Minutes: March 13, 2023

YouTube of the March 13, 2023 council meeting

This Meeting of the Township Council of the Township of Vernon was convened at 7:00 p.m. on March 13, 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, Chief Financial Officer Donelle Bright, Business Administrator Tina Kraus, Municipal Clerk Marcy Gianattasio and Township Attorney Josh Zielinski.

ITEM FOR DISCUSSION

a) Traffic Controls for Street and Highway Construction and Maintenance Operations

Chief of Police Dan Young explained to the Council that there has been misinformation circulating both on social media and around town. I apologize for the lengthy response, however, there are several points that I think are important for residents to be aware of and take into consideration. Here is some of the information that I recently forwarded to the Mayor and Vernon Township Council.

We are excited for the opportunity for our residents and businesses to have additional options for internet service. From the perspective of the police department, and working with our Vernon Township Mayor, we have done and will continue to do everything possible to foster this development and work with any contractor/vendor who wants to bring this service to Vernon Township to make it a better place to live and raise a family. At the same time, we also work to ensure the best quality of life for our residents and to help offset any issues that we are presented with regarding road closures, detours, and traffic zones.

I would like to also note that the police department had a recent pre-construction meeting (as required by our ordinance) in December 2022 with another internet service provider who separately from this one, plans to start work this year in our municipality on bringing fiberoptic cable internet service to each home in Vernon Township. I think it is great to see multiple vendors looking to invest in this type of service in our area for our residents.

In particular response to the news article regarding this internet cable company; there are two separate situations that the owner has indicated present problems for their company in Vernon. This first, and most restrictive problem in my opinion, is the fact that they want to put their fiberoptic lines on an out of state competitor telephone poles and infrastructure. I cannot speak to this process of how it works, the contractor noted that there is a work around via the Board of Public Utilities (BPU) to get approval to utilize another companies’ infrastructure and telephone poles, but that is not within our scope of municipal government and we are unable to facilitate rectifying this problem.

The second issue presented by the owner of the company was commented on via a social media non-political page. The problem posted on the page gave some mis-information to the members of that social media page; which specifically states that police officers must be hired for all utility work in the township. This is false information, and quite simply is not true. Our Vernon Township Police Department traffic safety officer (who is my designee), worked with this contractor last year when they came through a portion of Vernon Township. Our traffic safety officer works with every contractor that plans to do work on a roadway in Vernon Township to ensure they are in compliance with our township ordinance (via a pre-construction meeting) so we can ensure a work zone is safe and provide the proper community notifications. The traffic safety officer encountered some complications with getting the requested information so we could determine whether they may or may not need to hire a police officer for their work zone. As a result, our police captain was also involved in working with this contractor and encountered some complications with getting the requested information.

Vernon Township adopted an ordinance many years ago, Article XIV Traffic controls for Street and Highway Construction Maintenance and Operations, Chapter 99-46 thru 99-57, to specifically adress issues with contractors who work on our roadways in our municipality. Vernon Township was not unique to this problem. At the time of this ordinance, Vernon Township had been dealing with some contractors who would come into town and work on our roadways with unsafe work zones and no communication to the township. It created several problems including: traffic issues for our residents going to and from work or traveling around town, school bus transportation issues, emergency responses of our emergency service agencies, and negative impacts on our local businesses to name a few. Here is a link to the full ordinance: https://ecode360.com/34495222 As just one example of an incident that we had encountered prior to this ordinance, was the morning that an out-of-town tree service had rented a crane to take a tree down at a private residence. The residence was located on Canistear Road and they closed it with no prior notification to the township which impacted all of our residents who were trying to commute to work. Prior to this ordinance, we had little action we could take when presented with situations like this, besides making spot corrections to address their work zone.

Other issues that lead to this ordinance development included:

-Contractors who would have extended lengths of lane closures for their work zones, which would create unsafe conditions and long wait times for motorists to get thru due to one lane alternating traffic. This most often occurs during paving/milling operations.

-Contractors did not prepare their work zones with adequate signage, causing motorist confusion and potential safety hazards.

-Multiple contractors working in or near the same location and have no ability to coordinate between them.

-Contractors would close roadways and set up detours. This would be done without us having an opportunity to plan with the emergency services, school transportation office, or residents to plan accordingly.

The misinformation that was stated on the social media post was taken as an excerpt from 99-50 and only a portion of the wording, which indicated that off duty Vernon Township police officers are required to be hired. However, the continuation of 99-50 states they are only required to be hired when determined by me to be necessary to ensure compliance with the MUTCD (Manual for Uniform Traffic Control Devices), as well as to safely control traffic through a work zone. If we are able to determine in our pre-construction meeting and through the information provided to us by a contractor that they will be in compliance with the MUTCD, follow all applicable laws, and have a safely controlled work zone, we may or may not require a police officer to be hired depending on the roadway in which the construction will take place.

There are too many situations to address each specific one, however, to put it broadly, it would be unlikely that I would recommend hiring a police officer to assist with traffic control on a secondary roadways, back roads, or lake communities. There are exceptions for these types of roadways, which would include the contractor anticipates closing the roadway or significantly impacting accessibility to residents who live in that area (determined in a pre-construction meeting). For example, if a contractor planned to work on the road which leads into Lake Panorama, which is the only entry and exit point for all residents who live there, depending on their scope of work I may require they hire a police officer.

As it relates to major roadways in town, we consider the length of closure and/or type of construction/utility work when we make a recommendation to the contractor to hire police officers. However, in any case, regardless of the roadway, and whether or not they hire police officers, they still have to coordinate with us so we can adequately notify our community and ensure the contractor has a proper traffic control plan or safe work zone in place. In addition, this coordination results in an opportunity to have a pre-construction meeting if needed to address any potential outstanding issues. We notify our community typically via social media post on our Vernon Police Facebook Page. Most of our residents are familiar with our traffic updates and check them to plan their commute to work or route across town. For larger projects or for road closures, we start community notification via our Facebook well in advance of the project, along with coordinating with our emergency services, school bus transportation officials, and also by deploying our message boards to the area so residents can properly prepare.

I think it is important to note, that often times when we do not recommend a contractor hire our officers, they do so anyway because they prefer to have police officers at their work zones. A police officer and police car presence inherently slow motorists down in work zones. A police officer would also be present to handle any complaints regarding the traffic. There are also times in which we may recommend a police officer to work the project, but one is not required to be hired because the contractor provides an adequate traffic control plan, they have certified work zone flaggers, we have a pre-construction meeting, and they provide timely notifications of the road work to us.

This ordinance provides us with the necessary tools to enforce requirements on contractors who function outside the acceptable standards.

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

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

MOVED: Distasi

SECOND: Tadrick

All members were in favor.

Peter Knipe – thanked Chief Young for an outstanding explanation. Mr. Knipe expressed concern for resolution #23-91 and he asked for the cost of the paving. Mr. Knipe questioned ordinance #23-06. He would like to know if this is for new positions or just changes in titles. Mr. Knipe would rather see any grant money left over from the trail go to the BOE for afterschool busing.

Jessica Paladini – questioned when and where the ad hoc committee for the charter study was advertised for volunteers.

The Township Clerk explained that this was on the website in December as soon as the resolution was approved for several weeks.

Ms. Paladini feels that this should be tabled and readvertised. Ms. Paladini objects to use taxpayer money for maintenance for the trail. Ms. Paladini feels the trail with the steep slope is not conducive to ADA or senior citizens.

George Nicanorov – is interested in volunteering for the ad hoc committee but he did not see it advertised. He feels that this should be tabled.

Stephanie Scilingo – is in support of the resolution for the trail paving and also resolution #23-92. Ms. Scilingo said that the ad hoc committee was advertised and she shared it with her group.

Carl Contino – said he was aware of the ad hoc committee and notice was made. Mr. Contino submitted his name to be on this committee.

Ann Larson – questioned where the ad hoc committee was posted and she feels that this resolution should be tabled.

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

MOVED: Tadrick

SECOND: Distasi

All members were in favor.

ITEMS FOR DISCUSSION

b. Ad Hoc Charter Study Committee

Council President Buccieri explained that this was advertised on the Township website for several weeks. The Council received four letters of interest.

