Minutes: April 25, 2022

 YouTube video of the April 25, 2022 council meeting »

This Meeting of the Township Council of the Township of Vernon was convened at 7:00 p.m. on April 25, 2022 via Zoom Webinar and in the Vernon Municipal Center, 21 Church Street, Vernon, New Jersey with Council President Patrick Rizzuto presiding.

STATEMENT OF COMPLIANCE

Adequate notice of this meeting has been provided to the public and the press on January 14, 2022 and on May 3, 2022 and was posted on the bulletin board in the Municipal Building in accordance with the Open Public Meetings Act, N.J.S.A. 10:4-7.

ROLL CALL

Present were Council Members Natalie Buccieri, Michael Furrey, Brian Lynch and Council President Patrick Rizzuto. Also present were Mayor Howard Burrell, Business Administrator Charles Voelker, Municipal Clerk Marcy Gianattasio and Township Attorney Josh Zielinski.

SALUTE TO THE FLAG

Council President Rizzuto led the assemblage in the salute to the flag.

PROCLAMATION

Designation of April as National Volunteer Month

Council Member Buccieri read the proclamation.

Council President asked for a motion to bring this proclamation forward.

MOVED:  Brian Lynch

SECOND: Michael Furrey

A roll call vote was taken to have a recess.

AYES: Buccieri, Furrey, Lynch, Rizzuto

NAYES:        

ABSTAIN:

ABSENT: Shortway

Motion passed to have to have this proclamation brought forward.

CERTIFICATE OF RECOGNATION

Cristian Vintimilla

Council President Rizzuto, the Council and Mayor presented Cristian Vintimilla a certificate of recognition for Cristian’s accomplishment of receiving an appointment to the Air Force Academy in Colorado Springs, Colorado.   

PRESENTATION

Board of Recreation

The Vernon Township Board of Recreation gave a presentation to update the Council on the events that the Board of Recreation have planned for 2022.

The Board of Recreation’s goals are to promote the assets of Vernon through for programs and events, create no-cost or low-cost programs and events for all ages, encourage cooperation amongst various town committees/boards and civic organizations, create a better community for all and seek impute from residents and encourage them to bring new ideas to be developed.

The 2022 events are:

Sidewalk Chalk Art Festival

Snowshoe 5K Viking Invasion

Easter Egg Trail

Group Hiking Series

Plant Swap

Memorial Day Parade

Vernon Day

Trails of Vernon Challenge

Vernon Makers Market

Family Friendly Movie Night

Sussex County Day

Trick or Trail

Vernon Holiday Market

5K Turkey Trot

Tree Lighting

Operation Toy Trail

Future Projects:

Butterfly Release

Hike, Bike & Kite Day

Summer Fitness Program 

DISCUSSION ITEM

Cell Phone Reception

The Council discussed increasing issues with cell phone service and internet service in the township. They asked if the Mayor could use his contacts or representatives to try to resolve this.  

REVIEW OF BILLS LIST

The Council reviewed the bills list.

MAYOR COMMENTS

April is NATIONAL VOLUNTEER MONTH, and I don’t want this month to pass without me making a personal expressing of how much our town appreciates, values and benefits from the time, energy, efforts, and commitment of our vast team of volunteers. 

As I have said before, our town and its taxpayers could never afford to pay individuals to do the many, many things that volunteers do every day to make our town an even better place to live and raise a family.

With this being NATIONAL VOLUNTEER MONTH, I was very pleased that on tonight, we had the honor of hearing a presentation from one of the town’s premier volunteer organizations, the Vernon Board of Recreation. 

I observed first hand and participated in many of the activities that the Vernon Board of Recreation provided our town in 2021, and look with eagerness to do whatever I can to support their efforts during 2022. 

I also use this opportunity to acknowledge the contributions, just last week, of a group of volunteers from one of our town’s churches, the Glenwood Baptist Church. 

The Glenwood Baptist Church blessed our Senior Center with 15 beautiful leather chairs to be used in the lounge area by our seniors while socializing and engaging in enrichment activities. 

In addition, they donated new equipment for the Maple Grange Park Snack Bar. This contribution supports the town’s on-going initiatives to make Maple Grange Park an even more usable facility to be enjoyed by our community. 

Members of the Glenwood Baptist Church will also be volunteering their time and efforts to help with the installation of this new equipment. 

It is said that the heart of a volunteer is not measured in the physical size of the heart, but in the depth of the volunteer’s commitment to make a difference in the lives of others. 

Our volunteers are shining examples of this statement!

