TOWN OF PHILLIPSBURG



TOWN OF PHILLIPSBURG

Town Council Meeting Minutes

January 05, 2021 – 7:00 PM

1. OPEN PUBLIC MEETING ACT STATEMENT read by Clerk Kleiner – January 5, 2021 posted as required

2. PLEDGE OF ALLEGIANCE – by assembly

3. INVOCATION - by Councilman McVey

4. SELECTION OF CHAIRPERSON-PRO-TEMPORE

A motion to have Attorney Wenner be Chair Pro-Temp – the motion

carried a 5-0 Vote

Attorney Wenner thanked Council and entertained nominations for Council President.

5. SELECTION OF COUNCIL PRESIDENT

Councilman Piazza nominated Councilman McVey

Councilman Wyant nominated Councilwoman DeGerolamo

Councilman Fulper seconded the nomination for Frank McVey

ROLL CALL Motion carries 3-2

|Councilmembers |First |Second |Yea |Nay |Abstain |Absent |

|Councilman Wyant | | | |X | | |

|Councilman Piazza |X | |X | | | |

|Councilwoman DeGerolamo | | | |X | | |

|Councilman Fulper | |X |X | | | |

|Councilman McVey | | |X | | | |

Oath of Office given by Clerk Kleiner. Councilman McVey takes Oath of Office to become Council President. Congratulations are given.

6. SELECTION OF VICE PRESIDENT

Council President McVey asked for nominations for Council Vice President.

Councilman Piazza nominated Councilman Fulper

Councilwoman DeGerolamo nominated Councilman Wyant

Councilman Wyant – declined the nomination.

Councilman McVey seconded the nomination of Councilman Fulper for Vice President

ROLL CALL Motion carries 5-0

|Councilmembers |First |Second |Yea |Nay |Abstain |Absent |

|Councilman Wyant | | |X | | | |

|Councilman Piazza |X | |X | | | |

|Councilwoman DeGerolamo | | |X | | | |

|Councilman Fulper | | |X | | | |

|Councilman President McVey | |X |X | | | |

Congratulations given to VP Fulper

7. BILLS LIST

ROLL CALL Motion carries 5-0

|Councilmembers |First |Second |Yea |Nay |Abstain |Absent |

|Councilman Wyant | | |X | | | |

|Councilman Piazza | | |X | | | |

|Councilwoman DeGerolamo |X | |X | | | |

|Council Vice President Fulper | |X |X | | | |

|Council President McVey | | |X | | | |

Discussion - none

8. PUBLIC DISCUSSION ON AGENDA ITEMS

Mayor Tersigni 378 Grant Street, R: 2021-24 removing Mayor’s vehicle, asked that this be used as a pool vehicle for other employees to cut down on mileage reimbursements.

Lori Ciesla – Lopatcong Twp.

Congratulated President McVey and VP Fulper, looking forward to working with them as Freeholder commissioner and wished all a Happy New Year.

CP McVey thanked Councilman Piazza for handling Zoom mtg.

9. CONFIRMATION OF MAYOR APPOINTMENTS

A. Mayor’s selection for Town Attorney is Rich Wenner, Esq. from the firm of Lavery, Selvaggi, Abromitis & Cohen.

ROLL CALL Motion carries 5-0

|Councilmembers |First |Second |Yea |Nay |Abstain |Absent |

|Councilman Wyant | | |X | | | |

|Councilman Piazza | |X |X | | | |

|Councilwoman DeGerolamo | | |X | | | |

|Council Vice President Fulper |X | |X | | | |

|Council President McVey | | |X | | | |

Discussion – None

Wyant – can we pass all appointments in block form?

CP McVey – Not really, not consent appt., need to go through individually.

