Vernon Township
21 Church Street, Vernon, NJ 07462
Phone: 973.764.4055
Minutes: January 23, 2023
YouTube of the January 23, 2023 council meeting
This Meeting of the Township Council of the Township of Vernon was convened at 7:00 p.m. on January 23, 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 Vice President Buccieri led the assemblage in the salute to the flag.
ROLL CALL
Present were Council Members Natalie Buccieri, Patrick Rizzuto and Bradley Sparta. Also present were Mayor Howard Burrell, Acting Co-Business Administrators Dan Young and Donelle Bright, Municipal Clerk Marcy Gianattasio and Township Attorney Josh Zielinski.
Council President Brian Lynch and Council Member Tadrick were not present.
Council Vice President Buccieri announced that affective today Council President Lynch has resigned from the Township Council. She wished him well and thanked him for his service to Vernon Township.
PUBLIC COMMENTS (For Current Agenda Items Only, Limited to 3 Minutes Per Person)
Vice President Buccieri asked for a motion to open the meeting to Public Comments.
MOVED: Rizzuto
SECOND: Sparta
All members were in favor.
Chris Dowling – Sussex Cultivation, spoke about resolution #23-55 which is on the agenda tonight. This would give Sussex Cultivation the Council’s support for a Conditional Class 2 Cannabis Manufacturers License.
Sean Clarkin – Barry Lakes, expressed concern for the police fee ordinance that is on the agenda tonight. Mr. Clarkin told the Council that he sent a volunteer application to be on the MUA.
Seeing no one else from the public wishing to come forward, Vice President Buccieri asked for a motion to close the meeting to Public Comments.
MOVED: Rizzuto
SECOND: Sparta
A roll call vote was taken:
AYES: Buccieri, Rizzuto, Sparta
NAYES:
ABSTAIN:
ABSENT: Tadrick
Motion carries to close the meeting to public comment.
PROCLAMATION
Radon Action Month
Municipal Clerk Gianattasio read the proclamation.
REVIEW OF BILLS LIST
The Council reviewed the bills list.
MINUTES
January 1, 2023 – Reorganization Meeting
January 9, 2023 – Regular Meeting
Vice President Buccieri ask for a motion to approve the January 1, 2023 Reorganization meeting minutes and the January 9, 2023 regular meeting minutes.
MOVED: Sparta
SECOND: Rizzuto
A roll call vote was taken:
AYES: Buccieri, Rizzuto, Sparta
NAYES:
ABSTAIN:
ABSENT: Tadrick
Motion carries to approve the January 1, 2023 Reorganization meeting minutes and the January 9, 2023 regular meeting minutes.
CONSENT AGENDA
Resolution #23-45: Resolution Recognizing and Authorizing the Appointment of Paul Black as the Construction Official for the Township of Vernon
Resolution #23-46: Resolution of the Township of Vernon Appointing an Alternate/Conflict Municipal Public Defender
Resolution #23-47: Resolution of the Township of Vernon Appointing an Alternate Municipal Prosecutor
Resolution #23-49: Resolution Rejecting All Bids for HVAC Maintenance Bid #12-2022 Township of Vernon
Resolution #23-50: Refund for Totally Disabled Veteran (Block 515 Lot 7 – Alakpa)
Resolution #23-51: Canceling Taxes for Total Disabled Veteran (Block 515 Lot 7 – Alapka)
Resolution #23-52: Canceling Taxes for Total Disabled Veteran (Block 515 Lot 7 – Alapka)
Resolution #23-56: Sidebar Agreement Between the Township of Vernon and U.A.W. Local No. 2326
Resolution #23-57: Resolution Authorizing a Grant Application to the New Jersey Department of Community Affairs for the FY 2023 Local Recreation Improvement Grant Program
Resolution #23-58: Authorizing the Execution of an Agreement for an Easement at Mountain Creek, 193 Route 94, Block 378, Lot 20 – Sandhill Pump Station 2
Vice President Buccieri asked for a motion to approve the consent agenda.
MOVED: Sparta
SECOND: Rizzuto
A roll call vote was taken:
AYES: Buccieri, Rizzuto, Sparta
NAYES:
ABSTAIN:
ABSENT: Tadrick
Motion carries to approve the consent agenda.
Resolution #23-45
RESOLUTION RECOGNIZING AND AUTHORIZING THE APPOINTMENT
OF PAUL BLACK AS THE CONSTRUCTION OFFICIAL
FOR THE TOWNSHIP OF VERNON
WHEREAS, due to a vacancy, the Township of Vernon is in need of appointing a Construction Official:
WHEREAS, Paul Black is currently serving as the Acting Township of Vernon’s Construction Official and holds Building, Fire, Plumbing and Mechanical Licenses and is deemed to have the requisite experience to perform the functions required of the position of Construction Official.
NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Vernon, County of Sussex and State of New Jersey, recognizes and authorizes the appointment of Paul Black as the Township of Vernon’s Construction Official and Building Sub-code Official. In addition to supervising the Building Department, it is further recognized that he will perform duties in the various sub-codes for which he holds licenses if the appointed officials are not available.