Council Member Rizzuto is concerned that we are a non-partisan town and he finds it difficult to see that the head of the Democratic Party has applied and another person who applied wants to be a member of the Council and is also a Democrat. Council Member Rizzuto is concerned that the individual who heads the Democratic Party has made his position known that he would like to have the Township become a Democratic town. Council Member Rizzuto is concerned about the inability to have any continuity in terms of people involved in the government. If in fact to change that particular posture we find ourselves moving towards a partisan form government he feels this becomes a large selling point. It is the responsibility of the Council at the end of this procedure to review the report from the ad hoc and vote. Council Member Rizzuto feels that if there is no establishment of some sort of partisan group, he will not vote for it. He also said that the Council will not provide any money towards this.

Council Member Tadrick is concerned about people using this as their own platform.

Council Member Sparta asked what the next step would be if the committee was inclined to change the form of government.

Attorney Zielinski explained that there are a lot of steps if the committee agrees to a change of government.

Council Member Distasi feels that we have not had enough time with the form of government we have currently.

Council Member Rizzuto said he would be part of the committee.

Council President Buccieri asked to have this advertised on the website again and extend the application requests.

c. RevolutionNJ – Committee

Council President Buccieri explained that we received this resolution from Sussex Borough. This is a resolution to celebrate the countries 250^th anniversary.

Council Member Sparta feels that this is something that should be coordinated through the County.

d. Ordinance #23-09 Cannabis Ordinance

Council Member Distasi would like this ordinance updated to read 2000-foot distance for any cannabis businesses.

Council Member Tadrick feels that the ordinance is not written correctly and is poorly written. He spoke to the Zoning Officer, the Township Engineer and the Town Planner and there are problems with this ordinance and it needs to be rewritten. He is against the 2000-feet because it may put us in legal liability.

Attorney Zielinski said that anyone who applies after the ordinance is approved and after the estoppel period would have to comply with the new ordinance.

Council Member Tadrick feels that we should look at this ordinance as whole. He is concerned what the state law says.

Council President Buccieri questioned if someone parking in a park selling pot in Vernon would need a license.

Attorney Zielinski said this would be something to address the Chief of Police about.

Council President Buccieri asked if the Township could be more restrictive than the state.

Attorney Zielinski answered yes, the town can be more restrictive than the state.

Council Member Tadrick feels that the Land Use Board Attorney, the Zoning Officer and the Land Use Board need to review this ordinance because they never looked at this ordinance before.

Attorney Zielinski feels that the Zoning Officer needs to give her review of the ordinance to the Mayor and the Council President should reach out to the LUB Attorney.

Council Member Tadrick also mentioned that there should be a licensing fee each year.

REVIEW OF BILLS LIST

The Council reviewed the bills list.

CONSENT AGENDA

Resolution #23-83: Resolution Accepting the Completion of Road Improvements Project to Various Streets within Vernon Township

Resolution #23-84: Resolution Accepting the Completion of Road Improvements Project to Old Coach Road & Pleasant Valley Drive

Resolution #23-87: Emergency Temporary Appropriations

Resolution #23-90: Resolution to Increase Change Fund

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

MOVED: Sparta

SECOND: Tadrick

A roll call vote was taken:

AYES: Distasi, Rizzuto, Sparta, Tadrick, Buccieri

NAYES:

ABSTAIN:

ABSENT:

Motion carries to approve the consent agenda.

RESOLUTION #23-83

RESOLUTION ACCEPTING THE COMPLETION OF ROAD IMPROVEMENTS PROJECT TO VARIOUS STREETS WITHIN VERNON TOWNSHIP

WHEREAS, the Township awarded contracts for the Road Improvement Project for Various Streets (Karen Road, Beaver Brook, Paddock Avenue and Lounsberry Hollow Road) to Tilcon New York, Inc., Denville Line Painting, and Road Safety Systems, LLC, awarded by Resolution #22-191 on July 25, 2022; and Resolution #23-17 on January 1, 2023, and

WHEREAS, the Road Improvement Project for Various Streets has been completed, and inspected as per the plans and specifications; and

WHEREAS, the Township Engineer has submitted a letter dated March 1, 2023 which states that the said contracts have been completed in full and that it is recommended that the Road Improvement Project for Various Streets be accepted by the Township Council.

NOW, THEREFORE BE IT RESOLVED, that the Vernon Township Council accept this project identified as Road Improvement Project for Various Streets as final and complete; and

BE IT FURTHUR RESOLVED, that this Resolution shall take effect immediately upon adoption according to law.

RESOLUTION #23-84

RESOLUTION ACCEPTING THE COMPLETION OF ROAD IMPROVEMENTS PROJECT TO OLD COACH ROAD & PLEASANT VALLEY DRIVE

WHEREAS, the Township awarded contracts for the Road Improvement Project for Old Coach Road & Pleasant Valley Drive to Tilcon New York, Inc., Denville Line Painting, and Road Safety Systems, LLC, and Garden State Highway Products awarded by Resolution #22-192 on July 25, 2022; Resolutions #23-10 and #23-16 on January 1, 2023, and

WHEREAS, the Road Improvement Project for Old Coach Road & Pleasant Valley Drive has been completed, and inspected as per the plans and specifications; and

NOW, THEREFORE BE IT RESOLVED, that the Vernon Township Council accept this project identified as Road Improvement Project for Old Coach Road & Pleasant Valley Drive as final and complete; and

BE IT FURTHUR RESOLVED, that this Resolution shall take effect immediately upon adoption according to law.

RESOLUTION #23-87

Emergency Temporary Appropriations

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

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

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

Current Fund: $5,519,552.00

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

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

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

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

Current Fund

Description	Emergency Appropriations
GENERAL ADMINISTRATION - S&W	$ 27,500.00
GENERAL ADMINISTRATION - O/E	$ 24,886.00
MAYOR & COUNCIL - S&W	$ 7,914.00
MAYOR & COUNCIL - O/E	$ 1,020.00
CLERK - S&W	$ 29,167.00
CLERK - O/E	$ 7,633.00
FINANCE - S&W	$ 37,833.00
FINANCE - O/E	$ 8,040.00
TECHNOLOGY - O/E	$ 6,167.00
COLLECTION OF TAXES - S&W	$ 27,000.00
COLLECTION OF TAXES - O/E	$ 5,360.00
ASSESSMENT OF TAXES - S&W	$ 36,333.00
ASSESSMENT OF TAXES - O/E	$ 23,467.00
LEGAL SERVICES - O/E	$ 58,752.00
ENGINEERING SERVICES - O/E	$ 10,000.00
BEAUTIFICATION COMMITTEE - O/E	$ 1,000.00
LAND USE BOARD - S & W	$ 32,713.00
LAND USE BOARD - O/E	$ 12,012.00
BUILDING DEPARTMENT - S&W	$ 83,000.00
WORKERS COMP. INSURANCE - O/E	$ 230,000.00
GROUP INSURANCE - O/E	$ 530,000.00
GROUP INSURANCE - HEALTH WAIVERS	$ 8,000.00
Description	Emergency Appropriations
OTHER INSURANCE - O/E	$ 320,000.00
POLICE DEPARTMENT - S&W	$ 735,000.00
POLICE DEPARTMENT - O/E	$ 27,000.00
RADIO COMMUNICATIONS - S&W	$ 80,000.00
RADIO COMMUNICATIONS - O/E	$ 1,500.00
911 COMMUNICATIONS - S&W SHARED SRVC	$ 2,500.00
VOLUNTEER EMERGENCY SERVICES	$ 57,500.00
FIRE PREVENTION - S&W	$ 32,000.00
FIRE PREVENTION - O/E	$ 2,000.00
TWP. PROSECUTOR - O&E	$ 8,500.00
ROAD REPAIRS & MAINT. - S&W	$ 240,000.00
RECYCLING S&W		$ 5,000.00
RECYCLING - O/E		$ 3,000.00
BUILDINGS & GROUNDS - S&W	$ 8,500.00
BUILDINGS & GROUNDS - O/E	$ 20,000.00
FLEET MANAGEMENT - S&W	$ 45,500.00
FLEET MANAGEMENT - O/E	$ 46,700.00
ANIMAL CONTROL - S&W	$ 23,850.00
ANIMAL CONTROL - O/E	$ 3,450.00
SEN CITIZENS - S&W	$ 10,200.00
SEN. CITIZENS - ACTIVITIES -O/E	$ 10,900.00
RECREATION - S&W	$ 15,000.00
RECREATION - O/E	$ 12,500.00
MAINTENANCE OF PARKS - S&W	$ 32,000.00
MAINTENANCE OF PARKS - O/E	$ 10,000.00
MUNICIPAL COURT - S&W	$ 29,500.00
MUNICIPAL COURT - O/E	$ 1,575.00
UTILITIES O/E	$ 110,750.00
SOCIAL SECURITY - O/E	$ 112,500.00
DEFINED CONTRIB RETIREMENT PROGRA	$ 1,170.00
DEEP CORE TESTING-DCA ARPA FUNDS	$ 100,000.00
HIGHLANDS GRANT- WATERSHED MNGMNT	$ 149,000.00
MATCHING FUNDS FOR GRANTS	$ 85.00
SHARED SERVICE - ANIMAL CONTROL	$ 20,980.00
SHARED SERVICE - FINANCIAL MUA	$ 21,275.00
SHARED SERVICES - SENIOR CITIZENS	$ 6,925.00
2023 TEMP BUDGET IN CAP APPROPRIATIONS	$ 3,514,157.00