This past Friday, April 22, was Earth Day; and, I want to thank another group of volunteers for ensuring that Vernon Township offered an organized municipal opportunity for our residents to participate in, and contribute to, the observance of this important day.

This group of volunteers - - consisting of the Board of Recreation, the Vernon Girl Scouts, Cub Scouts, and Boy Scouts, plus the Vernon Environmental Commission - - came together and enabled Vernon Township to join with 134 other New Jersey municipalities in a strategic, positive action that contributes to the maintenance and improvement of the environment that the Creator has blessed us with on this planet.

The action of which I speak was part of a world-wide effort to help in the reforestation of our planet, and Vernon Township made its contribution through this group of volunteers as they gave away 500 Tree Seedlings this past weekend at Heaven Hill Farm. 

Since the beginning of the 20th century, the world’s forests have lost about 20% of their coverage. According to the United Nations’ Food and Agriculture Organization, approximately 18 million acres of the world’s forest are lost every year, and roughly half of Earth’s tropical forests have already been cleared.

The organization EARTHDAY.ORG recognizes the planting of billions of trees across the world as one of the biggest and cheapest ways of taking CO2 out of the atmosphere to tackle the climate crisis. 

Not only do forests act as carbon sinks, but they also provide vital habitat for animals and ecological services for humans, such as purifying the air we breathe and regulating local temperatures.

Responsible reforestation programs can also stabilize land from erosion or natural disasters, improve soil health and groundwater recharge, and provide for economic development.

Reforestation is one of the most important and accessible ways that people can contribute to solving the challenges of climate change, and I am pleased and proud that these volunteers enabled Vernon Township to play its part in this world-wide effort.  

At the April 11 Council meeting, I informed the Council and the public of an error that my administration had made during our November 2021 sale of excess municipal property. This sale of excess municipal property was a part of our efforts to get vacant, not used municipal property back on the tax rolls.

I also stated that this error is something that I am neither proud of nor pleased with; and, because this error occurred on my watch as Mayor, I accept the responsibility for it.

During this sale, we erroneously sold a .18 of an acre parcel of municipal property that contained one of the municipality’s five Repeater devices that are used to extend the range and quality of our overall communications ability to various parts of our 70 square mile town.

After I was informed of this error on March 31, I spent seven extended hour days conducting an investigation to determine (1) what happened, (2) the reasons that this error occurred; and (3) actions that I could take that would ensure that this kind of error does not occur in the future.

On April 7 I provided the Council a written summary report of my findings.

I comment on this matter again tonight, because I notice that on tonight’s agenda, the Council plans to vote on Resolution # 22-100, which would approve the spending of up to $10,000 for the Council to conduct their own investigation to determine why this error occurred.  

 As I have informed the Council, while I believe that my detailed inquiry into this matter, and the resulting report that I sent to the Council on April 7, addressed:

1. All of the pertinent factors that could contribute to determining what happened and the reasons that this error occurred;

2. The actions that I have taken/will be taking to ensure that this kind of error does not occur in the future; and …

3. The actions that I have taken/will be taking to find an effective solution to the problem that has been created - -

While I believe that my detailed inquiry fully addressed these matters, I understand and respect the fact that under our form of government, the Council has the right to conduct its own legislative inquiry or investigation into this matter.

However, I do question the rational and the economic wisdom of the Council’s plans to move forward with the action outlined by this resolution.

I question the rational of this resolution because:

1. I spent a considerable amount of time and effort conducting a detailed investing this matter;

2. I provided the Council a summary of the results of my investigation; and …

3. Even though the Council have had a copy of the results of my investigation for the past almost three weeks, no Council member has informed me that they believed that either my findings or corrective plans of action were unclear or incomplete.

So, I don’t understand why the Council wants to spend up to $10,000 of taxpayer funds to conduct a second investigation.

I question the economic wisdom of this resolution because at a time when both the Mayor and the Council have focused a considerable amount of time and effort on reviewing, in detail, various line items in the 2022 Municipal Budget, with the specific objective of reducing this year’s tax burden on the homeowners, the Council would then turn around and freely spend up to $10,000 of taxpayer funds to conduct a second investigation.

Even though I question the rational and the economic wisdom of the Council conducting such an investigation, as I said, I understand and respect the fact that under our form of government, the Council can conduct their own legislative inquiry or investigation into this matter.

However, I also know and understand, that simply because you can take a specific action, does not mean that you should take that action.

If the Council passes Resolution # 22-100, after I receive the documents and information that’s required as per this resolution, I will sign the required professional services agreement with the investigate firm that the Council has chosen.