Resolution #23-46
RESOLUTION OF THE TOWNSHIP OF VERNON APPOINTING
AN ALTERNATE/CONFLICT MUNICIPAL PUBLIC DEFENDER
WHEREAS, the Township of Vernon (“Township”) has a need for an Alternate/Conflict Municipal Public Defender; and
WHEREAS, pursuant to N.J.S.A. 2B:24-3, a municipality may employ an attorney-at-law as a Municipal Public Defender; and
WHEREAS, Daniel P. Agatino, Esq. has the necessary experience and qualifications to perform the duties of Alternate/Conflict Municipal Public Defender; and
WHEREAS, N.J.S.A. 40A:11-5 specifically exempts professional services from provision of public bidding as provided in the Local Public Contracts Law; and
WHEREAS, the Township deems it in the best interests of the Township to appoint Daniel P. Agatino, Esq. as the Alternate/Conflict Municipal Public Defender and to enter a non-fair and open contract to provide said services pursuant to the provisions of the Local Public Contract Law, N.J.S.A. 40A:11-1 et seq.; and
WHEREAS, Daniel P. Agatino, Esq. will complete and submit a Business Entity Disclosure Certification for Non-Fair and Open Contract which certifies that Daniel P. Agatino, Esq. 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 Daniel P. Agatino, Esq. from making any reportable contributions through the term of the contract to a political or candidate committee in the Township of Vernon; and
WHEREAS, the Chief Financial Officer has certified that there are sufficient funds available.
NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of Vernon as follows:
- Daniel P. Agatino, Esq. is hereby appointed as Alternate/Conflict Municipal Public Defender for one (1) year from January 1, 2023 to December 31, 2023 and the Mayor is authorized to execute a non-fair and open contract with Daniel P. Agatino, Esq. to provide these services.
- The required Business Entity Disclosure Certification and Political Contribution Disclosure Form shall be provided before execution of the contract and be placed on file with the resolution
- A copy of this resolution shall be kept on file in the Township Clerk’s Office.
Resolution #23-47
RESOLUTION OF THE TOWNSHIP OF VERNON APPOINTING AN ALTERNATE MUNICIPAL PROSECUTOR
WHEREAS, the Township of Vernon (“Township”) has a need for an Alternate Municipal Prosecutor; and
WHEREAS, pursuant to N.J.S.A. 2B:12-27, a municipality may employ an attorney-at-law as a Municipal Prosecutor under the supervision of the County Prosecutor and that attorney may represent the municipality in any matter within the jurisdiction of the central municipal court and any other municipal court; and
WHEREAS, Steven M. Siegel, Esq. has the necessary experience and qualifications to perform the duties of Alternate Municipal Prosecutor; and
WHEREAS, N.J.S.A. 40A:11-5 specifically exempts professional services from provision of public bidding as provided in the Local Public Contracts Law; and
WHEREAS, the Township deems it in the best interests of the Township to appoint Steven M. Siegel, Esq as the Alternate Municipal Prosecutor and to enter a non-fair and open contract to provide said services pursuant to the provisions of the Local Public Contract Law, N.J.S.A. 40A:11-1 et seq.; and
WHEREAS, Steven M. Siegel, Esq. will complete and submit a Business Entity Disclosure Certification for Non-Fair and Open Contract which certifies that Steven M. Siegel, Esq. 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 Steven M. Siegel, Esq. from making any reportable contributions through the term of the contract to a political or candidate committee in the Township of Vernon; and
WHEREAS, the Chief Financial Officer has certified that there are sufficient funds available.
NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of Vernon as follows:
- Steven M. Siegel, Esq. is hereby appointed as Alternate Municipal Prosecutor for one (1) year from January 1, 2023 to December 31, 2023 and the Mayor is authorized to execute a non-fair and open contract with Steven M. Siegel, Esq. to provide these services.
- The required Business Entity Disclosure Certification and Political Contribution Disclosure Form shall be provided before execution of the contract and be placed on file with the resolution
- A copy of this resolution shall be kept on file in the Township Clerk’s Office.
RESOLUTION #23-49
RESOLUTION REJECTING ALL BIDS FOR
HVAC MAINTENANCE BID# 12-2022
TOWNSHIPSHIP OF VERNON
WHEREAS the Township of Vernon received bids for HVAC Maintenance, Bid# 12-2022 on January 12, 2023, at 12:00 P.M.; and
WHEREAS the Township received three (3) bids to wit:
And
WHEREAS, the lowest two (2) bidders, First Goal Heating & Cooling and TM Brenan Inc., both provided owner disclosure statements not in compliance with N.J.S.A. 52:25-24.2, which demands a non-corporate owner is disclosed; and
WHEREAS, the New Jersey Local Public Contracts Law at N.J.S.A. 40A:11-23.2c, makes the lack of providing a valid statement of ownership, a fatal defect and a mandatory rejection of bids; and
WHEREAS, addenda were issued for Bid# 12-2022 on December 8, 2022, at 1:00 P.M. in accord with N.J.S.A.40A:11-23(c); and
WHEREAS, the bid provided by Air Systems Maintenance Inc. provided for bid on the proposal page in the proposal form prior to addenda; and
WHEREAS the New Jersey Local Public Contracts Law at N.J.S.A. 40A:11-4 demands bids be awarded to the lowest responsible bidder; and
WHEREAS, the bid provided by Air Maintenance Systems for proposals superseded by addenda makes it impossible to determine Air Maintenance Systems as the lowest responsible bidder; and
WHEREAS, the New Jersey Local Public Contracts Law at N.J.S.A 40A:11-13.2 (e) allows for bid rejection when, “The purposes or provisions or both of P.L.1971, c.198 (C.40A:11-1 et seq.) are being violated;”
NOW, THEREFORE BE IT RESOLVED, by the Township Council of the Township of Vernon, County of Sussex, State of New Jersey, that the bids submitted by First Goal Heating & Cooling and TM Brenan Inc., are hereby rejected under N.J.S.A. 40A:11-23.2c for failure to comply with N.J.S.A. 52:25-24.2; and
BE IT FURTHER RESOLVED that the bid submitted by Air Maintenance Systems is hereby rejected under N.J.S.A.40A:11-13.2(e); and
BE IT FURTHER RESOLVED, the Qualified Purchasing Agent is authorized to immediately seek a new round of bids for HVAC Maintenance.