CAPITAL PURCHASE OF VEHICLES	$ 40,000.00
2023 EMERGENCY O/S CAP APPROPRIATIONS	40,000.00

2023 EMERGENCY TOTAL APPROPRIATIONS	3,554,157.00

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

RESOLUTION #23-90

RESOLUTION TO INCREASE CHANGE FUND

WHEREAS, in the course of daily business it is necessary to make change for the residents and general public of the Township of Vernon; and

WHEREAS, the Township of Vernon has established various change funds throughout the township offices in order to facilitate change involved in the payment of municipal charges and fees; and

WHEREAS, the Chief Financial Officer has recommended an increase of the change fund for the following office(s).

Department Custodian Current Amount Amended Amount

Police Daniel B. Young $50.00 $100.00

NOW, THERFORE BE IT RESOLVED that the Council of the Township of Vernon hereby authorizes such action and that the Township Clerk file two copies of this resolution with the Division of Local Government Services, State of New Jersey.

Resolution #23-85: Authorizing Acceptance of Grant in the Amount of $149,000.00 from the New Jersey Highlands Council for Development of Vernon Township Lake/Watershed Management Plan

President Buccieri asked for a motion to approve resolution #23-85.

MOVED: Tadrick

SECOND: Distasi

Council Member Rizzuto questioned if this puts us in a position for continued funding for this.

CFO Bright answered this does not obligate us to take care of lakes in the future. This will address lakes with algae and growth and this will address how this can be litigated.

A roll call vote was taken:

AYES: Distasi, Rizzuto, Sparta, Tadrick, Buccieri

NAYES:

ABSTAIN:

ABSENT:

Motion carries to approve resolution #23-85.

Resolution #23-85

AUTHORIZING ACCEPTANCE OF GRANT IN THE AMOUNT OF $149,000.00 FROM THE NEW JERSEY HIGHLANDS COUNCIL FOR DEVELOPMENT OF

VERNON TOWNSHIP LAKE/WATERSHED MANAGEMENT PLAN

WHEREAS, the Township of Vernon is completely within the Highlands Preservation or Planning areas; and

WHEREAS, the Township of Vernon in conjunction with Princeton Hydro, LLC submitted a proposed Scope of Work to the Highlands Council for development of a municipal-wide Lake/Watershed Management Plan, Task #15 for Plan Conformance Grant #09-033-011-1002; and

WHEREAS, Princeton Hydro, LLC has advised the Mayor that acceptance of this grant is of benefit to the Township for the following objectives:

1. Identify, quantify and prioritize the watershed-based factors which may cause eutrophication,

2. Identify the watershed management measures needed to address general causes of water quality impairments,

3. Identify the relative cost of the recommended general watershed management measures,

4. Identify and quantify the lake-based factors which may cause eutrophication,

5. Generate a general schedule, based on priority, for the implementation of the recommended watershed management measures.

WHEREAS, as detailed in the proposed Scope of Work, the Township of Vernon has chosen Princeton Hydro, LLC, for professional services for this grant at the amount not to exceed $149,000.00.

NOW, THEREFORE BE IT RESOLVED by the Council of the Township of Vernon that the $149,000.00 grant offered by the Highlands Council for a Lake/Watershed Management Plan is hereby accepted and that the Mayor, Clerk, and Chief Finance Officer are hereby authorized to execute grant application identified as Task #15: Lake/Watershed Management Plan – Plan Conformance Amended Grant Agreement #09-033-011-1922 and utilize Princeton Hydro, LLC for professional services.

Resolution #23-86: Authorize the Award of A Professional Services Contract with Chris L. Mikolajczyk, CLM, of Princeton Hydro, LLC for Lake/Watershed Management Plan in a Required Disclosure Manner President Buccieri asked for a motion to approve resolution #23-86.

MOVED: Sparta

SECOND: Tadrick

A roll call vote was taken:

AYES: Distasi, Rizzuto, Sparta, Tadrick, Buccieri

NAYES:

ABSTAIN:

ABSENT:

Motion carries to approve resolution #23-86.

RESOLUTION #23-86

AUTHORIZE THE AWARD OF A PROFESSIONAL SERVICES CONTRACT

WITH CHRIS L MIKOLAJCZYK, CLM, OF PRINCETON HYDRO, LLC FOR LAKE/WATERSHED MANAGEMENT PLAN IN A REQUIRED DISCLOSURE MANNER

WHEREAS, the Township of Vernon has a need for development and completion of a Lake/Watershed Management Plan, in accord with Highlands Council grant requirements; and

WHEREAS, per Resolution# 22-235, the Township authorized Chris L. Mikolajczyk, CLM, from Princeton Hydro, LLC to prepare and submit a Scope of Work for Watershed Management Plan to the Highlands Council which was completed and approved; and

WHEREAS it is the desire of the Township of Vernon to award a contract for said purpose with Chris L. Mikolajczyk, CLM, Senior Project Manager, for Princeton Hydro, LLC, who qualifies as a professional service; and

WHEREAS, the procurement of professional services without public bidding is permitted under the New Jersey Local Public Contracts Law at N.J.S.A. 40A:11-5a; and

WHEREAS, the amount of said contract will not exceed $149,000.00 and will be fully reimbursed by Highland Council per Plan Conformance Grant #09-033-011-1002 upon completion.

NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the Township of Vernon authorizes the Mayor to enter into a contract with Chris L. Mikolajczyk, CLM, Senior Project Manager, for Princeton Hydro, for the cost of $149,000.00, for the development and completion of a Lake /Watershed Management Plan in accord with Highlands Council grant requirements;

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

(a) 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

(b) Receipt of all statutorily mandated “pay to play” political contribution forms

pursuant to N.J.S.A. 19:44A-20.4 et seq.; and

Upon the aforementioned professional being a member in good standing in his respective profession.

Resolution #23-88: Authorizing Contract with Microsystems-NJ, LLC for the Year 2023 in the Amount Not to Exceed $12,000.00 President Buccieri asked for a motion to approve resolution #23-88.

MOVED: Tadrick

SECOND: Sparta

A roll call vote was taken:

AYES: Distasi, Rizzuto, Sparta, Tadrick, Buccieri

NAYES:

ABSTAIN:

ABSENT:

Motion carries to approve resolution #23-88.

RESOLUTION #23-88

Authorizing Contract with Microsystems-NJ, LLC,

for the Year 2023 in the Amount Not to Exceed $12,000.00

WHEREAS, there exists a need for Computer services for the Township of Vernon for the Tax Assessment Computer Assisted Mass Appraisal System (CAMA), MOD IV and printing of assessment cards; and

WHEREAS, the Municipal Assessor has determined that Microsystems-NJ, LLC, the Township’s current contractor providing Computer services for Tax Assessment/CAMA/MOD IV and printing of assessment cards is qualified and authorized by the State of New Jersey to continue providing the Township with such services; and

WHEREAS, Vernon desires to appoint Microsystems-NJ, LLC, pursuant to a contract under the provisions of N.J.S.A. 40A:11-5(1) (dd), which states computer software services are an exception to public bidding; and

WHEREAS, the Chief Financial Officer has certified that funds are available for this purpose in the 2023 municipal budget and the value of the contract will not exceed $12,000.00.

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

The Township of Vernon is authorized to engage Microsystems-NJ, LLC, for the purpose of Computer Services and Printing for Tax Assessment; and
The Mayor and Township Clerk are hereby authorized and directed to execute a Professional Services Contract with Microsystems-NJ, LLC

This Contract is authorized to engage Microsystems-NJ, LLC, without competitive bidding for the provision of performance of goods or services for the support or maintenance of proprietary computer hardware and software.