B. Mayor’s selection for Town Auditor is Nisivoccia & Company LLP, Auditor Heidi Wohlleb

ROLL CALL Motion carries 5-0

|Councilmembers |First |Second |Yea |Nay |Abstain |Absent |

|Councilman Wyant | | |X | | | |

|Councilman Piazza |X | |X | | | |

|Councilwoman DeGerolamo | |X |X | | | |

|Council Vice President Fulper | | |X | | | |

|Council President McVey | | |X | | | |

Discussion - None

C. Mayor’s selection for Bond Council the firm of Wilentz, Goldman & Spitzer, Lisa Gorab, Esq.

ROLL CALL Motion carries 4-1

|Councilmembers |First |Second |Yea |Nay |Abstain |Absent |

|Councilman Wyant |X | |X | | | |

|Councilman Piazza | | |X | | | |

|Councilwoman DeGerolamo | |X |X | | | |

|Council Vice President Fulper | | | |X | | |

|Council President McVey | | |X | | | |

Discussion - None

D. Mayor’s selection for Sewer Engineer – Remington and Vernick – Dennis Yoder.

ROLL CALL Motion carries 5-0

|Councilmembers |First |Second |Yea |Nay |Abstain |Absent |

|Councilman Wyant |X | |X | | | |

|Councilman Piazza | | |X | | | |

|Councilwoman DeGerolamo | |X |X | | | |

|Council Vice President Fulper | | |X | | | |

|Council President McVey | | |X | | | |

Discussion - None

E. Mayor’s selection for Municipal Prosecutor is – Steven Siegel, Esq.

ROLL CALL Motion carries 5-0

|Councilmembers |First |Second |Yea |Nay |Abstain |Absent |

|Councilman Wyant |X | |X | | | |

|Councilman Piazza | | |X | | | |

|Councilwoman DeGerolamo | |X |X | | | |

|Council Vice President Fulper | | |X | | | |

|Council President McVey | | |X | | | |

Discussion - None

F. Mayor’s selection for Public Defender is Steven Dunbar Esq.

ROLL CALL Motion carries 5-0

|Councilmembers |First |Second |Yea |Nay |Abstain |Absent |

|Councilman Wyant |X | |X | | | |

|Councilman Piazza | | |X | | | |

|Councilwoman DeGerolamo | |X |X | | | |

|Council Vice President Fulper | | |X | | | |

|Council President McVey | | |X | | | |

Discussion - None

G. Mayor’s selection for Risk Management Acrisure and Fairview Associates

ROLL CALL Motion carries 4-1

|Councilmembers |First |Second |Yea |Nay |Abstain |Absent |

|Councilman Wyant | | | |x | | |

|Councilman Piazza |X | |x | | | |

|Councilwoman DeGerolamo | | |x | | | |

|Council Vice President Fulper | | |x | | | |

|Council President McVey | |X |x | | | |

Discussion - None

H. Mayor’s selection for Insurance Consultant Acrisure

ROLL CALL Motion carries 3-2

|Councilmembers |First |Second |Yea |Nay |Abstain |Absent |

|Councilman Wyant | | | |x | | |

|Councilman Piazza | |x |x | | | |

|Councilwoman DeGerolamo | | | |x | | |

|Council Vice President Fulper |x | |x | | | |

|Council President McVey | | |x | | | |

Discussion - None

I. Mayor’s selection for Sub Code Fire Official – Kevin Duddy

ROLL CALL Motion carries 5-0

|Councilmembers |First |Second |Yea |Nay |Abstain |Absent |

|Councilman Wyant |X | |X | | | |

|Councilman Piazza | | |X | | | |

|Councilwoman DeGerolamo | | |X | | | |

|Council Vice President Fulper | |X |X | | | |

|Council President McVey | | |X | | | |

Discussion - None

J. Mayor’s selection for Town Planner – Van Cleef Engineering

ROLL CALL Motion carries 5-0

|Councilmembers |First |Second |Yea |Nay |Abstain |Absent |

|Councilman Wyant | |X |X | | | |

|Councilman Piazza | | |X | | | |

|Councilwoman DeGerolamo | | |X | | | |

|Council Vice President Fulper |X | |X | | | |

|Council President McVey | | |X | | | |

Discussion – None

CP McVey stated congratulations to Mayor Tersigni as all picks were very good. No Mayor report tonight. No Police report tonight, Mayor said Police report would be once a month. Noted had some questions, want to know Ordinances are being enforced. Reading of stats not helpful. No Police reports, but encouraged Mayor to have more Town Hall meetings because Police Dept. falls under BA and Mayor. CP McVey feels Council will stick to Legislative. Encouraging Public to reach out to Mayor’s office, contact City hall with questions/concerns.

