr. Furrey also put in an application for the MUA and he hopes that the Council will consider him for the position that Andy Pitsker resigned from.

Jessica Paladini – was sorry to hear about the passing of John McGowen. Ms. Paladini commented that she did not see a resolution for a grant for Green Acres and she is disappointed about this. There is a deadline of March 1^st. Ms. Paladini feels that everyone knew that Vernon would lose the lawsuit. She wants to know how much tax payer’s money was paid for the lawsuit and appeal.

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: Sparta

SECOND: Distasi

 All members were in favor.

ITEM FOR DISCUSSION

Green Acres Grant

The Council discussed a Green Acres Urban Park’s grant application. There are several reasons why it is not feasible for Vernon Township to apply for this grant at this time. Vernon Township is not eligible for this grant as we are not considered an urban municipality. Vernon is not able to supply the required items needed to apply for the grant in a timely fashion. Vernon would not be able to advertise for the public hearing on time. Also, a resolution cannot be approved until after the public hearing is held, even if it is done at the same meeting.

REVIEW OF BILLS LIST

The Council reviewed the bills list.

MINUTES

January 23, 2023 - Regular Meeting

President Buccieri asked for a motion to approve the January 23, 2023 meeting minutes.

MOVED: Sparta

SECOND: Rizzuto

A roll call vote was taken:

AYES: Rizzuto, Sparta, Buccieri

NAYES:

ABSTAIN: Distasi, Tadrick

ABSENT:

Motion carries to approve the January 23, 2023 meeting minutes.

CONSENT AGENDA

Resolution #23-61: Authorize Award of a Required Disclosure Contract with Granicus for Compliance Software

Resolution #23-62:  Emergency Temporary Appropriations

Resolution #23-63:  A Resolution Approving Participation with the State of New Jersey Federal Grant program Administered by the New Jersey Department of Law and Public Safety, Office of the Attorney General

Resolution #23-64:  Approving a Charitable Solicitor’s Permit: Vernon Township Fire Department

Resolution #23-65:  Authorizing Contracts with Certain Approved State Contract Vendors AAA Emergency Supply Co. Inc. for Purchase of Volunteer Fire Department Gear

Resolution #23-66:  Authorizing the Release of Performance Bond from Veolia North America (Formally Suez Water New Jersey) For Service Connection Investigation Within Vernon Township

Resolution #23-67:  Resolution Authorizing the Sale of Surplus Vehicles or Equipment No Longer needed for Public Use on An Online Auction Website

Resolution #23-68:  Approving Active Volunteer Firefighter for Membership in the New Jersey State Firemen’s Association (Kazanecki)

Resolution #23-70:  Approving a Charitable Solicitors Permit: Glenwood Pochuck Volunteer Ambulance Corps Inc

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

MOVED: Distasi

SECOND: Sparta

A roll call vote was taken:

AYES: Distasi, Rizzuto, Sparta, Tadrick, Buccieri

NAYES:

ABSTAIN:

ABSENT:

Motion carries to approve the consent agenda.

RESOLUTION #23-61

AUTHORIZE AWARD OF A REQURIED DISCLOSURE CONTRACT

WITH GRANICUS FOR COMPLIANCE SOFTWARE

WHEREAS, the Township of Vernon has a need for contractor for its operations in service of the residents of the Township, through Granicus, 408 St. Peter Street, Suite 600, St. Paul, MN 55012 as a required disclosure contract pursuant to the provisions of N.J.S.A. 19:44A-20.4; and,

WHEREAS, the Sean Canning, Q.P.A., of the Canning Group, LLC has determined and certified in writing that the value of the acquisition will exceed $17,500 and the anticipated term of this contract is for the year of 2022-2023; and

WHEREAS, Granicus, 408 St. Peter Street, Suite 600, St. Paul, MN 55012, in the aggregate is expected to provide more than the pay to play threshold of $17,500.00; and  

WHEREAS, Granicus, 408 St. Peter Street, Suite 600, St. Paul, MN 55012, has completed and submitted a Business Entity Disclosure Certification and a Personal Contribution Disclosure form which certifies that Granicus has 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 Host Compliance LLC from making any reportable contributions through the term of the contract, and

WHEREAS, the subject to the governing bodies approval of future budgets the Chief Financial Officer hereby certifies that funds NOT TO EXCEED $30.232.87 are available in Line Item 3-01-20-100-20 General Administration Other Expenses (subject to the 2023 Budget).

NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the Township of Vernon authorizes the Business Administrator to enter into a contract with Granicus, 408 St. Peter Street, Suite 600, St. Paul, MN 55012, not to exceed $30.232.87 for the 2022-2023 budget year for short and long term rental monitoring and registration software;

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

RESOLUTION #23-62

Emergency Temporary Appropriations

WHEREAS, an emergent condition has arisen in that the Township is expected to enter in contracts, commitments or payments prior to the 2023 budget and no adequate provision has been made in the 2023 temporary budget for the aforesaid purposes, and

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

WHEREAS, the total emergency temporary appropriation resolutions adopted in the year 2023 pursuant to the provisions of Chapter 96, P.L. 1951 (N.J.S.A. 40A:4-20) including this resolution total:

Current Fund

PERS O/E                                                       $   635,839.00

                        PFRS O/E                                                       $1,317,561.00

                        GRANT-RADON AWARENESS                 $       2,000.00

 

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Township of

Vernon, in the County of Sussex, State of New Jersey, (not less than two-thirds of all the members thereof affirmatively concurring) that in accordance with the provisions of

N.J.S.A. 40A:4-20:

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

Current Fund

PERS O/E                                                       $   635,839.00

                        PFRS O/E                                                       $1,317,561.00

                        GRANT-RADON AWARENESS                 $       2,000.00

2. Said emergency temporary appropriations will be provided for in the 2023 budget.
3. That one certified copy of this resolution be filed with the Director, Division of Local Government Services.

RESOLUTION #23-63

A RESOLUTION APPROVING PARTICIPATION WITH THE STATE OF NEW JERSEY FEDERAL GRANT PROGRAM ADMINISTERED BY THE NEW JERSEY DEPARTMENT OF LAW & PUBLIC SAFETY, OFFICE OF THE ATTORNEY GENERAL.

WHEREAS, the Township of Vernon Police Department wishes to apply for funding of approximately $32,400 with a match of $132,362 in salary and fringe benefits for an approximate project total cost of $164,782 for a project under the State of New Jersey Safe and Secure Grant Program, Subaward Period: 2/7/23-2/6/24, Grant #23-1922; and

WHEREAS, the Council of the Township of Vernon has reviewed the accompanying application and has approved said request; and

WHEREAS, the project is a joint effort between the Department of Law and Public Safety and the Vernon Township Police Department for the purpose described in the application.

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

            1. As a matter of public policy the Vernon Township Police Department wishes to participate to the fullest extent possible with the Department of Law and Public Safety.

            2. The Attorney General will receive funds on behalf of the applicant.

            3. The New Jersey Department of Law and Public Safety, Office of the Attorney General shall be responsible for the receipt and review of the applications for said funds.

            4. The New Jersey Department of Law and Public Safety, Office of the Attorney General shall initiate allocations to each applicant as authorized.

            5. The Subrecipient’s Unit of Government/Non-Profit Organization is “authorized to accept” and/or “does accept” the Subaward.

RESOLUTION #23-64

APPROVING A CHARITABLE SOLICITOR’S PERMIT: VERNON TOWNSHIP FIRE DEPARTMENT

WHEREAS, Vernon Township Fire Department, County Rd 515, Vernon Township, NJ 07462, has made application for a Charitable Roadside Solicitor’s Permit for the purposes of soliciting funds on February 18-19, 2023, April 29-30, 2023, September 30, 2023 and October 1, 2023 on State Route 94; and

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

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Vernon that approval be granted for a Charitable Roadside Solicitor’s Permit for Vernon Fire Department, County Rd 515, Vernon Township, NJ 07462 on February 18-19, 2023, April 29-30, 2023, September 30, 2023 and October 1, 2023 on State Route 94, 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 #23-65

AUTHORIZING CONTRACTS

WITH CERTAIN APPROVED STATE CONTRACT VENDORS

AAA EMERGENCY SUPPLY CO. INC.