Resolution #23-89: A Resolution Authorizing Acceptance of Grant Funds from Sussex County for the Town Center Greenway – Black Creek Project President Buccieri asked for a motion to approve resolution #23-89.

MOVED: Tadrick

SECOND: Sparta

Council Member Distasi questioned some of the grant requirements in the resolution to make sure the grant was not going to be jeopardized.

CFO Bright answered her questions.

A roll call vote was taken:

AYES: Distasi, Rizzuto, Sparta, Tadrick, Buccieri

NAYES:

ABSTAIN:

ABSENT:

Motion carries to approve resolution #23-89.

RESOLUTION #23-89

A RESOLUTION AUTHORIZING ACCEPTANCE OF GRANT FUNDS FROM SUSSEX COUNTY FOR THE TOWN CENTER GREENWAY – BLACK CREEK PROJECT

WHEREAS, the Sussex County Board of County Commissioners (“County”) created the Sussex County Open Space and Farmland Preservation Trust Fund (“Trust Fund”) in accordance with P.L. 1994 C.125 (C.40:12-15.1 et seq.); and

WHEREAS, the Township of Vernon (“Township”) made the an application to the County for financial assistance under the Trust Fund with an intention to use said funds for the Town Center Greenway – Black Creek Project; and

WHEREAS, the Township submitted an application in accordance with the rules and regulations of the Trust Fund and the Sussex County Open Space Trust Fund Committee reviewed said application and found it to be in conformance with the scope and the mission of the Trust Fund, and recommended to the Sussex County Board of County Commissioners that the project be awarded funding; and

WHEREAS, on May 12, 2021 the Sussex County Board of County Commissioners, in consideration of the recommendation of the Open Space Committee, approved Resolution 187-2021, approving the Township’s application for the project titled Town Center Greenway – Black Creek Project; and

WHEREAS, the County has provided the Township with a proposed agreement which is required for release of the grant funds; and

WHEREAS, a determination has been made that it is in the best interests of the Township to enter into the proposed agreement with the County to accept the appropriated grant funds.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Vernon that the Mayor and the Business Administrator are authorized to execute an agreement with the County for grant funds for the Town Center Greenway – Black Creek Project in a form similar to the document attached hereto.

Resolution #23-91: A Resolution Expressing Community Support for paving of Town Center Trail for Accessibility to Seniors and Individuals with Disabilities

President Buccieri asked for a motion to approve resolution #23-91.

MOVED: Tadrick

SECOND: Rizzuto

Council President Buccieri asked if this trail has ever been paved.

Mayor Burrell answered no.

Council President Buccieri asked if we have an estimate of the paving and where would we get the matching funds.

CFO Bright explained that we do not have an estimate yet. This is congressional funding and we would have to match 25%. To get the matching funds we can appropriate from a specific line item in the budget, we can also do a specific line for matching funds for grants or the township has a hotel occupancy tax which goes to an active recreation line in our recreation trust fund.

Council President Buccieri asked how much the grant was for.

CFO Bright explained we would ask for the full amount of the paving and we would have to pay the 25% matching funds.

Mayor Burrell explained that the trail was always envisioned to be paved. When you have heavy rains, the subsections wash away. The primary maintenance of the trail and Town Center Park is re-raking the trail. The portion of the trail that goes around the pump track does not need to be repaired.

Council Member Tadrick asked who made the mistake when designing the trail.

Mayor Burrell explained that it was always the plan to have the trail paved. Salmon Bros. did what they were asked to do.

Council Member Tadrick asked if there is an idea what the cost of the grant will be.

Council Member Sparta made a motion to table resolution #23-91.

A roll call vote was taken:

AYES: Distasi, Rizzuto, Sparta, Tadrick, Buccieri

NAYES:

ABSTAIN:

ABSENT:

Motion carries to table resolution #23-91.

Resolution #23-92: A Resolution Expressing Community Support for Water and Wastewater Infrastructure Projects President Buccieri asked for a motion to approve resolution #23-92.

MOVED: Tadrick

SECOND: Rizzuto

A roll call vote was taken:

CFO Bright explained that this is for sewer expansion and this is a 25% matching funds grant. She said that depending which area we are looking at there are different estimateds.

The Council asked questions about the MUA and CFO Bright answered the questions.

AYES: Distasi, Rizzuto, Sparta, Tadrick, Buccieri

NAYES:

ABSTAIN:

ABSENT:

Motion carries to approve resolution #23-92.

RESOLUTION #23-92

A RESOLUTION EXPRESSING COMMUNITY SUPPORT

FOR WATER AND WASTEWATER INFRASTRUCTURE PROJECTS

WHEREAS, the 117^th Congress reinstated the process of providing funding for local governments through the “Community Project Funding” program in 2021; and

WHEREAS, the Township has been informed of Community Project Funding availability for the 2023 Congressional Fiscal Year; and

WHEREAS, Community Project Funding helps fund projects that are considered by the Interior Subcommittee of the Environmental Protection Agency for local drinking water and wastewater infrastructure; and

WHEREAS, Community Project Funding also funds projects that are considered by the Department of Housing and Urban Development Economic Development Initiative for the construction/capital improvements of public facilities, including water and wastewater facilities; and

WHEREAS, applications for Community Project Funding require proof of community support; and

WHEREAS, Vernon Township wishes to express support for water and wastewater infrastructure projects that would benefit the Township and be funded by Community Project Funding;

NOW, THEREFORE, BE IT RESOLVED, the Township Council of the Township of Vernon hereby expresses support for water and wastewater projects served by the Community Project Funding program that would enhance services to residents and businesses in the Township of Vernon and benefit the community.

PUBLIC HEARING/2^ND READING OF ORDINANCE

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

President Buccieri asked for a motion to open the floor for public hearing on ordinance #23-05.

MOVED: Tadrick

SECOND: Distasi

Seeing no one from the public wishing to come forward, President Buccieri asked for a motion to close the public hearing on ordinance #23-05.

MOVED: Tadrick

SECOND: Sparta

All members were in favor.

Marilyn Davis of Altise USA was present at the meeting to answer any questions.

Council President Buccieri asked the Township Attorney if we are under any timeline obligation if this ordinance is tabled.

Attorney Zielinski answered that he is unsure if the Board of Public Utilities has any time pressures to approve this. If the Council does not review the franchise agreement, there will need to be a separate resolution of denial. Additionally, if there are concerns about the past performance of the cable operator, the operator needs to be aware of those performance issues and be noticed and given the opportunity to cure those issues. Attorney Zielinski will check with the BPU if the Council desires to table this ordinance.

The Council asked Marilyn Davis questions such as the timeline for maintenance and repairs. She was also asked when Vernon will be serviced and when will fiber optic be installed in Vernon.

Ms. Davis explained that the Council is approving a cable franchise tonight not broadband. Although broadband is available, it is not pertinent to the ordinance tonight. Ms. Davis does not have a timeline for when broadband will take place in Vernon.

The Council asked about dependable rate and annual outage and complaint data for comparison performance.

Ms. Davis can provide the annual rate data to the Council. Ms. Davis commented that in February there was only one complain in the town. She also explained that the service rates have gone up.

Council Member Distasi asked why the ambulance squads are not on the ordinance for free service.

Ms. Davis explained that all municipal owned buildings receive free service.

Council Member Distasi asked if we can sign a five-year contract.

Attorney Zielinski replied no because of state statute.

Ms. Davis said anytime there is an issue the Council can contact her.

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

MOVED: Sparta

SECOND: Rizzzuto

A roll call vote was taken:

AYES: Distasi, Rizzuto, Sparta, Tadrick, Buccieri

NAYES:

ABSTAIN:

ABSENT:

Motion carries to approve ordinance #23-05.

ORDINANCE #23-05

ORDINANCE OF THE TOWNSHIP OF VERNON, COUNTY OF SUSSEX, STATE OF NEW JERSEY, TO REPEAL AND REPLACE CHAPTER 170 OF THE MUNICIPAL CODE ENTITLED “CABLE TELEVISION AND COMMUNICATIONS” AND TO GRANT MUNICIPAL CONSENT FOR THE OPERATION OF A CABLE TELEVISION SYSTEM WITHIN THE TOWNSHIP OF VERNON, NEW JERSEY TO CSC TKR, LLC

WHEREAS, the governing body of Township of Vernon (hereinafter referred to as the "Township") determined that CSC TKR, LLC (hereinafter referred to as "the Company") has the technical competence and general fitness to operate a cable television system in the Municipality, and by prior ordinance granted its municipal consent for the Company's predecessor in interest, Service Electric Cable T. V. of New Jersey, Inc. ("SECTV") to obtain a non-exclusive franchise (the "Franchise") for the placement of facilities and the establishment of a cable television system in the Municipality; and

WHEREAS, on or about July 14, 2020; with the prior approval of the Board of Public Utilities of the State of New Jersey (hereinafter the "Board") the Company completed its purchase of the assets of SECTV, including the cable television franchise for, and the cable television system within the territorial limits governed by, the Township; and

WHEREAS, by application for renewal consent filed with the Township and the Office of Cable Television on or about April 14, 2022, the Company has sought a renewal of the Franchise; and

WHEREAS, the Township having held public hearings has made due inquiry to review the Company's performance under the Franchise, and to identify the Township's future cable-related needs and interests and has concluded that the Company has substantially complied with its obligations under the Franchise and applicable law and has committed to certain undertakings responsive to the Township's future cable-related needs and interests; and

WHEREAS, the Township has accordingly concluded that the consent should be renewed subject to the requirements set forth below; and that, provided the Company's proposal for renewal embodies the commitments set forth below, the Township's municipal consent to the renewal of the Franchise should be given; and

WHEREAS, imposition of the same burdens and costs on other competitors franchised by the Township is a basic assumption of the parties.

NOW, THEREFORE, BE IT ORDAINED by the Council of the Township of Vernon, County of Sussex, and State of New Jersey, that Chapter 170 of the municipal code be repealed and replaced with the following:

SECTION 1

CHAPTER 170: CABLE TELEVISION AND COMMUNICATIONS

170-1. Introductory provisions/purpose of the chapter.

The Township hereby grants to the Company its non-exclusive consent to place in, upon, along, across, above, over and under the highway, streets, alleys, sidewalks, public ways, and public places in the Municipality, poles, wires, cables, and fixtures necessary for the maintenance and operation in the Municipality of a cable television system and cable communications system. Construction, pursuant to said consent, is conditioned upon prior approval of the Board of Public Utilities.

170-2. Definitions.

For the purpose of this Ordinance the terms defined above shall have the meanings there indicated, and the following additional terms shall have the following meanings:

(a) “Act” or “Cable Television Act” shall mean that statute of the State of New Jersey relating to cable television, known as the Cable Television Act, N.J.S.A. 48:5A-1 et seq.

(b) “Application” shall mean the Company’s application for Renewal of Municipal Consent, which application is on file in the Township Clerk’s office and is incorporated herein by reference and made a part hereof, except as modified, changed, limited or altered by this Ordinance.

(d) “Township” shall mean the governing body of the Township Vernon in the County of Sussex, and the State of New Jersey.

(e) “Company” shall mean CSC TKR, LLC, the grantee of rights under this Ordinance.

(f) “FCC” shall mean the Federal Communications Commission.

(g) “Federal Act” shall mean that federal statute relating to cable communications commonly known as the Cable Communications Policy Act of 1984, 47 U.S.C. Section 521 et seq. and the Telecommunications Act of 1996, or as those statutes may be amended.

(h) “Federal Regulations” shall mean those federal regulations relating to cable television services, 47 C.F.R. Section 76.1 et seq. (and, to the extent applicable, any other federal rules and regulations relating to cable television, including but not limited to, those described in 47 C.F.R. Section 76.3), or as such regulations may be amended.

(i) “Municipality” shall mean the area contained within the present municipal boundaries of the Township of Vernon in the County of Sussex, and the State of New Jersey.

(j) “Standard installation” shall mean the installation of drop cable to a customer’s premise where the distance from the point of entry into the building being served is less than 150 feet from the active cable television system plant.

(k) “State” shall mean the State of New Jersey.

(l) “State Regulations” shall mean those regulations of the State of New Jersey Board of Public Utilities relating to cable television. N.J.A.C. 14:17-1.1 et seq. and N.J.A.C. 14:18-1 et seq., or as such regulations may be amended.

170-3. Statement of findings.

A public hearing concerning the consent herein granted to the Company was held after proper public notice pursuant to the terms and conditions of the Act. Said hearing having been held and fully open to the public, and the Township having received all comments regarding the qualifications of the Company to receive this consent, the Township hereby finds the Company possesses the necessary legal, technical, character, financial and other qualifications to support municipal consent, and that the Company’s operating and construction arrangements are adequate and feasible.

170-4. Grant of municipal consent.

The Township hereby grants to the Company a non-exclusive consent to the issuance of a franchise by the New Jersey Board of Public Utilities to construct, erect, operate, modify and maintain, in, upon, along, across, above, over, and under the highways, streets, alleys, sidewalks, public ways and public places now laid out or dedicated and all extensions thereof and additions thereto, in the Municipality, such poles, wires, cables, underground conduits, manholes, and other television conductors and fixtures necessary for the maintenance and operation in the Municipality of a cable television system and cable communications system for the purpose of distributing television and radio signals, and other electronic impulses in order to furnish television and radio programs, and various communications and other electronic services to the public. The rights so granted include the right to use and occupy said highways, streets, alleys, public ways and public places, and all manner of easements for the purposes herein set forth and as provided by federal and state law, and are subject to the terms and conditions herein.

170-5. Duration of Franchise.

This consent granted herein shall be non-exclusive and shall be for a term of ten (10) years from the date of issuance of a Certificate of Approval by the Board.

170-6. Expiration and Subsequent Renewal.

If the Company seeks successive consent, it shall, prior to the expiration of this consent, apply for a municipal consent and certificate of approval in accordance with N.J.S.A 48:5A-16, and applicable state and federal rules and regulations. In accordance with N.J.S.A. 48:5A-25.1, both the Township and the Company shall be bound by the terms of this municipal consent until such time as the Company converts the municipal consent (and any certificate of approval) into a system-wide franchise.

170-7. Franchise Territory.

The consent granted under this Ordinance to the Company shall apply to the entirety of the Municipality and any property hereafter annexed.

170-8. Service Area.

The Company shall be required to proffer video programming service along any public right-of-way to any person’s residence within the “primary service area,” as it exists on the effective date of any written approval order by the Board of this consent, at the Company’s schedule of rates for standard and nonstandard installation.

170-9. Extension of Service.

Pursuant to the requirements of the Board, as ordered in its approval of the transfer of the Franchise from SECTV to the Company (Docket No. CM20030211, effective July 6, 2020), upon request, the Company shall extend service along any public right of way outside its primary service area to those residences or small businesses within the franchise territory which are located in areas that have a residential home density of twenty-five (25) homes per mile or greater (as measured from the then existing primary service area), or areas with less than twenty-five (25) homes per mile where residents and/or small businesses agree to share the cost of such extension in accordance with the line extension formula as provided by the Company in its application for municipal consent.

170-10. Franchise Fee.

Pursuant to the terms and conditions of the Cable Television Act, the Company shall pay to the Township, as an annual franchise fee, a sum equal to two percent (2%) of the actual gross revenues received from all recurring charges in the nature of subscription fees paid by subscribers for its cable television reception services in the Municipality. In the event applicable law hereinafter permits a larger franchise fee to be collected, but does not fix the amount thereof, the Township and the Company shall negotiate in good faith with respect to the amount thereof; provided, however, that nothing herein shall be construed to permit the Township to require payment of a franchise fee by the Company that is higher than the fee paid by all other cable television service providers offering service in the Municipality.

The Company may use electronic funds transfer to make any payments to the Township required under this Ordinance.

170-11. Free Service.

Subject to applicable FCC rules and orders, the Company shall, upon written request, provide free of charge, standard installation and monthly cable television reception service to all State or locally accredited public schools and all municipal public libraries, as well as municipal buildings located within the Municipality, as follows:

One (1) cable connection for the Cedar Mountain Primary School located at 17 Sammis Road, Vernon, New Jersey.

Three (3) cable connections for the Walnut Ridge Elementary School located at 625 Route 517, Vernon, New Jersey.

Three (3) cable connections for the Glen Meadows Middle School located at 7 Sammis Road, Vernon, New Jersey.

Three (3) cable connections for the Lounsberry Hollow School located at 30 Sammis Road, Vernon, New Jersey.

Two (2) cable connections for the Rolling Hills Primary School located at 60 Sammis Road, Vernon, New Jersey.

Three (3) cable connections for the Vernon Township High School located at 1834 County Road 565, Vernon New Jersey.

One (1) cable connection for the Pochuck Valley Fire Department located at 13 Lake Wallkill Road, Sussex, New Jersey.