I will do this because I believe that the only way that this form of government works properly for Vernon’s residents, is for the Mayor and the Council to respect each other’s authority to take an action, even when they disagree with that action.

Council President Rizzuto made a motion for a recess. Seconded by Council Member Buccieri.

A roll call vote was taken to have a recess.

AYES: Buccieri, Furrey, Lynch, Rizzuto

NAYES:        

ABSTAIN:

ABSENT: Shortway

Motion passed to have a recess.

Council Member Buccieri made a motion to go back to the meeting. Seconded by Council Member Lynch.

All members were in favor.

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

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

MOVED: Brian Lynch

SECOND: Natalie Buccieri

All members voted in favor.

Steve Dunlop – Williamsville Estates, read an email regarding the property that was sold in error and he does not believe the town is managed well.

Walter Marsico – Vernon Township, asked how the Mayor can conduct his own investigation. Mr. Marsico questioned resolution #22-106 appointing Robert Westenberger as the construction official. He feels that Mr. Westenberger is making problems in the town.

Ann Larson – Vernon Township, feels that we cannot have mistakes made like the property sold in error. She also feels that you cannot run your own investigation.

Rich Carson – Sussex, commented on the resolution to appoint Robert Westenberger because he feels that Mr. Westenberger’s position should not be made permanent.  

Sean Clarkin – Vernon Township, feels that in Cooperate America if mistakes are made the person would be fired. Mr. Clarkin questioned why we would hire a grant writer if we have someone on the staff who is already a grant writer. Mr. Clarkin commented that he does not know what the Mayor’s background is but he feels that retiring from the military is not a badge of courage.

Jessi Paladini – Vernon Township, feels that the Recreation Department should not be celebrated and that they should be following a social media policy.

Pag Distasi - Vernon Township, congratulated Cristian Vintimillia for his appointment into the Air Force Academy. Ms. Distasi feels that the Council should do an independent evaluation of what happened. Ms. Distasi questioned some items on the bills list. Ms. Distasi asked why Chuck Voelker does not write grants for Vernon. She asked if the Mayor looked at the grant information she emailed to him in reference to lake communities.

Tom McClachrie – Vernon Township, feels that there should be an investigation. Mr. McClachrie is against the municipal budget. Mr. McClachrie asked why salaries are not included on the resolutions.

Shawn Mazur – Vernon Township, asked if vacant and abandoned property fees are going to be refunded. Mr. Mazur feels that Bob Westenberger is not professional. Mr. Mazur questioned how the property with the radio tower could be sold in error.

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

MOVED:  Brian Lynch

SECOND: Michael Furrey

A roll call vote was taken to closed the meeting to the public

AYES: Buccieri, Furrey, Lynch, Rizzuto

NAYES:        

ABSTAIN:

ABSENT: Shortway

Motion passed to approve close the meeting to the public.

 REVIEW OF BILLS LIST

 The Council reviewed the bills list.

 CONSENT AGENDA

Resolution #22-98: Resolution Authorizing Trade in of Certain Equipment to Offset Cost of New Equipment

Resolution #22-99: Resolution Authorizing Award of Contract to Vendor with National Cooperative Contracts for Pochuck Valley Fire Company

Resolution #22-100: Resolution Authorizing an Agreement for Professional Services with Lavery, Selvaggi, Abromitis & Cohen, P.C. for Legal Services to Perform an Independent Investigation

Resolution #22-101: Refund for Totally Disabled Veteran (Block 126 Lot 11 – Canova)

Resolution #22-102: Refund Overpayment Due to State Tax Court Judgement – L & R Equity, LLC (Various Block and Lots)

Resolution #22-103: Refund Overpayment Due to State Tax Court Judgement – L & R Equity, LLC (Various Block and Lots)

Resolution #22-104: Authorizing Approval of Sussex County Contribution to the Vernon and Glenwood Pochuck Volunteer Ambulance Squads

Resolution #22-105: Authorizing the Award of a Required Disclosure Contract for Professional Legal Services for Sale of Township Property and In Rem Foreclosures

Council President Rizzuto asked for a motion to place resolutions #22-98, #22-99, #22-101, #22-102, #22-103, #22-104, #22-105 on the floor for consideration

MOVED: Michael Furrey   

SECOND: Natalie Buccieri

A roll call vote was taken:

AYES: Buccieri, Furrey, Lynch (all but #22-98 and #22-99), Rizzuto

NAYES:

ABSTAIN: Lynch (#22-98 and #22-99)

ABSENT: Shortway

Motion passed to approve resolutions #22-98, #22-99, #22-101, #22-102, #22-103, #22-104, #22-105.

RESOLUTION #22-98

RESOLUTION AUTHORIZING TRADE IN OF CERTAIN EQUIPMENT TO OFFSET  COST OF NEW EQUIPMENT

WHEREAS, in accordance with the requirements of the Local Public Contract Law 40A:11-36(7) the Township may authorize trade in of obsolete equipment to offset the cost of new equipment; and

WHEREAS the Township of Vernon is desirous of trading in 2003 American LaFrance pumper fire apparatus, to Fire & Safety Services to offset the cost of new fire apparatus, for a trade in value of $40,000.00: and

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

Authorization is hereby granted to trade in 2003 American LaFrance pumper fire apparatus, to Fire & Safety Services to offset the cost of new fire apparatus, for a trade in value of $40,000.00.

RESOLUTION #22-99

RESOLUTION AUTHORIZING AWARD OF CONTRACT TO VENDOR WITH NATIONAL COOPERATIVE CONTRACTS FOR POCHUCK VALLEY FIRE COMPANY

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 National Cooperative Contract is hereby approved for municipalities, and;

WHEREAS, the Township of Vernon has the need to procure certain specialized fire equipment 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 Houston Galveston Area Cooperative, and;

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

WHEREAS, the Business Administrator has complied with the public notification provisions of public advertisement and has received no protests in accord with law and regulation, and;

WHEREAS, the equipment and corresponding Houston Galveston Area Cooperative contract proposal from Fire & Safety Services, an authorized dealer under HGAC contract FS12-19 Fire Service Apparatus, Pierce Enforcer custom pumper in the amount of $648,723.55 inclusive of a $40,000.00 trade in allowance for 2003 American LaFrance pumper, allowable under N.J.S.A. 40A:11-36; and

WHEREAS, the Chief Financial Officer certifies that funds are available in the amount of $648,723.55 through Line Item: C-04-22-008.

RESOLUTION #22-101

REFUND FOR TOTALLY DISABLED VETERAN

(Block 126 Lot 11 – Canova)

            WHEREAS, THE DEPARTMENT OF VETERANS AFFAIRS

awarded Kevin Canova a 100% permanent and totally disabled veteran: and,

            WHEREAS, the law exempts said property from taxation.

            NOW, THEREFORE, BE IT RESOLVED, by the Council of the Township of Vernon hereby authorizes the Tax Collector to refund 1^st quarter 2022 property tax in the amount of $1,867.73 to Kevin Canova.

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

RESOLUTION #22-102

REFUND OVERPAYMENT DUE TO STATE TAX COURT JUDGMENT – L & R Equity, LLC

(Various Block and Lots)

WHEREAS, a Tax Court Judgment has been favorably awarded for the year 2020: and,

WHEREAS, such Judgment has resulted in an overpayment of various block and lots:

            BLOCK/LOT OWNER                     ADDRESS                   REFUND AMT.

            607/25             L&R EQUITY, LLC  40 RT 94                     $4,893.76

            607/26             L&R EQUITY, LLC  40 RT 94                     $   635.39

            607/27             L&R EQUITY, LLC  40 RT 94                     $   388.12

            607/28             L&R EQUITY, LLC  40 RT 94                     $   377.17

            607/31             L&R EQUITY, LLC  40 RT 94                     $   336.47

            607/32             L&R EQUITY, LLC  40 RT 94                     $   311.44

                                                                                             

                                                                                          TOTAL                   $6,942.35

NOW, THEREFORE BE IT RESOLVED by the Council of the Township of Vernon, to authorize the Tax Collector to refund the 2020 overpayment in the amount of $6,942.35 to Stavitsky & Associates,LLC Attorneys for Plaintiff

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

RESOLUTION #22-103

REFUND OVERPAYMENT DUE TO STATE TAX COURT JUDGMENT – L & R Equity, LLC

(Various Block and Lots)

 

WHEREAS, a Tax Court Judgment has been favorably awarded for the year 2021: and,

WHEREAS, such Judgment has resulted in an overpayment of various block and lots:

            BLOCK/LOT OWNER                     ADDRESS                   REFUND AMT.