RESOLUTION #23-50
REFUND FOR TOTALLY DISABLED VETERAN
(Block 515 Lot 7 - Alakpa)
WHEREAS, THE DEPARTMENT OF VETERANS AFFAIRS awarded George Alakpa 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 3rd and 4th quarter 2022 property tax in the amount of $6,404.94 to George Alakpa.
FINALLY, BE IT RESOLVED, that a certified copy of this Resolution be forwarded to the Township Tax Collector.
RESOLUTION #23-51
CANCELING TAXES FOR TOTAL DISABLED VETERAN
(Block 515 Lot 7 - Alapka)
WHEREAS THE DEPARTMENT OF VETERANS AFFAIRS awarded George Alapka 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 2022 in the amount of $6,404.94.
BE IT FURTHER RESOLVED, that a certified copy of this Resolution be forwarded to the Township Tax Collector.
RESOLUTION #23-52
CANCELING TAXES FOR TOTAL DISABLED VETERAN
(Block 515 Lot 7 - Alapka)
WHEREAS THE DEPARTMENT OF VETERANS AFFAIRS awarded George Alapka 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 $6,263.71.
BE IT FURTHER RESOLVED, that a certified copy of this Resolution be forwarded to the Township Tax Collector.
RESOLUTION #23-56
SIDEBAR AGREEMENT BETWEEN THE
TOWNSHIP OF VERNON
AND U.A.W. LOCAL NO. 2326
WHEREAS, the Township and the United Auto Workers of America (U.A.W.) are parties to a collective negotiation agreement (CNA), effective January 1, 2021 through December 31, 2024; and
WHEREAS, the parties’ CNA, Article V (Job Steps and Levels; Salaries) provides a list of titles at various Levels, from Level I and Level VI; and
WHEREAS, the Township has determined that it has a need for new positions with the title of Assistant Municipal Tax Collector and Assistant Municipal Clerk; and
WHEREAS, the Township and the U.A.W. have agreed to include the positions of Assistant Municipal Tax Collector and Assistant Municipal Clerk as represented titles, which will be Level IV positions; and
WHEREAS, the Township and U.A.W. have agreed to the modifications to the CNA, which have been set down in a sidebar agreement the U.A.W. has executed.
NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of Vernon in the County of Sussex and State of New Jersey, that the Mayor is authorized and empowered to execute the attached Sidebar Agreement between the Township and the U.A.W. to include the positions of Assistant Municipal Clerk (00617) and Assistant Municipal Tax Collector (00627) as represented titled, Level IV positions.
RESOLUTION #23-57
RESOLUTION AUTHORIZING A GRANT APPLICATION TO THE NEW JERSEY DEPARTMENT OF COMMUNITY AFFAIRS
FOR THE FY 2023 LOCAL RECREATION IMPROVEMENT GRANT PROGRAM
WHEREAS, Vernon is a rural mountain community that is home to approximately 23,000 people, tucked away in the northeast corner of Sussex County with beautiful scenery and an abundance of wildlife and preserved open land. With these unique demographics as Vernon’s blueprint, our mission is to incorporate as much of the outdoors as possible and building a venue nestled into the open space will give the community a place to gather and socialize: and
WHEREAS, the COVID-19 global pandemic brought many hardships and obstacles to overcome as individuals and as a community, but it also provided a much-needed wellness reset, strengthening our commitment to provide healthy recreational opportunities for all. It gave opportunity to bring changes that are now written in as part of Vernon’s recipe for wellness and will be passed down to future generations. One of the primary focuses identified during the pandemic continues to be mental health, including the challenge of social isolation and support as well as access to healthy activities, particularly for the fast-growing senior citizen population. Limited transportation options make it difficult for them to access shops, businesses and resources.
WHEREAS, the construction of a Bandshell in an already developed recreational facility will enable the greatest participation and use from all ages offering a wider range of activities, workshops and educational opportunities; and
WHEREAS, Vernon thrives as a year-round destination for outdoor enthusiasts of every persuasion. The Bandshell concept not only enhances the lifestyle for residents but is part of a wider effort to capitalize on the Township’s natural assets that contribute to its status as a four-season recreation community. It will bring people to local businesses, encourage shopping and spark the economic pulse; and
WHEREAS, when developed, the Bandshell will have a dramatic impact on the economy of the town. Exciting and positive things are happening in Vernon and the community is working together to bring it to new heights as THE place to be. Building the Bandshell will open doors, windows and skylights for Vernon and breathe new life into the community for growth and development that will extend through generations; and
WHEREAS, the State of New Jersey has recognized these needs; and
WHEREAS, in the FY2023 budget, Governor Murphy has allocated $25 million for the FY 2023 Local Recreation Improvement Grant to support improvement and repairs to public recreation facilities; and
WHEREAS, the Department of Community Affairs has issued a Request for Proposals to solicit applicants for the FY 2023 Local Recreation Improvement Grant; and
WHEREAS, a determination has been made that it would be in the best interests of the Township of Vernon to apply for grant funding.