One (1) cable connection for the Vernon Township Police Department located at 21 Church Street, Vernon, New Jersey.

One (1) cable connection for the Vernon Township Senior Citizen’s Center located at 21 Church Street, Vernon, New Jersey.

One (1) cable connection for the Vernon PAL located at 21 Church Street, Vernon, New Jersey.

Two (2) cable connections for the Vernon Township Road Department located at 21 Church Street, Vernon, New Jersey.

One (1) cable connection for the Vernon Municipal Building located at 21 Church Street, Vernon, New Jersey.

One (1) cable connection for the Vernon Township Fire Department located at 535 Route 515, Vernon, New Jersey.

One (1) cable connection for the Highland Lakes Fire Department located at 813 Canistear Road, Highland Lakes, New Jersey.

One (1) cable connection for the McAfee Fire Department located at 88 Route 94, McAfee, New Jersey.

170-12. Construction/System Requirements.

The Company shall perform construction and installation of its plant and facilities in accordance with applicable State and federal law. The Company shall be subject to the following additional construction requirements with respect to the installation of its cable plant and facilities in the Municipality:

(a) In the event that the Company or its agents shall disturb any pavement, street surfaces, sidewalks, driveways or other surfaces, the Company shall at its sole expense restore and replace such disturbances in as good a condition as existed prior to the commencement of said work.

(b) If at any time during the period of this consent, the Township shall alter or change the grade of any street, alley or other way or place, the Company, upon reasonable notice by the Township shall remove or relocate its equipment, at its own expense.

(c) Upon request of a person holding a building or moving permit issued by the Township, the Company shall temporarily move or remove appropriate parts of its facilities so as to permit the moving or erection of buildings or for the performance of other work. The expense of any such temporary removal or relocation shall be paid in advance to the Company by the person requesting the same. In such cases, the Company shall be given not less than fourteen (14) days prior written notice in order to arrange for the changes required.

(d) During the exercise of its rights and privileges under this consent, the Company shall have the authority to trim trees upon and overhanging streets, alleys, sidewalks and public places of the Township so as to prevent the branches of such trees from coming in contact with the wires, cables, conduits and fixtures of the Company. Such trimming shall be only to the extent necessary to maintain proper clearance for the Company’s facilities.

170-13. Technical and Customer Service Standards.

The Company shall comply with the technical and customer service standards established for the cable industry under applicable federal and State laws, rules and regulations.

170-14. Local Office or Agent.

The Company shall establish and maintain during the entire term of this consent a local area business office or agent for the purpose of receiving, investigating and resolving complaints regarding the quality of service, equipment malfunctions and similar matters. Said office shall be open daily during normal business hours, and in no event less than 9:00 a.m. to 5:00 p.m., Monday through Friday, with the exception of holidays.

170-15. Designation of Complaint Officer.

The Office of Cable Television is hereby designated as the complaint officer for the Township pursuant to the provisions of N.J.S.A. 48:5A-26. All complaints shall be reviewed and processed in accordance with N.J.A.C. 14:17-6.5.

170-16. Liability Insurance.

The Company agrees to maintain and keep in force and effect at its sole cost at all times during the term of this consent, sufficient liability insurance naming the Township as an additional insured and insuring against loss by any such claim, suit, judgment, execution or demand in the minimum amounts of five-hundred thousand dollars ($500,000.00) for bodily injury or death to one person, and one million dollars ($1,000,000.00) for bodily injury or death resulting from any one accident or occurrence stemming from or arising out of the Company’s exercise of its rights hereunder.

170-17. Performance Bond.

The Company shall obtain and maintain, at its sole cost and expense, during the entire term of this Agreement, a bond to the Township in the amount of twenty-five thousand dollars ($25,000.00). Such bond shall be to insure the faithful performance of its obligations as provided in this Franchise.

170-18. Rates.

A. The rates of the Company for cable television service shall be subject to regulation to the extent permitted by federal and State law.

B. Cablevision shall implement a senior citizen discount in the amount of ten percent (10%) off the monthly broadcast basic level of cable television service rate to any person sixty-two (62) years of age or older, who subscribes to cable television services provided by the Company, subject to the following:

(i) Such discount shall only be available to eligible senior citizens who do not share the subscription with more than one person in the same household who is less than sixty-two (62) years of age; and,

(ii) In accordance with N.J.S.A. 48:5A-11.2, subscribers seeking eligibility for the discount must meet the income and residence requirements of the Pharmaceutical Assistance to the Aged and Disabled program pursuant to N.J.S.A. 30:4D-21; and,

(iii) The senior discount herein relates only to the broadcast basic level of cable television service, and shall not apply to any additional service, feature, or equipment offered by the Company, including any premium channel services and pay-per-view services; and,

(iv) Senior citizens who subscribe to a level of cable television service beyond expanded basic service, including any premium or per channel a la carte service, shall not be eligible for the discount; and,

C. The Company shall have no further obligation to provide the senior discount herein in the event that (a) the Company converts the municipal consent granted herein to a system-wide franchise in accordance with N.J.S.A. 48:5A-25.1; or (b) upon Board approval of a certification that another cable television service provider offering services to residents of the Municipality files, in accordance with N.J.S.A. 48:5A-30(d), is capable of serving sixty percent (60%) or more of the households within the Municipality. In the event the Company does cease providing a senior discount pursuant to this provision, it shall comply with all notice requirements of applicable law

170-19. Emergency Uses.

The Company shall be required to have the capability to override the audio portion of the system in order to permit the broadcasting of emergency messages by the Township pursuant to state and federal requirements. The Company shall in no way be held liable for any injury suffered by the Township or any other person, during an emergency, if for any reason the Township is unable to make full use of the cable television system as contemplated herein. The Township shall utilize the state-approved procedures for such emergency uses.

170-20. Equitable Terms.

In the event that the service of another multi-channel video program provider not subject to the Township’s regulatory authority within the Municipality creates a significant competitive disadvantage to the Company, the Company shall have the right to request from the Township lawful amendments to its Franchise that relieve it of burdens which create the unfair competitive situation. Should the Company seek such amendments to its Franchise, the parties agree to negotiate in good-faith appropriate changes to the Franchise in order to relieve the Company of such competitive disadvantages. If the parties can reach an agreement on such terms, the Township agrees to support the Company's petition to the Board for modification of the consent in accordance with N.J.S.A 48:5A-47 and N.J.A.C. 14:17-6.7.

If the parties are unable to reach an agreement on appropriate amendments to the franchise, the Township acknowledges that the Company shall have the right to petition the Board directly for such amendments in accordance with N.J.S.A. 48:5A-47 and N.J.A.C. 14:17-6.7; provided, however, the Township shall be under no obligation to support the Company's request for such relief from the Board.

In any subsequent municipal consent, Township shall require, at a minimum, the same terms and conditions of any other provider of multi-channel video programming subject to the Township’s regulatory authority as those contained in the instant consent. In the event such subsequent consent does not contain the same terms and conditions as the instant consent, Township agrees to support the Company's petition to the Board for modification of the consent in accordance with N.J.S.A. 48:5A-47 and N.J.A.C. 14:17-6.7 to relieve the Company of competitive disadvantages identified in the Company's petition.

170-21. Removal of Facilities.

Upon expiration, termination or revocation of this Ordinance, the Company at its sole cost and expense and upon direction of the Board, shall remove the cables and appurtenant devices constructed or maintained in connection with the cable services authorized herein, unless the Company, its affiliated entities or assignees should, within six (6) months after such expiration, termination or revocation obtain certification from the FCC to operate an open video system or any other federal or state certification to provide telecommunications.

170-22. Public, Educational, and Governmental Access.

The Company shall continue to make available non-commercial public, educational and governmental (PEG) access services to the residents of the Municipality as described in the Application for municipal consent. All the Company support for PEG access shall be for the exclusive benefit of the Company’s subscribers.

170-23. Employee Identification.

A.. Each employee of the Company who routinely comes into contact with members of the public at their places of residence must wear a picture identification card clearly indicating his or her employment with the Company. The photograph on the identification card shall prominently show the employee's name and/or identification number. Such employee shall prominently display such identification card and shall show it to all such members of the public. Each employee of any contractor or subcontractor of the Company who routinely comes into contact with members of the public at their places of residence must wear a picture identification card clearly indicating his or her name, the name of such contractor or subcontractor and the name of the Company.