10. RESOLUTIONS - CONSENT AGENDA * *Matters listed on the Consent Agenda Resolution are considered routine and will be enacted by one motion of the Council and one roll call vote. There will be no separate discussion of these items unless a Council member requests an item to be removed for consideration

ROLL CALL Consent Motion carries 5-0

|Councilmembers |First |Second |Yea |Nay |Abstain |Absent |

|Councilman Wyant | | |X | | | |

|Councilman Piazza | |X |X | | | |

|Councilwoman DeGerolamo | | |X | | | |

|Council Vice President Fulper |X | |X | | | |

|Council President McVey | | |X | | | |

R:2021-01 THROUGH R:2021-25 – carries 5-0 minus R:2021-05 and R:2021-24.

R: 2021-01

A RESOLUTION TO PROVIDE FOR THE ADOPTION OF THE TEMPORARY BUDGET FOR 2021 IN ACCORDANCE WITH THE LOCAL BUDGET ACT

R: 2021-02

A RESOLUTION TO PROVIDE FOR AN ADOPTION OF A TEMPORARY BUDGET FOR DEBT SERVICE FOR THE YEAR 2021 IN ACCORDANCE WITH THE PROVISIONS OF THE LOCAL BUDGET ACT

R: 2021-03

A RESOLUTION TO PROVIDE FOR THE ADOPTION OF A TEMPORARY BUDGET FOR THE SEWER UTILITY FUND FOR

2021 IN ACCORDANCE WITH THE LOCAL BUDGET ACT

R: 2021-04

A RESOLUTION TO PROVIDE FOR AN ADOPTION OF A TEMPORARY BUDGET FOR DEBT SERVICE FOR THE YEAR 2021 IN ACCORDANCE WITH THE PROVISIONS OF THE LOCAL BUDGET ACT

R: 2021-06

A RESOLUTION TO PROVIDE FOR THE DESIGNATION OF DEPOSITORIES FOR VARIOUS ACCOUNTS OF THE TOWN OF PHILLIPSBURG FOR YEAR 2021

R: 2021-07

A RESOLUTION DESIGNATING NEWSPAPERS TO RECEIVE NOTICE OF MEETINGS

R: 2021-08

A RESOLUTION AUTHORIZING TOWN ATTORNEY AND/OR SPECIAL TAX COUNSEL TO EXECUTE STIPULATIONS, CORRECT ASSESSMENTS IN TAX COURT, FILE ADDED, OMITTED, OMITTED/ADDED ASSESSMENTS, ROLL-BACK TAX COMPLAINTS AND TAX APPEALS

R: 2021-09

A RESOLUTION ESTABLISHING SEWER MEETING DATES FOR YEAR 2021

R: 2021 -10

A RESOLUTION APPOINTING TAX SEARCH AND ASESSMENT SEARCH OFFICERS

R: 2021- 11

A RESOLUTION OF THE TOWN OF PHILLIPSBURG, COUNTY OF WARREN, STATE OF NEW JERSEY REAUTHORIZING PETTY CASH FUNDS FOR CALENDAR YEAR 2021

R: 2021-12

A RESOLUTION OF THE TOWN OF PHILLIPSBURG, COUNTY OF WARREN,

STATE OF NEW JERSEY AUTHORIZING A “CHANGE FUND” FOR USE BY THE TAX COLLECTOR’S OFFICE, THE CLERK/VITAL STATISTICS OFFICE, SEWER UTILITY OFFICE, CONSTRUCTION OFFICIAL OFFICE, MUNICIPAL COURT OFFICE MUNICIPAL POOL AND POLICE DEPARTMENT.