NOW THEREFORE BE IT RESOLVED by the Township Council of the Township of Vernon, County of Sussex, State of New Jersey, that the Mayor and the Clerk are hereby authorized to execute and submit a grant application to the Department of Community Affairs for the FY 2023 Local Recreation Improvement Grant Program.
RESOLUTION #23-58
AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR AN EASEMENT AT MOUNTAIN CREEK, 193 ROUTE 94, BLOCK 378, LOT 20 - SANDHILL PUMP STATION 2
WHEREAS, Grantor is the owner of the property located at 193 Route 94 in the Township identified on the Township’s tax map as Block 378, Lot 20 (the “Property”); and
WHEREAS, Grantee is the owner and operator of a sewage pump station located on the Property (“Pump Station 2”); and
WHEREAS, Pump Station 2 is in need of repair; and
WHEREAS, Mountain Creek has agreed to repair Pump Station 2 pursuant to a Settlement Agreement dated October 21, 2019, by and between the Township of Vernon, Mountain Creek, the Vernon Township Municipal Utilities Authority (“VTMUA”) and the Sussex County Board of Chosen Freeholders; and
WHEREAS, following the repair of Pump Station 2, Vernon Township and the VTMUA will retain ownership of Pump Station 2 and remain required to maintain and service Pump Station 2; and
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Vernon, County of Sussex and State of New Jersey the Mayor and Township Clerk are hereby authorized to execute the attached Use and Access Utility Easement.
This Resolution shall take effect immediately.
Resolution #23-48: Resolution Determining the Form and Other Details of Not Exceeding $2,400,000 Sewer Bonds, of the Township of Vernon, in the County of Sussex, New Jersey, and Providing for Their Sale to the New Jersey Infrastructure Bank and the State of New Jersey and Authorizing the Execution and Delivery of Certain Agreements in Connection Therewith
Vice President Buccieri asked for a motion to approve resolution #23-48.
MOVED: Sparta
SECOND: Rizzuto
A roll call vote was taken:
AYES: Buccieri, Rizzuto, Sparta
NAYES:
ABSTAIN:
ABSENT: Tadrick
Motion carries to approve resolution #23-48.
RESOLUTION #23-48
RESOLUTION DETERMINING THE FORM AND OTHER DETAILS OF NOT EXCEEDING $2,400,000 SEWER BONDS, OF THE TOWNSHIP OF VERNON, IN THE COUNTY OF SUSSEX, NEW JERSEY, AND PROVIDING FOR THEIR SALE TO THE NEW JERSEY INFRASTRUCTURE BANK AND THE STATE OF NEW JERSEY AND AUTHORIZING THE EXECUTION AND DELIVERY OF CERTAIN AGREEMENTS IN CONNECTION THEREWITH.
WHEREAS, The Township of Vernon, in the County of Sussex (the “Local Unit”), New Jersey, has determined that there exists a need within the Local Unit to acquire, construct, renovate, install or refinance the Project (the “Project”), as defined in each of that certain Loan Agreement (the “I-Bank Loan Agreement”) to be entered into by and between the Local Unit and the New Jersey Infrastructure Bank (the “I-Bank”) and that certain Loan Agreement (the “Fund Loan Agreement” and, together with the I-Bank Loan Agreement, the “Loan Agreements”) to be entered into by and between the Local Unit and the State of New Jersey, acting by and through the New Jersey Department of Environmental Protection (the “State”), all pursuant to the New Jersey Infrastructure Bank Financing Program (the “Program”);
WHEREAS, the Local Unit has determined to finance or refinance the acquisition, construction, renovation or installation of the Project with the proceeds of a loan to be made by each of the I-Bank (the “I-Bank Loan”) and the State (the “Fund Loan” and, together with the I-Bank Loan, the “Loans”) pursuant to the I-Bank Loan Agreement and the Fund Loan Agreement, respectively;
WHEREAS, to evidence the Loans, each of the I-Bank and the State require the Local Unit to authorize, execute, attest and deliver the Local Unit’s Sewer Bond, to the State (the “Fund Loan Bond”) and Sewer Bond, to the I-Bank (the “I-Bank Loan Bond” and, together with the Fund Loan Bond, the “Local Unit Bonds”) pursuant to the terms of the Local Bond Law of the State, constituting Chapter 2 of Title 40A of the Revised Statutes of the State (the “Local Bond Law”), other applicable law and the Loan Agreements;
WHEREAS, the Local Unit Bonds have been authorized pursuant to a bond ordinance of the Local Unit adopted on February 28, 2022, entitled: “Bond ordinance providing for the improvement of the sanitary sewerage system (Sand Hill Pump Station) in and by the Township of Vernon, in the County of Sussex, New Jersey, appropriating $2,400,000 therefor and authorizing the issuance of $2,400,000 bonds or notes of the Township for financing part of such appropriation” (the “Bond Ordinance”); and
WHEREAS, the I-Bank and the State have expressed their desire to close in escrow the making of one or more Loans, the issuance of one or more Local Unit Bonds and the execution and delivery of one or more Loan Agreements, all pursuant to the terms of an Escrow Agreement (the “Escrow Agreement”) to be entered into by and among the I-Bank, the State, the escrow agent named therein and the Local Unit; and
WHEREAS, N.J.S.A. §40A:2-27(a)(2) of the Local Bond Law allows for the sale of the I-Bank Loan Bond and the Fund Loan Bond to the I-Bank and the State, respectively, without any public offering, and N.J.S.A. §58:11B-9(a) allows for the sale of the I-Bank Loan Bond to the I-Bank without any public offering, all under the terms and conditions set forth in the following resolution.