B. Notwithstanding any other provision of law regulating door-to-door solicitation or other sales activities undertaken on public or private property within the Municipality, including any licensing or permit obligations required for such activities, the obligations set forth in this Section 22 of this ordinance shall be the sole conditions governing the authorization and identification required for the entrance onto public or private property imposed upon Company or its employees, agents, contractors or subcontractors for the purpose of selling, marketing or promoting services offered by the Company to residents of the Municipality.

170-24. Incorporation of Application.

All of the commitments contained in the Application and any amendment thereto submitted in writing to the Township by the Company except as modified herein, are binding upon the Company as terms and conditions of this consent. The Application and any other written amendments thereto submitted by the Company in connection with this consent are incorporated in this Ordinance by reference and made a part hereof, except as specifically modified, changed, limited, or altered by this Ordinance, or to the extent that they conflict with State or federal law.

170-25. Consistency with Applicable Laws.

This consent shall be construed in a manner consistent with all applicable federal, State and local laws; as such laws, rules and regulations may be amended from time to time.

170-26. Separability.

If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portion thereof.

170-27. Notice.

Notices required under this Ordinance shall in writing and shall be mailed, first class, postage prepaid, to the addresses below. Either party may change the place where notice is to be given by providing such change in writing at least thirty (30) days prior to the time such change becomes effective. The time to respond to notices under this Ordinance shall run from receipt of such written notice.

Notices to the Company shall be mailed to:

Altice USA
1 Court Square West, 49^th Floor

Long island City, NY 11101
Attention: Senior Vice President for Government Affairs

With a copy to:

CSC TKR, LLC
c/o Altice USA
1 Court Square West

Long island City, NY 11101
Attention: Legal Department

Notices to the Township shall be mailed to:

Township of Vernon

21 Church Street

Vernon, NJ 07462

Attention: Township Manager

Notwithstanding anything herein to the contrary, regulatory notices from Company to the Township which are required pursuant to State and federal rules and regulations may be served electronically upon the Township, instead of by first class mail as described above, to an email address provided by the Township.

170-28. Effective Date and Board of Public Utility Approval.

This Ordinance shall take effect upon issuance of a Certificate of Approval as issued by the Board of Public Utilities that incorporates the material terms of this Ordinance. Nothing herein shall alter the right of the Company to seek modification of this Ordinance in accordance with N.J.S.A 48:5A-47 and N.J.A.C. 14:17-6.7. In accordance with N.J.S.A. 48:5A-25.1, the terms of this Ordinance will no longer be in effect upon The Company converting the municipal consent (and any certificate of approval) into a system-wide franchise.

SECTION 2

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

SECTION 4

This Ordinance shall take effect immediately as provided by law.

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

President Buccieri asked for a motion to open the floor for public hearing on ordinance #23-06.

MOVED: Tadrick

SECOND: Distasi

All members were in favor.

Thomas McClachrie asked why we are creating new positions when we have no new roads.

Seeing no one else from the public wishing to come forward, President Buccieri asked for a motion to close the public hearing on ordinance #23-06.

MOVED: Tadrick

SECOND: Sparta

All members were in favor.

Ms. Bright explained that Civil Service dictates what the duties and titles are for our positions. These two positions originally were not given the correct titles. We are renaming positions we have currently because the individuals are currently performing these titles. There are no plans for increases when the titles are changed.

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

MOVED: Sparta

SECOND: Tadrick

A roll call vote was taken:

AYES: Distasi, Rizzuto, Sparta, Tadrick, Buccieri

NAYES:

ABSTAIN:

ABSENT:

Motion carries to approve ordinance #23-06.

ORDINANCE #23-06

ORDINANCE OF THE TOWNSHIP OF VERNON, COUNTY OF SUSSEX, STATE OF NEW JERSEY, AMENDING CHAPTER 5, ARTICLE X ENTITLED “DEPARTMENT OF PUBLIC WORKS” TO CREATE THE POSITIONS OF ASSISTANT DIRECTOR OF PUBLIC WORKS AND DIRECTOR OF AUTOMOTIVE SERVICES

WHEREAS, a determination has been made that it would be in the best interests of the Township of Vernon to create the position of Assistant Director of Public Works and to create the position of Director of Automotive Services; and

WHEREAS, the presence of an Assistant Director of Public Works and a Director of Automotive Services will help provide additional supervision, promote greater efficiencies with the Department of Public Works, to reflect current duties being performed in the Department of Public Works, and to be in compliance with the requirements of the Civil Service Commission.

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

SECTION 1

5-52. Establishment; Director of Public Works as head; qualifications; Assistant Director of Public Works; Director of Automotive Services.

There is hereby established a Department of Public Works, the head of which shall be the Director of Public Works.

Prior to appointment, the Director of Public Works shall have experience and education sufficient to perform the duties and responsibilities of the office. The Director of Public Works shall hold and maintain a certified public works administrator's certificate as required by N.J.S.A. 40A:9-154.6a et seq.

C. There shall also be an Assistant Director of Public Works, who shall be appointed by the Mayor, as the Appointing Authority. Prior to appointment, the Assistant Director of Public Works shall have experience and education sufficient to perform the duties and responsibilities of the office. The Assistant Director of Public Works shall have obtained and continue to maintain a certified public works manager certification. The Assistant Director shall perform duties assigned and designated by the Director of Public Works.

D. There shall also be a Director of Automotive Services, who shall be appointed by the Mayor, as the Appointing Authority. Prior to appointment, the Director of Automotive Services shall have experience and education sufficient to perform the duties and responsibilities of the office.

SECTION 2

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

SECTION 3

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

SECTION 4

This Ordinance shall take effect immediately as provided by law.

Ordinance #23-07: An Ordinance of the Township of Vernon, County of Sussex and State of New Jersey, Amending and Supplementing Chapter 509, “Taxation,” of the Township Code to Establish Article III, “100% Disabled Veteran Tax Refunds

President Buccieri asked for a motion to open the floor for public hearing on ordinance #23-07.

MOVED: Tadrick

SECOND: Sparta

All members were in favor.

Thomas McClachrie – feels that this ordinance is giving Veterans more payout. He asked if all people who are already disabled veterans are intitled to a year of back taxes?

Seeing no one else from the public wishing to come forward, President Buccieri asked for a motion to close the public hearing on ordinance #23-07.

MOVED: Tadrick

SECOND: Sparta

All members were in favor.

President Buccieri asked for a motion to approve ordinance #23-07.

MOVED: Tadrick

SECOND: Sparta

Ms. Bright explained this ordinance is to make a policy.

A roll call vote was taken:

AYES: Distasi, Rizzuto, Sparta, Tadrick, Buccieri

NAYES:

ABSTAIN:

ABSENT:

Motion carries to approve ordinance #23-07.

ORDINANCE #23-07

AN ORDINANCE OF THE TOWNSHIP OF VERNON,

COUNTY OF SUSSEX AND STATE OF NEW JERSEY, AMENDING AND SUPPLEMENTING CHAPTER 509, "TAXATION," OF THE TOWNSHIP CODE TO ESTABLISH ARTICLE III, "100% DISABLED VETERAN TAX REFUNDS"

WHEREAS, pursuant to N.J.S.A. 54:4-3.30, the dwelling house and the lot whereupon the same is erected, of any citizen and resident of this State, honorably discharged or released under honorable circumstances, from active service, in time of war, in any branch of the Armed Forces of the United States, who has been or shall be declared by the United States Veterans Administration or its successor to have a service-connected disability declared by the United States Veterans Administration or its successor to be a total or 100 percent permanent disability, and not so evaluated solely because of hospitalization or surgery and recuperation, sustained through enemy action, or accident, or resulting from disease contracted while in such active service, shall be exempt from taxation on proper claim made therefor; and

WHEREAS, pursuant to N.J.S.A. 54:4-3.31, upon review and approval of the required documentation by the municipal tax assessor, the assessor shall allow said exemption from taxation for the tax year in which the claim was filed; and

WHEREAS, pursuant to N.J.S.A. 54:4-3.32, the governing body of each municipality, by appropriate resolution, may return all taxes collected on property from prior years which would have been exempt had proper claim been timely made in writing; and

WHEREAS, the statutory intent to grant discretion to the governing body of every municipality has been affirmed by court decisions that have held that a municipality has discretion to grant or deny a taxpayer a retroactive refund of property taxes that has been paid from the effective date of the disability as determined by the United States Department of Veterans Affairs as set forth in N.J.S.A. 54:4-3.32; and

WHEREAS, the Township Council desires to establish a formal policy providing that a retroactive refund of property taxes as set forth in N.J.S.A. 54:4-3.32 shall be limited to the current year of the submission of a proper claim to the tax assessor as required by N.J.S.A. 54:4-30.