FOR PURCHASE OF VOLUNTEER FIRE DEPARTMENT GEAR

WHEREAS, as provided for within the New Jersey Local Publics Contract Law (N.J.S.A.40A:11-12 et. Seq.,) the Township of Vernon may by resolution, and without advertising for bids or obtaining quotations, purchase any goods or services under State Contract; and

WHEREAS, the Township has the need on a timely basis to purchase goods and services utilizing State contracts; and

WHEREAS, the Township intends to enter into contract with AAA Emergency Supply Co. Inc. 635 North Broadway, White Plains, N.Y. 10603, for the procurement of firefighter boots, helmets and accessories at a cost of $50,424.80 and firematic garments and pants in the amount of $23,460.00, under New Jersey State Contract 17-FLEET-00805; and

WHEREAS, the Chief Financial Officer certifies funding is available in the amount of $73,884.80 from: Line Items: C-04-22-009 and C-04-22-010.

NOW THEREFORE BE IT RESOLVED, that the Township Council of the Township of Vernon, authorizes the Qualified Purchasing Agent to purchase certain goods and services from AAA Emergency Supply Co. Inc. 635 North Broadway, White Plains, N.Y. 10603, through New Jersey State Contract 17-FLEET-00805 in the amount of $73,884.80, pursuant to all conditions of the individual State contracts.

RESOLUTION #23-66

AUTHORIZING THE RELEASE OF PERFORMANCE BOND

FROM VEOLIA NORTH AMERICA (Formerly Suez Water New Jersey) FOR SERVICE CONNECTION INVESTIGATION WITHIN VERNON TOWNSHIP

WHEREAS, Veolia North America, (formerly Suez Water New Jersey), posted a Performance Bond for a Road Opening permit for Service Connection Investigation and Replacement located at Various Streets within Vernon Township in the amount of $20,000.00; and

WHEREAS, Veolia North America, (formerly Suez Water New Jersey), has completed the Investigation and restored the Township roadways as required; and

WHEREAS, the Township Engineer, per letter February 3, 2023 has conducted a final inspection of said project and found roadway in satisfactory condition and hereby recommends that the Township accept the roadway repairs as complete and release the bond and balance of escrow remaining.

NOW THEREFORE BE IT RESOLVED, by the Township Council of the Township of Vernon, County of Sussex that it hereby approves and authorizes that the performance bond and remaining escrow posted by Veolia North America (formerly Suez Water New Jersey) for Road Opening Permit for Service Connection Investigation within the Township of Vernon be released and returned and;

BE IT FURTHER RESOLVED that certified copies of this resolution be forwarded to Veolia North America, (formerly Suez Water New Jersey) and the Township Engineer.

RESOLUTION #23-67

RESOLUTION AUTHORIZING THE SALE OF SURPLUS VEHICLES OR EQUIPMENT NO LONGER NEEDED FOR PUBLIC USE ON AN ONLINE AUCTION WEBSITE

WHEREAS, the Township has the need on a timely basis to provide for auction of its surplus property; and

WHEREAS, the Township of Vernon has determined that the surplus property described below in Schedule “A” and incorporated herein is no longer needed for public use:

SCHEDULE ’A’ AUCTION INVENTORY

                        MAKE                                                            Model/ Vin #              

ITEM #1         2012 Ford F- 550 4 x 4 Mason Dump            VIN#1FDUF5HYXCEA33453

ITEM #2         1993 Ford CF-8000 Cab & Chassis                VIN#1FDXH81E7PVA29598

ITEM #3         2012 Ford Escape AWD                                VIN# 1FMCU9DG0CKC70167

ITEM #4         Miscellaneous 2-Way Radio Equipment

ITEM #5         Engineering Plotter                                         HP Design Jet 800ps

WHEREAS, the Township of Vernon through this Resolution gives notice by the intention to the public, that the sale will be by the means of an online auction with Municibid through State Contract T2581 - Auctioneering Services: Internet Auctions to Sell Surplus Property, applicable to all the conditions to current State contracts.