NOW, THEREFORE, BE IT RESOLVED 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:
Award of the Local Unit Bonds. In accordance with N.J.S.A. §40A:2-27(a) (2) of the Local Bond Law and N.J.S.A. §58:11B-9(a), the Local Unit hereby sells and awards its (a) I-Bank Loan Bond to the I-Bank in accordance with the provisions of this resolution and (b) Fund Loan Bond to the State in accordance with the provisions of this resolution.
Basic Terms of the Local Unit Bonds; Delegation of Power to Make Certain Determinations. The chief financial officer of the Local Unit, the acting chief funacial officer of the Local Unit or the treasurer of the Local Unit (the “Chief Financial Officer”) is hereby authorized to determine, in accordance with the Local Bond Law and pursuant to the terms and conditions established by the I-Bank and the State under the Loan Agreements and the terms and conditions of this resolution, the following items with respect to the I-Bank Loan Bond and the Fund Loan Bond:
The aggregate principal amount of the I-Bank Loan Bond to be issued and the aggregate principal amount of the Fund Loan Bond to be issued, which amounts in the aggregate shall not exceed $2,400,000;
The maturity or maturities and annual and semi-annual principal installments of the Local Unit Bonds, which maturity or maturities shall not exceed thirty-five (35) years (or such longer period of time as allowed by the Program) from the date of the Local Unit Bonds;
The date or dates of the Local Unit Bonds;
The interest rates of the Local Unit Bonds, provided that the effective interest rate of the I-Bank Loan Bond does not exceed seven per centum (7%) and that the interest rate on the Fund Loan Bond is zero per centum (0%);
The purchase price for the Local Unit Bonds;
The terms and conditions under which the Local Unit Bonds shall be subject to redemption prior to their stated maturities; and
Such other matters with respect to the Local Unit Bonds as may be necessary, desirable or convenient in connection with the sale, issuance and delivery thereof including (1) adjusting the title of the Local Unit, (2) issuing each Local Unit Bond in the form of multiple bonds from time to time if the project is funded in more than one installment by the Program and (3) combining the issuance of the Local Unit Bonds with the issuance of other bonds of the Local Unit authorized or to be authorized to be issued for other purposes.
Determinations Conclusive. Any determination made by the Chief Financial Officer pursuant to the terms of this resolution shall be conclusively evidenced by the execution and attestation of the Local Unit Bonds by the parties authorized under Section 4(c) of this resolution.
Further Terms of the Local Units Bonds. The Local Unit hereby determines that certain terms of the Local Unit Bonds shall be as follows:
The Fund Loan Bond shall be issued in a single denomination and shall be numbered RA-1, or as may otherwise be determined by the Chief Financial Officer. The I-Bank Loan Bond shall be issued in a single denomination and shall be numbered RB-1, or as may otherwise be determined by the Chief Financial Officer;
The Local Unit Bonds shall be issued in fully registered form (convertible to bearer as therein provided) and shall (unless converted to bearer) be payable to the registered owners thereof as to both principal and interest in lawful money of the United States of America;
The Local Unit Bonds shall be executed by the manual or facsimile signatures of the Mayor and the Chief Financial Officer under official seal or facsimile thereof affixed, imprinted, engraved or reproduced thereon and attested by the manual signature of the Local Unit Clerk or Deputy Local Unit Clerk (the “Local Unit Clerk”); and
In order to distinguish the Local Unit Bonds from other bonds of the Local Unit, the Local Unit Bonds shall have such letters and/or numbers incorporated in their titles as shall be determined by the Chief Financial Officer.
Forms of the Local Unit Bonds. The I-Bank Loan Bond and the Fund Loan Bond shall be substantially in the form set forth in the I-Bank Loan Agreement and the Fund Loan Agreement, respectively.
Authorized Parties. The law firm of Hawkins Delafield & Wood LLP, bond counsel to the Local Unit, is hereby authorized to arrange for the printing of the Local Unit Bonds, which law firm may authorize McCarter & English, LLP, bond counsel to the I-Bank and the State for the Program, to arrange for same. The Local Unit auditor and financial advisor, if any, are hereby authorized to prepare the financial information necessary in connection with the issuance of the Local Unit Bonds. The Mayor, the Chief Financial Officer, the Local Unit Adminstrator and the Local Unit Clerk (each, an “Authorized Official”) are hereby severally authorized to execute any certificates necessary or desirable in connection with the financial and other information.
Report to the Local Unit. The Chief Financial Officer is hereby directed to report in writing to this Council at the next meeting of this Council next following the closing with respect to the Local Unit Bonds as to the terms of the Local Unit Bonds authorized to be determined by the Chief Financial Officer pursuant to and in accordance with the provisions of this resolution.
Delivery of the Local Unit Bonds. Each Authorized Official is hereby authorized to execute any certificate or document necessary or desirable in connection with the sale of the Local Unit Bonds and is hereby further authorized to deliver same to the I-Bank and the State upon delivery of the Local Unit Bonds and the receipt of payment therefor in accordance with the Loan Agreements.
Execution of Agreements. The I-Bank Loan Agreement, the Fund Loan Agreement and the Escrow Agreement (collectively, the “Financing Documents”) are hereby authorized to be executed and delivered on behalf of the Local Unit by an Authorized Official (other than the Local Unit Clerk) in substantially the forms required and traditionally used by the I-Bank and the State (which forms are available from the I-Bank and the State), with such changes as such Authorized Official, in his or her sole discretion, after consultation with counsel and any advisors to the Local Unit (the “Local Unit Consultants”) and after further consultation with the I-Bank, the State and their representatives, agents, counsel and advisors (collectively, the “Program Consultants” and, together with the Local Unit Consultants, the “Consultants”), shall determine, such determination to be conclusively evidenced by the execution of each such Financing Document by an Authorized Official (other than the Local Unit Clerk). The Local Unit Clerk is hereby authorized to attest to the execution of the Financing Documents by an Authorized Official and to affix the corporate seal of the Local Unit to such Financing Documents.
Authorized Actions. The Authorized Officials are hereby further severally authorized to (i) execute and deliver and the Local Unit Clerk is hereby further authorized to attest to such execution and to affix the corporate seal of the Local Unit to any document, instrument or closing certificate deemed necessary, desirable or convenient by the Authorized Officials or the Local Unit Clerk, as applicable, in their respective sole discretion, after consultation with the Consultants, to be executed in connection with the execution and delivery of the Financing Documents and the Local Unit Bonds and the consummation of the transactions contemplated thereby, which determination shall be conclusively evidenced by the execution of each such document, instrument or closing certificate by the party authorized under this resolution to execute such document, instrument or closing certificate and (ii) perform such other actions as the Authorized Officials deem necessary, desirable or convenient in relation to the execution and delivery thereof.
Multiple Document Sets. Notwithstanding any other provision of this resolution to the contrary, if in connection with the participation of the Local Unit in the Program, the State and the I-Bank require that the Local Unit execute more than one set of documents, the provisions of this resolution shall be deemed to apply to the Local Unit Bonds and the Financing Documents related to each set of documents; provided, however, that in no event may the aggregate principal amount of all Local Unit Bonds issued and delivered pursuant to the provisions of this resolution be in excess of the amount referred to in Section 2(a) hereof.
Interim Financing. In anticipation of the issuance of the Local Unit Bonds, the Local Unit hereby authorizes, if necessary or desirable, the issuance, sale and award of a bond anticipation note or notes, or other obligation or obligations (the “Note”) pursuant to the I-Bank’s financing program. The Note shall be substantially in the form provided by the I-Bank. The execution and delivery of the Note shall be in the same manner as herein prescribed with respect to the Local Unit Bonds. An Authorized Official is hereby authorized to determine, pursuant to the terms and conditions established by the I-Bank under its financing program and the terms and conditions of this resolution, the following items with respect to the Note: (a) the aggregate principal amount of the Note to be issued, which amount shall not exceed $2,400,000; (b) notwithstanding any provisions of the Bond Ordinance or of N.J.S.A. 40A:2-8 to the contrary and as authorized by the provisions of N.J.S.A. 58:11B-9(e), the maturity of the Note, which shall be no later than five (5) years after the date of issuance thereof or such longer or extended period of time as may be permitted under the rules of the I-Bank’s financing program; (c) the date of the Note; (d) the interest rate or rates of the Note (including different interest rates applicable to different drawdowns on the Note), which shall not exceed three percent (3%) per annum or such higher rate as may be determined pursuant to the rules of the I-Bank’s financing program; (e) the purchase price for the Note; and (f) such other matters with respect to the Note as may be necessary, desirable or convenient in connection with the sale, issuance and delivery thereof, including, without limitation (i) combining the issuance of the Note with the issuance of other notes of the Local Unit authorized or to be authorized to be issued for other purposes and (ii) issuing the Note in the form of multiple notes from time to time if the project is funded in more than one installment by the I-Bank. The Authorized Officials are hereby further severally authorized to manually execute and deliver and the Local Unit Clerk is hereby further authorized to attest by manual signature to such execution and to affix, imprint, engrave or reproduce the corporate seal of the Local Unit to any document, instrument or closing certificate deemed necessary, desirable or convenient by the Authorized Officials or the Local Unit Clerk, as applicable, in their respective sole discretion, after consultation with the Consultants, to be executed in connection with the execution and delivery of the Note and the consummation of the transactions contemplated thereby, which determination shall be conclusively evidenced by the execution of each such document, instrument or closing certificate by the party authorized under this resolution to execute such document, instrument or closing certificate.
Capitalized Terms. All capitalized words and terms used but not defined in this resolution shall have the meanings ascribed to such words and terms, respectively, in the preambles to this resolution.
Prior Action. All action taken to date by the officers, employees and agents of the Local Unit with respect to the Local Unit Bonds and the Note hereby are approved, ratified, adopted and confirmed.
Effective Date. This resolution shall take effect immediately.
Resolution #23-54: Transfer Resolution – Balance Transfers
Vice President Buccieri asked for a motion to approve resolution #23-54.
MOVED: Sparta
SECOND: Rizzuto
A roll call vote was taken:
AYES: Buccieri, Rizzuto, Sparta
NAYES:
ABSTAIN:
ABSENT: Tadrick
Motion carries to approve resolution #23-54.
RESOLUTION #23-54
TRANSFER RESOLUTION- BALANCE TRANSFERS
WHEREAS, the Township of Vernon Municipal Budget requires certain modifications to cover potential expenses that may occur in excess of the original budget;
NOW, THEREFORE BE IT RESOLVED by the Township Council of the Township of Vernon that the following Transfer of Appropriation Reserves (2022 Municipal Budget) in accordance with N.J.S.A 40A-58/59 are hereby approved.
|
ACCOUNT |
TRANSFER OUT |
TRANSFER IN |
|
FROM CURRENT FUND: |
||
|
GENERAL ADMINISTRATION O/E |
15,000.00 |
|
|
LAND USE BOARD O/E |
30,000.00 |
|
|
ANIMAL CONTROL S/W |
25,000.00 |
|
|
TO: CURRENT FUND |
||
|
VOLUNTEER EMERGENCY SERVICES O/E |
40,000.00 |
|
|
UTILITIES O/E |
30,000.00 |
|
|
TOTAL TRANSFERS |
70,000.00 |
70,000.00 |
INTRODUCTION OF ORDINANCES
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
Vice President Buccieri asked for a motion to introduce ordinance #23-02.
MOVED: Sparta
SECOND: Rizzuto
A roll call vote was taken:
AYES: Buccieri, Rizzuto, Sparta
NAYES:
ABSTAIN:
ABSENT: Tadrick
Motion passed to introduce ordinance #23-02.
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
Vice President Buccieri asked for a motion to introduce ordinance #23-03.
MOVED: Sparta
SECOND: Rizzuto
A roll call vote was taken:
AYES: Buccieri, Rizzuto, Sparta
NAYES:
ABSTAIN:
ABSENT: Tadrick
Motion passed to introduce ordinance #23-03.
Ordinance #23-04: An Ordinance of the Township of Vernon, County of Sussex, State of New Jersey, Adding Permitted Uses to the Commercial Recreation (CR) Zone in the Township of Vernon
Vice President Buccieri asked for a motion to introduce ordinance #23-04.
MOVED: Rizzuto
SECOND: Sparta
A roll call vote was taken:
AYES: Buccieri, Rizzuto, Sparta
NAYES:
ABSTAIN:
ABSENT: Tadrick
Motion passed to introduce ordinance #23-04.
PUBLIC HEARING/2ND READING OF ORDINANCE
Ordinance #23-01: Calendar Year 2023 Ordinance to Exceed the Municipal Budget Appropriation Limits and to Establish a Cap Bank (N.J.S.A. 40A: 4-45.14)
Vice President Buccieri asked for a motion to open the floor for public hearing on ordinance #23-01.
MOVED: Sparta
SECOND: Rizzuto
All members were in favor.
Seeing no one from the public wishing to come forward, Vice President Buccieri asked for a motion to close the public hearing on ordinance #23-01.
Vice President Buccieri asked for a motion to approve ordinance #23-01.
A roll call vote was taken:
AYES: Buccieri, Rizzuto, Sparta
NAYES:
ABSTAIN:
ABSENT: Tadrick
Motion carries to approve ordinance #23-01.
ORDINANCE #23-01
CALENDAR YEAR 2023
ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK
(N.J.S.A. 40A: 4-45.14)
WHEREAS, the Local Government Cap Law, N.J.S. 40A: 4-45.1 et seq., provides that in the preparation of its annual budget, a municipality shall limit any increase in said budget up to 2.5% unless authorized by ordinance to increase it to 3.5% over the previous year’s final appropriations, subject to certain exceptions; and,
WHEREAS, N.J.S.A. 40A: 4-45.15a provides that a municipality may, when authorized by ordinance, appropriate the difference between the amount of its actual final appropriation and the 3.5% percentage rate as an exception to its final appropriations in either of the next two succeeding years; and,
WHEREAS, the Township of Vernon in the County of Sussex finds it advisable and necessary to increase its CY 2023 budget by up to 3.5% over the previous year’s final appropriations, in the interest of promoting the health, safety and welfare of the citizens; and,
WHEREAS, the governing body hereby determines that a 1% increase in the budget for said year, amounting to $190,839.22 in excess of the increase in final appropriations otherwise permitted by the Local Government Cap Law, is advisable and necessary; and,
WHEREAS the governing body hereby determines that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years.
NOW THEREFORE BE IT ORDAINED, by the Township of the Vernon, in the County of Sussex, a majority of the full authorized membership of this governing body affirmatively concurring, that, in the CY 2023 budget year, the final appropriations of the Township of Vernon shall, in accordance with this ordinance and N.J.S.A. 40A: 4-45.14, be increased by 3.5%, amounting to $667,937.27, and that the CY 2023 municipal budget for the Township of Vernon be approved and adopted in accordance with this ordinance; and,
BE IT FURTHER ORDAINED, that any that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years; and,
BE IT FURTHER ORDAINED, that a certified copy of this ordinance as introduced be filed with the Director of the Division of Local Government Services within 5 days of introduction; and,
BE IT FURTHER ORDAINED, that a certified copy of this ordinance upon adoption, with the recorded vote included thereon, be filed with said Director within 5 days after such adoption.
PUBLIC COMMENTS (Limited to 5 Minutes Per Person)
Vice President Buccieri asked for a motion to open the meeting for public comment.
MOVED: Rizzuto
SECOND: Sparta
All members were in favor.
Peter Knipe, Vernon Township – suggested that the Township switch to LED lighting to save money.
Thomas McClachrie – Vernon Township, feels that the bandshell should be named after all veterans.
Peg Distasi – Vernon Township, thanked Brian Lynch for his service. She agrees that the bandshell should be named after all veterans.
Jessica Paladini – Vernon Township, feels that the bandshell should be named after Vietnam Veterans.
Sean Clarkin – Barry Lakes, feels that the bandshell should be put on the ballot.
Steve Dunlop – Williamsville Estates, asked for an update on the SCUMA appeal. Mr. Dunlop feels that the Vietnam Veterans should be recognized.
Seeing no other members of the public wishing to speak, Vice President Buccieri asked for a motion to close the meeting for Public Comments.
MOVED: Rizzuto
SECOND: Sparta
All members were in favor.
MAYORS COMMENTS
Mayor Burrell reappointed JoAnne Dunakin to the Beautification Committee for a one-year term.
As I have previously stated, one of the standard operating procedures that have been established by this Mayor and Council, is the procedure of viewing every issue from the prospective of:
1. How can we save, and stretch the use, of those taxpayer dollars that’s provided by our local taxpayers; and …
2. How can we specifically do some of the things that we want and need to do for our town, while at the same time saving local taxpayer provided dollars.
Part of our answer has been to first focus on Moving Vernon Forward, by operating the most cost effective and efficient municipal government that we can.
Another part of our answer has been to incorporate as a standard operating procedure the active looking for, and applying for, as many grants as possible.
In my comments tonight, I want to share with our residents some pertinent grant related information about actions that the Mayor and Council have taken which:
1. Enables the town to contribute to the health of residents in a specific and meaningful way;
2. Enables the town to make this contribution while at the same time saving local taxpayer provided dollars; and …
3. Enables the town to observe National Radon Action Month by taking a meaningful health related action.
The municipality has applied for and received a small, but meaningful, grant to purchase and distribute free Radon Test Kits to Vernon residents who are interested in testing their homes for the presence of radon gas.
Radon gas is a radioactive gas that is colorless, odorless, and found across many homes in the U.S.
This gas is the second leading cause of lung cancer after cigarette smoking. The EPA and the Surgeon General’s office estimate that radon is responsible for more than 21,000 lung cancer deaths each year in the United States.
This grant will allow us to purchase a limited number of Radon Test Kits, and, therefore, these test kits will be made available to Vernon residents on a first-come, first-served basis.
Based on the timeliness of our ability to get these Radon Test Kits from one of the State of New Jersey approved test kit suppliers, we anticipate having these kits available by the end of January or the first part of February.
More specific information about the availability of these kits and where residents will be able to pick one up will be made available on the municipal website.
Moving Vernon Forward by making it a healthier town in which to live and raise a family!
In our efforts to successfully jump through the many hoops that the New Jersey Department of Environmental Protection (DEP) has required us to jump through in order to move forward with the much-needed replacement of our decades old Sewer Pump Station # 2, we ran up against a last minute previously unknown DEP requirement for the town to have a formal easement agreement to gain access to this pump station.
This is a critical pump station that serves the Municipal Center, as well as the entire Town Center area; and, because this pump station is located on Mountain Creek’s property, according to the DEP, this type of easement agreement should have been in place decades ago.
As the municipality ran up against a critical deadline that made it absolutely necessary for us to get the required formal easement executed, Joe Hession and his team at Mountain Creek made it a priority to allocate the time and human resources needed to get this required task done.
The completion of this task is reflected by the Council’s passage tonight of Resolution # 23-58.
COUNCIL COMMENTS
Council Member Sparta thanked Brian Lynch for his service to Vernon Township.
Council Member Sparta asked what the budget timeline is for the 2023 budget.
CFO Bright explained the budget timeline.
Council Member Sparta asked what the process is to fill Brian Lynch’s vacated seat and also how is this going to be listed on the petition in November.
Township Attorney Zielinski and the Council discussed the options to fill the vacant Council seat.
Council Member Rizzuto wished Brian Lynch the best of luck and thanked him for all of his service to Vernon Township.
COUNCIL VICE PRESIDENT COMMENTS
Vice President Buccieri thanked Brian Lynch for all of his service. She asked the Township Attorney what the process should be to fill the vacant seat.
The Council discussed advertising on the website for interested people for the vacant Council seat.
ADJOURNMENT
At 8:10 pm Vice President Buccieri made a motion to adjourn the meeting. Seconded by Council Member Sparta.
All were in favor.
Respectfully submitted,
Marcy Gianattasio, RMC, CMR
Municipal Clerk
Minutes approved: February 16, 2023