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

SECTION 1

Chapter 509, "Taxation," of the Code of the Township of Vernon is hereby amended and supplemented to establish Article III, "100% Disabled Veteran Tax Refunds” which shall read in its entirety as follows:

ARTICLE III 100% Disabled Veteran Tax Refunds

509-22 Property Tax Refunds.

A refund of property taxes pursuant to N.J.S.A. 54:4-3.32 shall be granted provided that the applicant submits a complete application to the tax assessor as required by N.J.S.A. 54:4-3.30. A retroactive refund of property taxes as set forth in N.J.S.A. 54:4-3.32 shall be limited to the effective date listed in the letter received by the Tax Assessor from the United States Department of Veterans Affairs up to a maximum of four tax quarters (1 year) as required by N.J.S.A. 54:4-3.30.

SECTION 2

All Ordinances of the Township of Vernon that are inconsistent with the provisions of this Ordinance are hereby repealed to the extent of such inconsistency.

SECTION 3

If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the remaining portions of this Ordinance.

SECTION 4

This ordinance shall take effect twenty (20) days following final passage, approval, and publication as required by law.

Ordinance #23-08: Ordinance Amending the Salaries for Certain Officers and Employees of the Township of Vernon, County of Sussex, State of New Jersey

President Buccieri asked for a motion to open the floor for public hearing on ordinance #23-08.

MOVED: Tadrick

SECOND: Distasi

All members were in favor.

Thomas McClachrie – feels that in Civil Service when you change a title the pay raise changes also.

Ann Larson – expressed concern about the two new positions because they have not been explained in the ordinance.

Jessica Paladini – feels that any changes of titles often come with changes in salaries and the public is not getting the correct information.

Seeing no one else from the public wishing to come forward, President Buccieri asked for a motion to close the public hearing on ordinance #23-08.

MOVED: Tadrick

SECOND: Sparta

All members were in favor.

President Buccieri asked for a motion to approve ordinance #23-08.

MOVED: Sparta

SECOND: Tadrick

A roll call vote was taken:

AYES: Distasi, Rizzuto, Sparta, Tadrick, Buccieri

NAYES:

ABSTAIN:

ABSENT:

Motion carries to approve ordinance #23-08.

ORDINANCE #23-08

ORDINANCE AMENDING THE SALARIES FOR

CERTAIN OFFICERS AND EMPLOYEES OF

THE TOWNSHIP OF VERNON, COUNTY OF SUSSEX, STATE OF NEW JERSEY

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

Section 1. The salary ranges for hereinafter listed Township Officers, employees, and positions shall be and are hereby fixed for the year, commencing January 1, 2023 and shall be the same until a new salary ordinance is adopted by the governing body.

FULL TIME: Minimum Maximum

Public Works

*DPW-Department Head 90,000 120,000

*Assistant Director of Public Works 80,000 100,000

*Assistant Supervisor 70,000 85,000

*Supervising Mechanic 70,000 85,000

*Director of Automotive Services 70,000 85,000

*Work week is 40 hours

Section II: All ordinances of the Township of Vernon which are inconsistent with the provisions of the Ordinance are hereby repealed to the extent of each inconsistency.

If any chapter, article, division, section, subsection, paragraph, sentence, clause, or provision of the Ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect all remaining portions of this Ordinance.

Section III. The Ordinance shall take effect twenty (20) days after final passage, approval and publication after adoption by the Township Council and shall be retroactive to January 1, 2023.

MAYORS COMMENTS

As I have repeatedly said, our town is a great place to not only live and raise a family, but also a great place to visit. This point of view is repeatedly shared by a host of residents and non-residents on various social media platforms.

And, earlier this month, Thrillist, the media giant that is the go-to source for many who are looking for advice and recommendations on locations for good food, drink, travel and entertainment, joined in with the chorus of us who are singing Vernon’s praises.

In a March 6 post on their website, which has almost six million followers, Thrillist listed Vernon as one of the “Eight small towns in Jersey that are perfect for an easy getaway from NYC.”

This post cited the presence of:

Mountain Creek and its winter and summer amenities;

It cited our walking and biking trails that lead to panoramic views - - walking and biking trails have become major draws for visitors to small towns all over America;

It cited the Daily Bean, the Crystal Café, and the newly renovated Glenwood Restaurant as unique local eateries; and …

It cited the Highland Flowers & Gifts Shop, plus the metaphysical shop, Crystals of Quartz, as places to purchase one-of-a-kind and unique gifts in Vernon.

We live in a great town; and, one of my objectives as Mayor is to do everything that I can to make it an even greater town, and to tell the world about, every chance that I get.

During these three plus years that I have served as your Mayor, all of my comments and actions have been aimed at achieving this objective!

PUBLIC COMMENTS (Limited to 5 Minutes Per Person)

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

MOVED: Sparta

SECOND: Distasi

All members were in favor.

Peter Knipe – commended the Council for discussing the spending of money for the track. Mr. Knipe feels that government can be run like a business and the trail is an example of poor planning. Mr. Knipe is disappointed with the change of titles of the employees and he feels that you do not change titles without a bump.

Robert Boyle owner of Planet Networks, CEO – thanked the Council for the clarification regarding the road safety for contractors. He is hoping that for Planet Networks, in the interest of competition, the Council will approve a resolution saying that there are more choices for residents.

Sean Clarkin – attended an Economic Development meeting and they were talking about a study plan. The next evening, he attended a Land Use Board meeting and they were talking about limiting what can be done on farmland. Mr. Clarkin does not know what users are going to pay for the water lines and the pipes. Mr. Clarkin feels that a plan needs to be developed to add more toilet bowls.

Ms. Bright explained that we need additional users. We have an existing sewer service area right now and there are properties that are not connected because of the location of the existing mains. The idea is to expand to the areas that cannot currently connect but are in the existing sewer service area. The MUA and the Township will work together to come up with an updated expanded sewer service area. We have been working with the DEP for about eight years. There is a process with the DEP to get the expanded areas approved and that will add additional users as well.

Mr. Clarkin asked how many users.

Mr. Bright said she will get him the numbers. Depending on the type of development there are different EDU’s.

Mr. Clarkin asked if Ms. Bright can show the need to expand the sewer service area.

Jack DeGroot – is running for Sussex County Commissioner. He introduced himself to the Council and hopes for their support.

Sally Rinker – questioned the process to form an ad hoc committee. She feels that the form of government has been changed and the perfect government does not exist. Ms. Rinker asked if the ad hoc committee meetings will be open to the public.

Thomas McClachrie – questioned when the budget will be public. He agrees with Ms. Rinker in regards to the form of government.

Ann Larson – expressed concern about the MUA and having people with new septics required to connect to the sewer. Ms. Larson feels that paving the trail is a waste of money and there are too many loose ends.

Jessica Paladini – feels that transparency is lacking. She asked that the pay increases for the DPW employees are told to the public. Ms. Paladini feels that Matthew Conway would be great for the ad hoc committee. Ms. Paladini thanked the Council for tabling the money for the trail. She wants to see where it is stated that the trail would be paved. Ms. Paladini wants to be sure we are not limited to $100,000 for the grant of the Baldwin property.

George Nikanorov – expressed concern about the ad hoc committee. He feels that this committee from a charter perspective is a waste of taxpayer’s dollars. Mr. Nikanorov suggested that this committee be tasked with improving our government and determining what is missing from our current government rather than changing the form.

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.

COUNCIL COMMENTS

Council Member Tadrick had no comments.

Council Member Distasi thanked Chief Young for his response to the Advertiser. As always it was very efficient and it clarified the situation. Council Member Distasi advised that people do their research and not always listen to social media because many times it is unfounded. It is an interpretation of an individual’s point of view and not the facts of the Council. Council Member Distasi commented that she takes the budget process seriously and we are working hard on it and it is not being ignored. Council Member Distasi complimented the Town Clerk for restoring the minutes back on the website so quickly.

Council Member Sparta had no comments.

Council Member Rizzuto had no comments.

COUNCIL PRESIDENT COMMENTS

Council President Buccieri had no comments.

ADJOURNMENT

At 10:00 pm Council Member Rizzuto made a motion to adjourn the meeting. Seconded by Council Member Sparta.

All were in favor.

Marcy Gianattasio, RMC, CMR
Municipal Clerk

Minutes approved: March 27, 2023

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