NOW THEREFORE BE IT RESOLVED, by the Township Council of the Township of Vernon, authorizes the Business Administrator to use the services of Municibid through state contract T2581 to sell the surplus property as indicated herein Schedule “A” on an online auction; and

BE IT FURTHER RESOLVED, pursuant to N.J.S.A. 40A:11-36 that formal public notification will be provided by the publication of a Legal Notice in the official newspaper, the New Jersey Herald, not less than seven (7) or more than fourteen (14) days prior to the scheduled auction.

This Resolution will take effect immediately according to law.

RESOLUTION #23-68

APPROVING ACTIVE VOLUNTEER FIREFIGHTER FOR MEMBERSHIP IN THE

NEW JERSEY STATE FIREMEN’S ASSOCIATION (Kazanecki)

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,  Alex M. Kazanecki an active firefighter and member of the Pochuck Valley 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 Alex M. Kazanecki for membership in the New Jersey State Firemen’s Association.

RESOLUTION #23-70

APPROVING A CHARITABLE SOLICITOR’S PERMIT: GLENWOOD POCHUCK VOLUNTEER AMBULANCE CORPS INC

            WHEREAS, Glenwood Pochuck Volunteer Ambulance Corps Inc., has made application for a Charitable Roadside Solicitor’s Permit for the purposes of soliciting funds on February 25 and 26, 2023 (rain dates March 4 and 5, 2023) on Church Street; 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, Glenwood Pochuck Volunteer Ambulance Corps Inc. on February 25 and 26, 2023 (rain dates March 4 and 5, 2023), on Church Street 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 #23-69:    Resolution Appointment to the Vernon Township Municipal Utility Authority President Buccieri asked for nominations to the Municipal Utility Authority

Council Member Distasi nominated Kristen Wheaton. Seconded by Brad Sparta.

A roll call vote was taken:

AYES: Distasi, Sparta, Buccieri

NAYES: Rizzuto, Tadrick

ABSTAIN:

ABSENT:

Motion carries to approve resolution #23-69 and to appoint Kristen Wheaton to the Municipal Utilities Authority.

RESOLUTION #23-69

RESOLUTION APPOINTMENT TO THE VERNON TOWNSHIP MUNICIPAL UTILITY AUTHORITY 

WHEREAS, the Vernon Township Municipal Utilities Authority (“VTMUA”) is a duly established utilities authority pursuant to the Municipal and County Utilities Authorities Law, N.J.S.A. 40:14B-1, et seq.

NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE TOWNSHIP OF VERNON, COUNTY OF SUSSEX, and STATE OF NEW JERSEY, that the following individuals are hereby appointed as a member of the Vernon Township Municipal Utility Authority, effective 2/16/2023, for a term specified as follows:

                                    Kristen Wheaton                     Seat 4

                                    Expiring 01/31/2028                                             

BE IT FURTHER RESOLVED THAT, the Township Clerk shall send a certified copy of this resolution to the following: Vernon Township Municipal Utilities Authority

Resolution #23-71:    Resolution Appointment to the Vernon Township Municipal Utility Authority (DeYoung)

President Buccieri asked for a motion to approve resolution #23-71.

MOVED: Rizzuto

SECOND: Distasi

A roll call vote was taken:

AYES: Distasi, Rizzuto, Sparta, Tadrick, Buccieri

NAYES:

ABSTAIN:

ABSENT:

Motion carries to approve resolution #23-71

RESOLUTION #23-71

RESOLUTION APPOINTMENT TO THE VERNON TOWNSHIP MUNICIPAL UTILITY AUTHORITY 

WHEREAS, the Vernon Township Municipal Utilities Authority (“VTMUA”) is a duly established utilities authority pursuant to the Municipal and County Utilities Authorities Law, N.J.S.A. 40:14B-1, et seq.

NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE TOWNSHIP OF VERNON, COUNTY OF SUSSEX, and STATE OF NEW JERSEY, that the following individual is hereby appointed as a member of the Vernon Township Municipal Utility Authority, effective 2/16/2023, for a term specified as follows:               

                                    Edward DeYoung       Seat 5

                                    Expiring 01/31/2026                      

BE IT FURTHER RESOLVED THAT, the Township Clerk shall send a certified copy of this resolution to the following: Vernon Township Municipal Utilities Authority

INTRODUCTION OF ORDINANCES

Ordinance #23-05: Ordinance of the Township of Vernon, County of Sussex, State of New Jersey, to Repeal and Replace Chapter 170 of the Municipal Code Entitled “Cable Television and Communications” and to Grant Municipal Consent for the Operations of a Cable Television System Within the Township of Vernon, New Jersey to CSC TKR, LLC

President Buccieri asked for a motion to introduce ordinance #23-05.

MOVED: Sparta

SECOND: Buccieri

A roll call vote was taken:

AYES: Distasi, Rizzuto, Sparta, Tadrick, Buccieri

NAYES:

ABSTAIN:

ABSENT:

Motion passed to introduce ordinance #23-05.

Ordinance #23-06: Ordinance of the Township of Vernon, County of Sussex, State of New Jersey, Amending Chapter 5, Article X Entitled” Department of Public Works” to Create the Position of Assistant Director of Public Works and Director of Automotive Services

President Buccieri asked for a motion to introduce ordinance #23-06.

MOVED: Distasi

SECOND: Sparta

A roll call vote was taken:

AYES: Distasi, Rizzuto, Sparta, Tadrick, Buccieri

NAYES:

ABSTAIN:

ABSENT:

Motion passed to introduce ordinance #23-06.

PUBLIC HEARING/2^ND READING OF ORDINANCE

 Ordinance #23-02: An Ordinance of the Township of Vernon, County of Sussex, State of New Jersey, Vacating a Portion of the Paper Street Known as Road B in the Township of Vernon

President Buccieri asked for a motion to open the floor for public hearing on ordinance #23-02.

  MOVED: Distasi

  SECOND: Sparta

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 #23-02.

  MOVED: Sparta

  SECOND: Distasi

All members were in favor.

President Buccieri asked for a motion to approve ordinance #23-02.

MOVED: Sparta

SECOND: Distasi

A roll call vote was taken:

AYES: Distasi, Rizzuto, Sparta, Tadrick, Buccieri

NAYES:

ABSTAIN:

ABSENT:

Motion carries to approve ordinance #23-02.

ORDINANCE #23-02

ORDINANCE OF THE TOWNSHIP OF VERNON, COUNTY OF SUSSEX, STATE OF NEW JERSEY, VACATING A PORTION OF THE PAPER STREET KNOWN AS ROAD B IN THE TOWNSHIP OF VERNON

WHEREAS, The Township of Vernon (“Township”) has received a request to vacate a portion of a paper street known as Road B.  A legal description of Road B is attached hereto as Exhibit A; and

WHEREAS, the portion of Road B serves no public purpose, requires unwarranted Township maintenance costs, and needs to be vacated; and

WHEREAS, the portion of Road B is neither open to the public for purposes of vehicular traffic nor publicly maintained as a street, therefore, this vacation ordinance is not subject to review by the Commissioner of the New Jersey Department of Transportation with regard to the traffic regulations thereon pursuant to N.J.S.A. 39:4-8; and

WHEREAS, N.J.S.A. 40:67-1 (b) and N.J.S.A. 40:67-19 empowers the governing body of a municipality to make, amend, repeal and enforce ordinances to vacate any public street including the vacation of any portion of any public street, and to vacate any street, or any part thereof, dedicated to public use but not accepted by the municipality, whether or not the same, or any part, has been actually opened or improved; and

WHEREAS, the public right-of-way to be vacated shall revert to the corresponding property owner of the adjacent properties, identified as Block 442, Lot 2 and Block 465, Lot 10; and

WHEREAS, the Township Council of the Township of Vernon does determine that Road B is no longer needed for public purposes; and

WHEREAS, the Township Council of the Township of Vernon finds it to best interests of the Township and its citizenry to vacate the public right-of-way with the Township’s property interests reverting to the owner of the aforementioned lots.

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

SECTION 1.

1. Subject to the conditions set forth herein, the rights of the public in the portion of Road B as described in Exhibit A is here hereby released, extinguished and vacated.