            607/25             L&R EQUITY, LLC  40 RT 94                     $18,320.54

            607/26             L&R EQUITY, LLC  40 RT 94                     $   207.44

            607/27             L&R EQUITY, LLC  40 RT 94                     $   121.01

            607/28             L&R EQUITY, LLC  40 RT 94                     $   119.44

            607/31             L&R EQUITY, LLC  40 RT 94                     $   111.58

            607/32             L&R EQUITY, LLC  40 RT 94                     $     97.44

                                                                                             

                                                                                          TOTAL                   $18,977.45

NOW, THEREFORE BE IT RESOLVED by the Council of the Township of Vernon, to authorize the Tax Collector to refund the 2020 overpayment in the amount of $18,977.45 to Stavitsky & Associates,LLC Attorneys for Plaintiff

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

RESOLUTION #22-104

AUTHORIZING APPROVAL OF SUSSEX COUNTY CONTRIBUTION TO THE VERNON AND GLENWOOD POCHUCK VOLUNTEER AMBULANCE SQUADS

WHEREAS, Vernon Township is in receipt of Request for Certification for Rescue Squad Contribution of $4,500.00 per squad from the County of Sussex; and 

WHEREAS, per a resolution approved by the Board of Chosen Freeholders on February 28, 2001, Sussex County established policy to appropriate aid to Emergency Rescue Squads for the benefit of the county residents; and

WHEREAS, the policy stated that prior to approval, the appropriate municipality must approve the Emergency Rescue Squad seeking financial assistance.

NOW THEREFORE BE IT RESOLVED, by the Council of the Township of Vernon that it hereby approves the Certification for Rescue Squad Contribution to the Vernon and Glenwood Pochuck Volunteer Ambulance Squads within Vernon Township and approves the receipt of financial assistance in the amount of $4,500.00 per squad for the calendar year 2022; and

BE IT FURTHER RESOLVED, that certified copies of this Resolution be forwarded to Sussex County Administrative Center, and the Vernon and Glenwood Pochuck Volunteer Ambulance Squads.

RESOLUTION #22-105

AUTHORIZING THE AWARD OF A REQUIRED DISCLOSURE CONTRACT FOR Professional LEGAL Services

 FOR sale of Township property and in rem foreclosures

WHEREAS there is a need for Legal Services for Vernon Township Sale of Township Property and In Rem Foreclosures; and

WHEREAS N.J.S.A. 40A:11-5 specifically exempts professional services from provisions of public bidding as provided in the Local Public Contracts Law; and

WHEREAS this is being awarded as a required disclosure contract in accord with N.J.S.A. 19:44A-20.5; and

WHEREAS the Township of Vernon is desirous to appoint Keith Bonchi, Esq. of the firm Goldenberg, Mackler, Sayegh, Mintz, Pfeffer, Bonchi & Gill as a professional services contract pursuant to the provisions of the Local Public Contracts Law, N.J.S.A. 40A:11-5.; and

WHEREAS, Keith Bonchi, Esq. of the firm Goldenberg, Mackler, Sayegh, Mintz, Pfeffer, Bonchi & Gill have submitted a Business Entity Disclosure and Political Contribution Disclosure indicating there were no reportable contributions contrary to N.J.S.A. 19:44A-20.5; and

WHEREAS, the Chief Finance Officer has determined and certified in writing that the value of the contract is available for these purposes in Account #2-01-270-019 Reserve for Sale of Property and Account # 2-01-20-155-44 In Rem Foreclosures; and

NOW, THEREFORE, BE IT RESOLVED by the Council of the Township of Vernon that Vernon Township hereby authorizes and approves the award of contract of a Professional Service Contract to Keith Bonchi, Esq. of the firm Goldenberg, Mackler, Sayegh, Mintz, Pfeffer, Bonchi & Gill LLC pursuant to a non-fair and open contract pursuant to the provisions of the Local Public Contracts Law, N.J.S.A. 40A:11-5 to provide Legal Services in accordance with the attached Contract for Professional Services; and

BE IT FURTHER RESOLVED that the award of contract shall be contingent upon the completion and receipt of the following:

1. A fully executed professional services contract detailing the scope of services, established fees for said professional services, mandatory Equal Opportunity Language and Affirmative Action Certificate; and
2. The Political Contribution Disclosure and Business Entity Disclosure shall be on file in the municipal clerk’s office for public inspection; and
3. New Jersey Business Registration Certificate; and
4. Upon the aforementioned professional being a member in good standing in his respective profession.