R: 2021-13

A RESOLUTION APPOINTING THE PENSIONS AND BENEFITS CERTIFYING OFFICER AND CERTIFYING SUPERVISOR WITHIN THE TOWN OF PHILLIPSBURG

R: 2021-14

A RESOLUTION APPROVING LIST FOR TOWING SERVICES WITHIN THE TOWN OF PHILLIPSBURG FOR YEAR 2021

R: 2021-15

A RESOLUTION AUTHORIZING THE MUNICIPAL CLERK TO ADMINISTER ALL GAMES OF CHANCE LICENSES FOR THE YEAR 2021

R: 2021-16

A RESOLUTION AUTHORIZING THE COUNTY OF WARREN THROUGH THE WARREN COUNTY/PHILLIPSBURG POLICE DEPARTMENT TO PARTICIPATE IN THE DEFENSE LOGISTICS AGENCY, LAW ENFORCEMENT SUPPORT OFFICE, 1033 PROGRAM TO ENABLE THE PHILLIPSBURG POLICE DEPARTMENT TO REQUEST AND ACQUIRE EXCESS DEPARTMENT OF DEFENSE EQUIPMENT

R: 2021-17

A RESOLUTION AWARDING PURCHASES UNDER NEW JERSEY STATE CONTRACT

R: 2021-18

A RESOLUTION OF THE TOWN OF PHILLIPSBURG, COUNTY OF WARREN, STATE OF NEW JERSEY, APPOINTING LORRAINE LOUDENBERRY AS DEPUTY MUNICIPAL CLERK

R: 2021-19

A RESOLUTION ADOPTING A DOMESTIC VIOLENCE POLICY

R: 2021-20

A RESOLUTION OF THE TOWN OF PHILLIPSBURG, COUNTY OF WARREN, STATE OF NEW JERSEY, APPOINTING DEBORAH HAY

AS ALTERNATE DEPUTY REGISTRAR/CLERK 1

R: 2021-21

A RESOLUTION OF THE TOWN OF PHILLIPSBURG, COUNTY OF WARREN,

STATE OF NEW JERSEY, AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH NO NONSENSE NEUTERING FOR THE PROVISION OF TRAP, NEUTER AND RELEASE SERVICES FOR THE TOWN OF PHILLIPSBURG

R- 2021-22

A RESOLUTION OF THE TOWN OF PHILLIPSBURG COUNTY OF WARREN STATE OF NEW JERSEY DESIGNATING VICTORIA L. KLEINER AS THE SAFETY AND ENVIRONMENTAL OFFICER FOR THE TOWN OF PHILLIPSBURG MUNICIPAL BUILDING

R-2021-23

A RESOLUTION OF THE TOWN OF PHILLIPSBURG, COUNTY OF WARREN, STATE OF NEW JERSEY AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR CONTINUING DISCLOSURE AGENT SERVICES WITH PHOENIX ADVISORS, LLC AND APPOINTING PHOENIX ADVISORS, LLC AS THE TOWN’S INDEPENDENT REGISTERED MUNICIPAL ADVISOR

R: 2021-25

RESOLUTION OF TOWN OF PHILLIPSBURG, COUNTY OF WARREN, STATE OF NEW JERSEY APPOINTING TAX COLLECTOR

CP McVey asked Councilmembers if they felt any Resolutions needed to be removed/discussed.

Counclmn Wyant – Stated R2021-05

Counclwmn DeG – Stated R2021-24

PULLED FROM CONSENT

R: 2021-05

A RESOLUTION ESTABLISHING MEETING DATES FOR YEAR 2021

ROLL CALL Motion carries 4-1

|Councilmembers |First |Second |Yea |Nay |Abstain |Absent |

|Councilman Wyant | | | |X | | |

|Councilman Piazza |X | |X | | | |

|Councilwoman DeGerolamo | | |X | | | |

|Council Vice President Fulper | |X |X | | | |

|Council President McVey | | |X | | | |

Discussion

Councilwoman DeGerolamo questioned why not scheduling any Work Sessions for 2021? Adding difficult to do Ordinances and have discussions without Work Sessions.

CP McVey responds introduced idea to Council a few weeks ago, apologized he had missed her email. Believes with intro of Business Administrator, believes he is doing a good job and Council is information oriented don’t need Work Session every month. Added CP will speak daily with BA and get feel from Mayor’s office, confident can get through without WS.

DeG – Stated no one has comment on that? Work Session gives change for Council as team to discuss upcoming matters. Exorbitant amount of time preparing for things coming up. Could reduce meeting time if things were discussed ahead, adding BA does not determine Ordinances. Adding a lot spent on Ordinances – for them to not be right is costly. Need to discuss together – not independently. Need a few WS’s, maybe don’t need all.

CP McVey – stated wouldn’t suggest if not confident it will work. Added, talk about communication, he put out a few weeks ago.

Cnclwmn DeG – stated, addressed to Council President Piazza.

CP McVey – Noted, point of order, when Cnclmember, especially CP is speaking, you will not interrupt. Continued would never let anyone interrupt Councilwoman while she was speaking. Acknowledged CVP Fulper wished to make statement.

CVP Fulper – Noted could always schedule a Work Session if needed in future.

CP McVey – agreed a viable Plan. Adding never said that they couldn’t do that, will run with it this way.

Cnclmn Piazza – Stated has opportunity to observe other Council meetings via Zoom. Added looked at BA’s Town Council meetings in South Plainfield – noting they do not have any Work Sessions and their Council meetings last half an hour. May or may not be

CP McVey – stated wouldn’t suggest if not confident it will work. Added, talk about communication, he put out a few weeks ago.

Cnclwmn DeG – stated, addressed to Council President Piazza.

CP McVey – Noted, point of order, when Cnclmember, especially CP is speaking, you will not interrupt. Continued would never let anyone interrupt Councilwoman while she was speaking. Acknowledged CVP Fulper wished to make statement.

CVP Fulper – Noted could always schedule a Work Session if needed in future.

CP McVey – agreed a viable Plan. Adding never said that they couldn’t do that, will run with it this way.

Cnclmn Piazza – Stated has opportunity to observe other Council meetings via Zoom. Added looked at BA’s Town Council meetings in South Plainfield – noting they do not have any Work Sessions and their Council meetings last half an hour. May or may not be

CP McVey – stated wouldn’t suggest if not confident it will work. Added, talk about communication, he put out a few weeks ago.

Cnclwmn DeG – stated, addressed to Council President Piazza.

CP McVey – Noted, point of order, when Cnclmember, especially CP is speaking, you will not interrupt. Continued would never let anyone interrupt Councilwoman while she was speaking. Acknowledged CVP Fulper wished to make statement.

CVP Fulper – Noted could always schedule a Work Session if needed in future.

CP McVey – agreed a viable Plan. Adding never said that they couldn’t do that, will run with it this way.

Cnclmn Wyant – noted should have work sessions. Feels need to be discussed with entire Council, noted felt very uninformed a lot of times as to what is going on within Council. Not apprised without Public Work Session, may not have any input on what is going on.

CP McVey – stated, if happens in future, to hold him directly accountable. Adding he will be speaking to Cnclmn Wyant.

R: 2021-24

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PHILLIPSBURG, COUNTY OF WARREN, STATE OF NEW JERSEY, AUTHORIZING THE SALE OF MUNICIPAL PROPERTY NO LONGER NEEDED FOR PUBLIC USE

Motion to Amend

ROLL CALL to AMEND to provide in-kind. Motion carries 3-0

|Councilmembers | |First |Second |Yea |Nay |Abstain |Absent |

|Councilman Wyant | | | | |X | | |

|Councilman Piazza | | |X |X | | | |

|Councilwoman DeGerolamo | | | | |X | | |

|Council Vice President Fulper | |X | |X | | | |

|Council President McVey | | | |X | | | |

Discussion

Discussion regarding Motion R2021-24

Cnclmn Wyant – Where did this come from? Adding many other things could be sold. Recommend pulling from Agenda totally.

DeG – Agree, just put large amount of money into this vehicle. Adding Town has annual sale. Why one (1) piece of equipment, significant loss to Town.

McVey – