Minutes: May 8, 2023

YouTube of the  May 8, 2023 council meeting

This Meeting of the Township Council of the Township of Vernon was convened at 7:00 p.m. on May 8, 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, Patrick Rizzuto, 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 Joshua Zielinski.

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: Sparta

SECOND: Distasi

All members were in favor.

Jessica Paladini – questioned 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: Rizzuto

SECOND: Distasi

All members were in favor.

REVIEW OF BILLS LIST

The Council reviewed the bills list.

APPROVAL OF MINUTES

April 24, 2023 – Regular Meeting

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

MOVED: Sparta

SECOND: Distasi

A roll call vote was taken:

AYES: Distasi, Sparta, Tadrick, Buccieri

NAYES:

ABSTAIN: Rizzuto

ABSENT:

Motion carries to approve the above listed minutes.

CONSENT AGENDA

Resolution #23-132: Chapter 159 Resolution Requesting Approval of Revenue and Appropriation Amending the 2023 Budget as a Revenue and Appropriation of $9,995.00

Resolution #23-133: Resolution Authorizing Fireworks to be Displayed on July 4, 2023 Within the Township of Vernon

Resolution #23-134: Authorizing Issuance of Estimated Property Tax Bills

Resolution #23-136: Resolution Supporting the Vernon Township High School Senior Sign Project for the Class of 2023

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

MOVED: Distasi

SECOND: Buccieri

A roll call vote was taken:

AYES: Distasi, Rizzuto, Sparta, Tadrick, Buccieri

NAYES:

ABSTAIN:

ABSENT:

Motion carries to approve the consent agenda.

RESOLUTION #23-132
CHAPTER 159 RESOLUTION REQUESTING APPROVAL OF
REVENUE AND APPROPRIATION AMENDING THE 2023 BUDGET
AS A REVENUE AND APPROPRIATION OF $9,995.00

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

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

WHEREAS, the Township has been awarded a $9,995.00 Statewide Insurance Safety Award Grant; and wishes to amend its 2023 budget for the difference of the awarded amount as a revenue.

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Vernon hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2023 in the sum of $9,995.00 which is now available as a revenue,

BE IT FURTHER RESOLVED that a like sum of $9,995.00 is hereby appropriated under the caption Statewide Insurance Safety Award Grant.

RESOLUTION #23-133
RESOLUTION AUTHORIZING FIREWORKS TO BE DISPLAYED
ON JULY 4, 2023 WITHIN THE TOWNSHIP OF VERNON

WHEREAS, N.J.S.A.21:3-1et seq. Explosive and Fireworks, provides that a Municipal Governing Body must authorize the display of fireworks within its boundaries as a pre-condition to such display in accordance with the New Jersey Fire Prevention Code; and

WHEREAS, Mountain Creek has submitted an application to Vernon Township to conduct fireworks display on July 4, 2023 to be held at Mountain Creek Resort, 200 RT 94; and

WHEREAS, the proposed fireworks display location will be on the Mountain Creek employee parking lot, Block 378 Lot 20 as noted on application Site Map; and

WHEREAS, Mountain Creek Resort has engaged in a contract with Garden State Fireworks, Millington, NJ, to perform the public fireworks and special effects display and has provided the required certificate of liability insurance to the Township.

NOW THEREFORE BE IT RESOLVED that the Council of the Township of Vernon, in the County of Sussex, hereby authorizes the firework display, performed by Garden State Fireworks Inc. on July 4, 2023 at Mountain Creek Resort, located at 200 Route 94, Vernon, upon satisfaction of all statutory and departmental requirements.

RESOLUTION #23-134
Authorizing Issuance of Estimated Property Tax Bills

WHEREAS, the Mayor and Council of the Township of Vernon finds and declares that Township financial officials have determined that there could be insufficient cash flow to support operations in late July, 2023 unless third quarter revenue is received on time; and

WHEREAS, the Mayor and Council further finds and declares that Tax Collector Lisa A. Kimkowski and the Chief Financial Officer, Donelle Bright De Couto, have reviewed and computed an estimated tax levy in accordance with N.J.S.A. 54:4-66.3 and is recommending authorization to issue property tax bills based upon this estimated tax levy;

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

1.   That Vernon Township Tax Collector, Lisa A. Kimkowski, is hereby authorized and directed to prepare and issue estimated tax bills for the Township of Vernon for the third quarter of 2023, in accordance with the provisions of N.J.S.A. 54:4-66-2;

2.   That the entire estimated tax levy for CY 2023 is hereby set at $80,324,446.73; and

3.     That Vernon Township Tax Collector, Lisa A. Kimkowski, is hereby authorized to undertake any and all additional steps deemed necessary and appropriate to immediately implement the substance of this Resolution.