BE IT FURTHER RESOLVED that the Mayor and Township Clerk are hereby authorized and directed to execute, seal and deliver the attached Contracts for Professional Services on behalf of and in the name of the Township of Vernon

Resolution #22-106: Resolution Recognizing and Authorizing the Appointment of Robert Westenberger as the Construction Official for the Township of Vernon 

Resolution #22-107: Resolution Recognizing and Authorizing the Appointment of Patrick Murphy as an inspector for Electrical, Fire and Building and a Subcode Official for Electric and Fire

Resolution #22-108: Resolution Recognizing and Authorizing the Appointment of Paul Black as an Inspector for Building, Mechanical, and Plumbing and a Subcode Official for Building

Council President Rizzuto asked for a motion to approve resolutions #22-106, #22-107, #22-108

MOVED: Natalie Buccieri  

SECOND: Patrick Rizzuto

A roll call vote was taken:

AYES: Buccieri, Rizzuto

NAYES:

ABSTAIN: Furrey, Lynch

ABSENT: Shortway

Motion fails to approve resolutions #22-106, #22-107, #22-108.

Resolution #22-109: Resolution Accepting Bid of Campbell Supply Co Inc for Fire Apparatus and Ambulance Repair Bid #6R-2022

Council President Rizzuto asked for a motion to place resolution #22-109 on the floor for consideration.

MOVED: Brian Lynch  

SECOND: Natalie Buccieri  

A roll call vote was taken:

AYES: Buccieri, Furrey, Rizzuto

NAYES:

ABSTAIN: Lynch

ABSENT: Shortway

Motion passed to approve resolution #22-109

RESOLUTION #22-109

Resolution Accepting Bid of Campbell Supply Co Inc

for Fire Apparatus and Ambulance Repair Bid #6R-2022

WHEREAS, there is a need for a Fire Apparatus and Ambulance Repair Bid contractor in the Township of Vernon; and

WHEREAS, the Township of Vernon publicly advertised for buds and received in a public manner on April 20, 2022 at 9:00A.M. for Fire Apparatus and Ambulance Repair Bid under bid 6R-2022; and

WHEREAS, Campbell Supply Co Inc. 1015 Cranbury South River Road, PO Box 7600, Monroe, New Jersey, 08831 submitted bid for the following rates:

NAME OF BIDDER	Campbell Supply Co Inc
YEAR 1 HOURLY RATE	$146.00
YEAR 1 MIN HOURS	0.00
YEAR 1 MARKUP PARTS	20.00%
YEAR 2 HOURLY RATE	$150.00
YEAR 2 MIN HOURS	0.00
YEAR 2 MARKUP PARTS	20.00%

 

WHEREAS, the Qualified Purchasing Agent has reviewed the bid submitted by Campbell Supply Company Inc. and found them to be the lowest responsible bidder in accord with N.J.S.A. 40A:11-4(a).

 

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Vernon that:

1. The contract for Fire Apparatus and Ambulance Repair Bid is hereby awarded to Campbell Supply Co Inc.

2. The Mayor and Township Clerk are hereby authorized and directed to execute a two (2) year contract with Campbell Supply Co Inc. for Fire Apparatus and Ambulance Repair Bid in accord with the tenets of contract found within Bid 6R-2022, commencing upon passage of resolution and execution of contract.

NAME OF BIDDER	Campbell Supply Co Inc
YEAR 1 HOURLY RATE	$146.00
YEAR 1 MIN HOURS	0.00
YEAR 1 MARKUP PARTS	20.00%
YEAR 2 HOURLY RATE	$150.00
YEAR 2 MIN HOURS	0.00
YEAR 2 MARKUP PARTS	20.00%

BE IT FURTHER RESOLVED, that the governing body of Vernon Township pursuant to NJAC 5:30-5.5(b) (the certification of available funds), states that the Chief Finance Officer shall either certify the full maximum amount against the budget at the time the contract is awarded, or no contract amount shall be chargeable or certified until such time as the goods or services are ordered or otherwise called for prior to placing the order, and a certification of availability of funds is made by the Chief Finance Officer.

Resolution #22-100: Resolution Authorizing an Agreement for Professional Services with Lavery, Selvaggi, Abromitis & Cohen, P.C. for Legal Services to Perform an Independent Investigation

Council President Rizzuto asked for a motion to place resolution #22-100 on the floor for consideration.