2. The portion of Road B as described in Exhibit A shall revert to the owner of, and shall merge, consolidate with, and become a part of the properties identified as Block 442, Lot 2 and Block 465, Lot 10 on the Official Tax Map of the Township of Vernon.

3. Pursuant to N.J.S.A. 40:67-1 (b) all public easements, right and interests to Road B are hereby vacated, release and extinguished except for all rights and privileges now possessed by public utilities, as defined in N.J.S.A. 48:2-13, and by any Cable Television Company, as defined in the “Cable Television Act,” N.J.S.A. 48:5-1 et seq., to maintain, repair and replace their existing facilities in, adjacent to, over or under the street, or any part thereof, to be vacated subject to the conditions described herein, all conditions, unless otherwise noted, shall be satisfied prior to said vacation being effective.

4. Pursuant to N.J.S.A. 40:67-21, the Township Clerk shall within sixty (60) days after this Ordinance becomes effective file a copy of this Ordinance, certified by her, under the seal of the Township of Vernon, to be a true copy of such Ordinance, together with a copy of proof of publication, if publication be required, in the office where conveyances of lands are recorded in Sussex County and such certified copy shall be recorded in a book with proper index to be provided for the purpose and entitled “Vacations.”

5. After introduction, this Ordinance shall be referred to the Vernon Township Land Use Board for review and comment pursuant to N.J.S.A. 40:55D-26, -32, and -33, since vacation of a public street or portion thereof constitutes a change to the official map of the Township of Vernon and the closing of a public street, albeit a paper unimproved street.

6. At least seven (7) days prior to the time fixed for the consideration of this Ordinance for final passage, a copy of this Ordinance, together with a notice of its introduction and the time and place when and where the Ordinance will be further considered for final passage, shall be given by the Township Clerk to the owners of all real property, as shown on the current tax map duplicates, to be located within 200 feet in all directions of Road B. At least ten (10) days prior to the time fixed for the consideration of this Ordinance for final passage, a copy of this Ordinance, together with the notice of its introduction and the time and place when and where the Ordinance will be further considered for final passage, shall be published at least once in a newspaper published and circulated in the Township. This is the notice required by N.J.S.A. 40:67-19 and N.J.S.A. 40:49-6.

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 upon final passage, approval, and publication by law, and the recording of this Ordinance with the Sussex County Clerk’s Office.

Ordinance #23-03: An Ordinance of the Township of Vernon, County of Sussex, State of New  Jersey,Amending and Supplementing Chapter 250 of the Municipal Code of the Township of Vernon Entitled “Fees and Escrows Enumerated” to Update Police Department Fees

President Buccieri asked for a motion to open the floor for public hearing on ordinance #23-03.

  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 #23-03.

  MOVED: Sparta

  SECOND: Distasi

All members were in favor.

President Buccieri asked for a motion to approve ordinance #23-03.

MOVED: Sparta

SECOND: Distasi

A roll call vote was taken:

AYES: Distasi, Rizzuto, Sparta, Tadrick, Buccieri

NAYES:

ABSTAIN:

ABSENT:

Motion carries to approve ordinance #23-03.

ORDINANCE #23-03

AN ORDINANCE OF THE TOWNSHIP OF VERNON, COUNTY OF SUSSEX, STATE OF NEW JERSEY, AMENDING AND SUPPLEMENTING CHAPTER 250 OF THE MUNICIPAL CODE OF THE TOWNSHP OF VERNON ENTITLED “FEES AND ESCROWS ENUMERATED” TO UPDATE POLICE DEPARTMENT FEES

WHEREAS, the State Legislature passed P.L. 2022, c. 131 which updated fees related to fire arms; and

WHEREAS, a determination has been made that there is a need to update the Vernon Police Department’s fees to be consistent with P.L. 2022, c. 131.

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

SECTION 1. Chapter 250 of the Municipal Code of the Township of Vernon is hereby amended and supplemented as follows:

• 250-11. Police.

1. The following fees and charges are hereby fixed and established for certain services extended and materials distributed by the Division of Police:

(1)        Search time for audiotape (per hour): $30.

(2)        Copy of audiotape - Actual cost of materials and supplies.

(3)        Copy of videotape - Actual cost of materials and supplies.

(4)        (a) Except in the case of a request for a motor vehicle accident report not made in person, the fee assessed for the duplication of government record embodied in the form of printed matter shall be $0.05 per letter size page or smaller, and $0.07 per legal size page or larger.

            (b) In the event a citizen of this State requests a copy of a motor vehicle accident report in any manner other than in person, an additional fee of up to $5. may be added to cover the administrative costs of the report in addition to the cost of copying the report as set forth in Subsection A(4)(a).

(5)        Background checks for members of other fire and emergency service agencies: $50.

(6)        through (9) Reserved.

(10)      Photographs photocopied - Actual cost of materials and supplies.

(11)      Fingerprints (all noncriminal except firearms): $3 per card.

(12)      Firearms identification card: $5 $50.

(13)      Pistol purchase permit: $2 $25.

(14)      Register house alarm: $10.

(15)      Reregister house alarm after disconnection: $50.

(16)      Vacant house registration/blue star registration: $1.

(17)      Firearm carry permit application fee:  $200.

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 upon final passage, approval, and publication by law.

PUBLIC COMMENTS (Limited to 5 Minutes Per Person)

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

MOVED: Distasi         

SECOND: Sparta

All members were in favor.

Mike Chirichiello – feels that there is a lot of misinformation regarding property taxes and that the upcoming meeting is a necessity. Mr. Chirichiello showed concern about the schools and county taxes. He would like to hear the Council and Mayors opinion regarding the bill to remove the current municipal appropriation cap.

Stephanie DeBrienza – questioned the vote that took place last week regarding cannabis because of the abstention.

Attorney Zielinski explained that Vernon’s town code has regulations with respect to how abstention votes are counted.

Ms. DeBrienza asked how much the appeal cost because it was ruled with prejudice. She does understand why the town appealed.

Sean Clarkin – asked if the agreement with Vernon MUA and SCUMA could be made public.

President Buccieri explained that it is public information and Mr. Clarkin can OPRA request it.

Jessi Paladini – feels that there are huge problems and errors with the assessment program. Ms. Paladini wants to know which Council Member violated that Open Public Meetings Act on Sunday. Ms. Paladini thinks the Council was looking at the wrong Green Acres grant application because the town can absolutely apply for it.

Mark Heftler – questioned ordinance #23-06 because the creation of two new positions will affect the municipal budget.

CFO Bright explained that we are not creating two new positions but we are renaming two positions that we currently have.

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

MOVED: Distasi         

SECOND: Sparta

All members were in favor.

MAYORS COMMENTS

Mayor Burrell appointed Heidi LeBris and Peter Knipe to the Economic Development Committee.

The County of Sussex has a Water Quality Policy Advisory Committee, which serves as the water quality planning agency for our county on matters covered by the National Clean Water Act.

This Committee is specifically responsible for preparing the Sussex County Wastewater Management Plan, which enables sewer service areas and identifies wastewater facilities. 

The Plan prepared by this Committee plays a significant role in shaping development, and in determining future growth patterns in Vernon and other Sussex County municipalities.

This Committee’s membership is composed of representatives from each Sussex County municipality; a key responsibility of Vernon’s representative will be to ensure that our municipality’s voice is heard regarding matters that are critical to our water quality and our sewer/wastewater issues. 

Because of the important role played by this Committee, I have thought long and hard about who I would appoint to be Vernon’s representative; and, my due diligence has led me to appointing Mr. MICHAEL J. FURREY to be the voice of Vernon on this Committee. 

I chose to appoint Mr. FURREY not only because of the fact that his educational achievement of a B.S Degree in Chemistry has specifically prepared him well to be able to understand and deal with the technically matters that are routinely considered by this Committee, but also because the practical experience that he has gained from his service as the past Chair of Vernon’s Environmental Commission, and the past Chair of Vernon’s Municipality Utility Authority; plus his pertinent work experience as a Supervising Chemist for the North Jersey District Water Supply Commission, and his 20 plus years as the owner/operator of Agra Environmental & Laboratory Services.

Mr. FURREY’s appointment to this very important Committee is part of my ongoing commitment to Move Vernon Forward by doing everything that I can to ensure that at all levels, Vernon Township is repres When I meet with other Sussex County Mayors, or when residents of other towns visit Vernon - - be they sports teams or individuals/groups like those who have visited our town to participate in events such as our Senior Citizen Exercise Programs, our Annual 5K Races, our Yoga and Archery Programs, etc. - - I get repeated positive comments about the many family-oriented Recreation Department sponsored and facilitated events in our town.

And most important, when I get these same kinds of positive comments from a large and growing number of Vernon residents, these comments fill my heart and mind with pride, because they are confirmations of the fact that the Mayor and Council are successfully working together to Move Vernon Forward towards being an even better town in which to live and raise a family.

And when I tell other Mayors that we offer these large variety of high-quality recreation and community activities through a small staff consisting of just two full-time and one part-time individual, who does all of planning, organizing, directing, and coordinating of these programs and activities through a large network of volunteers and our PAL partners - - when I tell them this, they are simply amazed. 

I explain to them that this is just one indication of the high degree of pride that we in Vernon have for our town. 

On tonight, I announce a new resource that our Director of Recreation & Community Affairs, Ms. MISHELLE DOWNTAIN, has launched to support the efforts of the many volunteers who are the backbone of our recreation and community activities.

This new resource is a monthly Recreation Newsletter which will showcase events and local happenings around our town, and provide information on upcoming events. Director DOWNTAIN created this Recreation Newsletter by using the skills and talents of her Assistant, Ms. MEG WAHNON, who applied her Graphic Design & Advertising formal education, which she fine-tuned and enhanced during her 10 years of Media Marketing in corporate America. Thank you, Ms. DOWNTAIN and MS. WAHNON!  

This new Recreation Newsletter will be published under the Monthly Newsletter tab on our Municipal Website. Issue # 1 is on our website now; check it out!

COUNCIL COMMENTS

Council Member Distasi congratulated Ed DeYoung and Kristen Wheaton for their appointments to the MUA.

Council Member Distasi spoke in regards to resolution #23-64 which was voted on tonight for the fire department equipment, she forwarded to Mr. Bright and the Fire Commissioner a program that she came across on the internet. The program is sponsored by Dupont and they are awarding 52 turnout gear and helmets annually to volunteer fire departments across the country. The application deadline is June 1^st and it was well received by our fire departments. Recently Hamburg and Riverdale both received this grant. Council Member Distasi wishes our fire departments good luck and she hopes they received this.

Council Member Distasi commented on her vote at the last meeting on the resolution that was supporting the location of the cannabis manufacturing site. It was her understanding of town code and it was her intention to abstain as her way of not showing support for something that she does not believe in. At the same time not voting no because there was no legal ground to vote no and it would have ended up in a lawsuit costing the town a lot of money. By abstaining Council Member Distasi allowed the yes vote to go through to approve the resolution but also made it clear that she was not in favor of it. Unless the ordinance that was approved in July 2021 is amended or appealed it must be abided by.

Council Member Distasi hopes that the special tax assessment meeting is well attended so that correct information can get out to the public.

Council Member Sparta asked Mayor Burrell when the Council is expected to see the budget.

Mayor Burrell explained that we will meet the deadline.

Council Member Sparta gave his condolences to John McGowen.

Council Member Rizzuto had no comments

Council Member Tadrick gave his condolences to John McGowen.  

Council Member Tadrick thanked Ms. Paladini for helping with a possible grant and he hopes that she will continue to help.

COUNCIL PRESIDENT COMMENTS

Council President Buccieri gave her condolences to John McGowen.

Council President Buccieri announced that the Council is seeking volunteers for the Vernon MUA. The cutoff date to send in volunteer applications is February 21, 2023 and information is on the website.

ADJOURNMENT

At 8:20 pm Council Member Sparta made a motion to adjourn the meeting. Seconded by Council Member Rizzuto.  

All were in favor.

Marcy Gianattasio, RMC, CMR
Municipal Clerk                                                                              

Minutes approved: February 27, 2023