RESOLUTION #23-136
RESOLUTION SUPPORTING THE VERNON TOWNSHIP HIGH SCHOOL SENIOR SIGN PROJECT FOR THE CLASS OF 2023

WHEREAS, the Vernon Township High School Senior Class of 2023 has worked hard, honed their many talents, and made sacrifices to finish their academic careers in the Township of Vernon; and

WHEREAS, the Township of Vernon would like to encourage these young people and recognize the great milestone of graduating from high school and beginning their adult and professional lives.

WHEREAS, this is the ending of one chapter and the beginning of another for the Class of 2023. This is a time for the Township of Vernon to come together in solidarity to support our future leaders; and

WHEREAS, the Township of Vernon commends the Vernon Township High School Senior Class of 2023 and wishes them well in their future endeavors.

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Vernon hereby honors the Vernon Township High School Senior Class of 2023 and authorizes the following:

1. The Student Life Committee of the Vernon Township Board of Education as well as parent volunteers, from approximately May 27, 2023 to June 17, 2023, will place signs honoring the Vernon Township Senior Class of 2023. The signs will begin on Guthrie Road and continue on both sides of Main Street.

2. The Student Life Committee and parent volunteers will have a day-to-day schedule to make sure signs are not down, obstructing views of the roadway, need replacement and/or adjustment.

3. At the conclusion of the signs being on Main Street, the signs will be moved to the Vernon Township High School driveway for graduation day.

RESOLUTION

Resolution #23-131: Resolution Authorizing Purchase of Two Pierce Saber Side Dry Tankers Fire Fighting Equipment Through Sourcewell National Cooperative #113021-OKC Through Fire and Safety Services Inc.

President Buccieri asked for a motion to approve resolution #23-131.

MOVED: Distasi

SECOND: Sparta

A roll call vote was taken:

AYES: Distasi, Rizzuto, Sparta, Tadrick, Buccieri

NAYES:

ABSTAIN:

ABSENT:

Motion carries to approve resolution 23-131.

RESOLUTION #23-131
RESOLUTION AUTHORIZING PURCHASE OF TWO PIERCE SABER SIDE DRY TANKERS FIRE FIGHTING EQUIPMENT THROUGH SOURCEWELL NATIONAL COOPERATIVE #113021-OKC THROUGH FIRE & SAFETY SERVICES INC.

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

WHEREAS, in accordance with the requirements of the Local Public Contract Law P.L. 2011, C.139 (the “Law” or “Chapter 139” and N.J.S.A.52:34-6.2 the regulations promulgated there under in Local Finance Notice LFN 2012-10, the following purchase without competitive bids from vendor with a Sourcewell National Cooperative is hereby approved for municipalities, and;

WHEREAS, the Township of Vernon has the need to procure certain firefighting equipment and accessories for two Pierce Saber Side Dry Tankers purchase in accord with the Local Publics Contract Law N.J.S.A. 40A:11-1 et. Seq., and;

WHEREAS, the Township of Vernon has previously acted in accord with New Jersey public procurement statutes and regulations as promulgated by formally joining a recognized and compliant national cooperative, being the Sourcewell National Cooperative, and;

WHEREAS, the regulations as set forth within Local Finance Notice LFN 2012-10 have been fully complied with, and;

WHEREAS, the equipment and corresponding Sourcewell National Cooperative contract #113021-OKC for Pierce Products Inc; and

WHEREAS, the cost savings determination has been identified as required under LFN 2012-10; and

WHEREAS, the quoted cost under the Sourcewell National Cooperative is contract $1,551,527.56; and

WHEREAS, the Chief Financial Officer has determined, and certified available funds are available in the amount of $1,551,527.56 from line items: C-04-23-012 and C-04-23-0110 and C-04-21-012      

NOW THEREFORE BE IT RESOLVED THAT, the Mayor is hereby authorized to effectuate the purchase of herein approved equipment for the approved cost of $1,551,527.56 in accord with the provisions of the tenets as established within 40A:11-1 et. Seq.,

INTRODUCTION OF ORDINANCE

Council Member Sparta recused himself.

Ordinance #23-14: Capital Ordinance

Council President Buccieri asked for a motion to introduce ordinance #23-14 for discussion.

MOVED: Distasi

SECOND: Sparta

All members were in favor.

Council Member Distasi would like to see this ordinance broken down to individual items and be voted on separately.

CFO Bright will provide the Council with information on each item listed in the Capital Ordinance.

PUBLIC COMMENTS (Limited to 5 Minutes Per Person)

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

MOVED: Sparta         

SECOND: Buccieri

All members were in favor.

Steve Dunlop – questioned the bills list.

Charles Peck – expressed concern about the proposed cannabis cultivation facility on Maple Grange Road.

Joanna (Vernon resident) expressed concern about the proposed cannabis cultivation facility. She is also concerned about the land owner who leased the property to the owner of the cultivation facility because they have loud venues.  

Kathleen Gerry – expressed concern about the proposed cannabis cultivation facility.

Jessica Paladini – expressed concern for adjacent property owners of the proposed cannabis site. Ms. Paladini feels that Council Members should get information needed before the meetings so business is not stalled. Ms. Paladini also feels that Council Member Distasi posts Vernon business on Facebook.

Walter Marsico – expressed concern in reference to a phone call he received from the Township Business Administrator about his CO. He feels that he is being harassed.

Ann Larson – feels that Josh Gottheimer is responsible for the cannabis facility. Ms. Larson expressed concern with the trees that were part of a recent brush fire.

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

MOVED: Rizzuto       

SECOND: Sparta

All members were in favor. 

MAYOR COMMENTS

We ended April, which was National Volunteer Appreciation Month, by expressing our town’s appreciation for one of its most civic minded, caring and generous volunteer organizations, the outstanding VERNON ROTARY CLUB.

On April 29, the VERNON ROTARY CLUB made a donation to our new Town Center Park, which will make one of the park’s key amenities - - that being the Walking Trail - - more accessible to those with physical limitations.

The donation by the VERNON ROTARY CLUB was a Deluxe Electric, All-Terrain Long Range Motorized Wheelchair, built by Rubicon Mobility, a U.S. company that specializes in producing innovative and high-quality electric wheelchairs and mobility scooters. 

This Deluxe Electric, All-Terrain Long Range Motorized Wheelchair is a comfortable and stylish electric wheelchair, which was designed and based on the preferences of thousands of wheelchair, scooter, and walker users. 

It features a powerful engine with two 300W brushless dual motors and posi-traction capabilities, making it easy to navigate different terrains, including steep slopes. 

This powerful and comfortable wheelchair comes with a long-range lithium-ion battery that can last up to 20 miles. 

The .24 miles portion of the Town Center Trail that loops around the Town Center Pump Track already meets the accessibility requirements of The Americans with Disabilities Act (ADA); this gift from the VERNON ROTARY CLUB will make the remaining .56 miles of the Trail ADA accessible to users of this unique powerful and comfortable wheelchair. 

This gift from the VERNON ROTARY CLUB will be managed for the town through the office of our Director of Recreation and Community Affairs, Ms. Mishelle Downtain.

Specifics related to reserving and using this Deluxe Electric, All-Terrain Long Range Motorized Wheelchair can be obtained by either calling the Municipal Department of Recreation and Community Affairs, or by accessing the Services/Recreation/Wheelchair Reservation tabs on the Vernon Township Website.

On behalf of the residents of Vernon, I, again, offer a very grateful THANK YOU to the outstanding VERNON ROTARY CLUB!                  

COUNCIL COMMENTS

There were no Council comments.

COUNCIL PRESIDENT COMMENTS

Council President Buccieri appreciated all of the residents who came forward with their concerns about the cannabis cultivation facility. It has been a concern that she has had and has brought up many times. Council President Buccieri encourages citizens with concerns to attend Council and Land Use
Board meetings and speak out about their concerns.

ADJOURNMENT

At 7:52 pm Council Member Sparta made a motion to adjourn the meeting. Seconded by Council Member Rizzuto.

All were in favor.          

Respectfully submitted,
Marcy Gianattasio, RMC, CMR
Municipal Clerk                                                                              

Minutes approved: May 22, 2023