MOVED: Natalie Buccieri  

SECOND: Brian Lynch  

A roll call vote was taken:

AYES: Buccieri, Furrey, Lynch, Rizzuto

NAYES:

ABSTAIN:

ABSENT: Shortway

Motion passed to approve resolution #22-100

RESOLUTION #22-100

RESOLUTION AUTHORIZING AN AGREEMENT FOR PROFESSIONAL SERVICES WITH LAVERY, SELVAGGI, ABROMITIS & COHEN, P.C. FOR LEGAL SERVICES TO PERFORM AN INDEPENDENT INVESTIGATION

WHEREAS, there exists a need for professional services for legal services to perform an independent investigation of the Township of Vernon’s (“Township”) sale of real property at a public auction; and

WHEREAS, the New Jersey Local Public Contracts Law at N.J.S.A. 40A:11-5 exempts professional services from competitive procurement; and

WHEREAS, Lavery, Selvaggi, Arbromitis & Cohen, P.C. has submitted a proposed contract indicating the willingness to provide said professional services; and

WHEREAS, Lavery, Selvaggi, Arbromitis & Cohen, P.C. has been determined to have the requisite qualifications to provide legal services to the Township; and

WHEREAS, that the award of contract shall be contingent upon the completion and receipt of the following: a fully executed professional services agreement detailing the scope of services, established fees for said professional services, certification of employee information report, and New Jersey Business Registration Certificate; and upon the aforementioned professional being a member in good standing in its respective profession; and

WHEREAS, the availability of funds for said Professional Services Contract to be awarded herein have been certified by the Chief Financial Officer in an amount not to exceed $10,000.00 through Line Item: 2-01-20-155-20; and

PUBLIC HEARING 2022 MUNICIPAL BUDGET       

     

Resolution #22-110: A Resolution to Read the 2022 Municipal Budget by Title Only

Council President Rizzuto asked for a motion to approve resolution #22-110.

MOVED: Brian Lynch  

SECOND: Michael Furrey  

A roll call vote was taken:

AYES: Buccieri, Furrey, Lynch, Rizzuto

NAYES:

ABSTAIN:

ABSENT: Shortway

Motion passed to approve resolution #22-110

RESOLUTION #22-110

A RESOLUTION TO READ THE 2022 MUNICIPAL BUDGET BY TITLE ONLY

WHEREAS, N.J.S.A. 40A:4-8 provides that the budget may be read by title only at the time of the public hearing if a resolution is passed by not less than a majority of the full governing body, as well as posting of same; and

WHEREAS, the conditions required by N.J.S.A. 40A:4-8 have been satisfied for the 2022 Municipal Budget by Township Officials.

NOW, THEREFORE BE IT RESOLVED, by the Township Council of Vernon, New Jersey that the 2022 Municipal Budget shall be read by title only at the Public Hearing (scheduled on April 25, 2022).

This Resolution shall take effect immediately upon adoption according to law.

 

ADOPTION OF THE 2022 MUNICIPAL BUDGET

Resolution #22-111: Adoption of the 2022 Municipal Budget

Council President Rizzuto asked for a motion to place resolution #22-111 on the floor for consideration.

MOVED: Brian Lynch  

SECOND: Natalie Buccieri

Council President Rizzuto asked for a motion to open Public Hearing for the adoption of the 2022 Municipal Budget.

MOVED: Brian Lynch

SECOND: Michael Furrey

           

All Members were in Favor.

Jessi Paladini – Vernon Township, feels that the Council should have scrutinized the line items more.

Thomas McClachrie – Vernon Township, is opposed to the budget.

Seeing no one else wishing to come forward, Council President Rizzuto asked for a motion to close the Public Hearing for the adoption of the 2022 Municipal Budget.

MOVED: Brain Lynch

SECOND: Natalie Buccieri

           

A roll call vote was taken to close the public hearing.

AYES: Buccieri, Furrey, Lynch, Rizzuto

NAYES:

ABSTAIN:

ABSENT: Shortway

A roll call vote was taken:

AYES: Buccieri, Furrey, Lynch, Rizzuto

NAYES:

ABSTAIN:

ABSENT: Shortway

Motion passed to approve resolution #22-111 and adopt the 2022 Municipal Budget.

PUBLIC COMMENTS

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

MOVED: Michael Furrey      

SECOND: Brian Lynch

All members present voted in favor.

Mike Bower – Vernon Township, introduced himself to the Council and asked that they considered his application to volunteer on the MUA.

Heather Meloy – Vernon Township, feels that Mike Bower would be a great member of the MUA.

Walter Marsico – Vernon Township, started to read a statement about an internal affairs investigation and he feels that there is a problem with Vernon Township and it is going to escalate.

Township Administrator Voelker told Mr. Marsico he has documents saying he was found guilty.

Stephanie DeBrienza – Vernon Township, asked if the documents Mr. Voelker has are now a public record.

Camilla Diresta – Vernon Township, was under the impression that comments should be addressed to the Council and the public uses names of private citizens in their comments.

Sean Clarkin – Vernon Township, meant no disrespect for anyone who served in the military.

 Len Colosia - Great Gorge Village, asked if the Council and Mayor are aware of what is going on with the MUA because they are calling spaces in condos bedrooms that were never designed to be bedrooms.

Council President Rizzuto does not feel he should comment on the MUA because they are autonomous.

Craig Thompson – Vernon Township, property manager of the condos, feels that the issue is that the tax assessor, the building department and the MUA have different interpretations of the condos and what are bedrooms and not bedrooms.

Council President Rizzuto asked if the appraisers had access to all of the units.

Mr. Thompson explained that the condo owners were given notice the appraisers were coming. Mr. Thompson read a statement regarding the MUA debt.

Ann Larson – Vernon Township, commented that people are being targeted by officials in certain departments in the municipal offices.

Peg Distasi – Vernon Township, questioned the social media protocol and asked if the Council considered the resolution presented by the Economic Development Advisory Committee. Ms. Distasi would like to know what is being spent on the pump track and asked where the silt fencing is. Ms. Distasi also wants to know who is making the decisions on this project. She asked the Council to appoint someone to oversee the situation with the MUA billing issues.

Jessi Paladini – Vernon Township, feels that Mr. Voelker should have been reprimanded for speaking out to Mr. Marsico. Ms. Paladini commented that she called the DEP and they have nothing to do with trees and they ever said the town had to do anything with trees. Ms. Paladini is concerned because she saw no silt fencing and if the shade tree ordinance was followed. She also questioned the ownership of Black Creek Drive and wants to know what is going on at the pump track.

Thomas McClachrie - Vernon Township, asked if you can pass an ordinance without opening up to the public. Mr. McClachrie suggested using water meters to measure the sewer flow and this will avoid having to worry about a loft being a bedroom.

Anita Paverado – Vernon Township, explained that she is a single person paying MUA charges for a family of four and this is unacceptable. She feels that there is no way a loft can be considered a bedroom.

Shawn Mazur – Vernon Township, urges the Council to reestablish the Historic Preservation Commission. Mr. Mazur questioned the vacant and abandoned ordinance because he feels it is not being used for what it was meant for. Mr. Mazur is concerned that there is no silt fence at the pump track. Mr. Mazur commented on a zoning permit he applied for because he did not agree with the zoning officer’s denial of the zoning permit.

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

MOTION: Brian Furrey

SECOND: Natalie Buccieri

A roll call vote was taken:

AYES: Buccieri, Furrey, Lynch, Rizzuto

NAYES:

ABSTAIN:

ABSENT: Shortway

Motion passed close the meeting to public comment.

Council Member Lynch asked for a revote on resolution #22-109 he asked for a vote to abstain.  

COUNCIL COMMENTS

Council Member Lynch explained that he did not get elected to be a judge for what people post on Facebook. He said that he is very happy that we have volunteers in this town and he views them as an equity because without them we are nothing.

Council Member Furrey is happy to be part of a zero percent increase budget.

Council Member Furrey listened to the MUA meeting and he wants everyone to know that the MUA listened to all of the comments and they are taking this matter very seriously and looking into a long-term resolution.

Council Member Furrey asked if there was an update on the trail.

Administrator Voelker said it is going to be started in May.

Council Member Buccieri is happy to hear that the MUA is doing their due diligence.

Council Member Buccieri is very pleased with the budget and working with the Council, administration and the department heads.

Council Member Buccieri is very proud of all of the volunteers in our community. It is not the Council’s purview to referee Facebook or the public comments.

Council Member Buccieri is glad the Council approved the conflict attorney because this is an issue and it is important to have a non-partisan fresh set of eyes looking into the matter of the property that was sold in error.

COUNCIL PRESIDENT COMMENTS

Council President Rizzuto commented that the Mayor took the Council to task because we are going to be expanding $10,000 in funds to appoint a special council. He feels this is ludicrous because the fact is that particular expenditure could have been avoided had the Council not found it necessary to step in and require an independent investigation as allowed by our particular form of government. Council President Rizzuto feels that we need a fresh set of eyes to look over this problem and report back to the Council. He noticed through this whole situation that the public is very upset and needed some type of reassurances that he was not able to provide them.   

ADJOURNMENT

At 9:45pm Council Member Lynch made a motion to adjourn the meeting. Seconded by Council Member Buccieri.

All were in favor.

                                                                                           

Respectfully submitted,
Marcy Gianattasio, RMC, CMR
Municipal Clerk                                                                              

Minutes approved: June 13, 2022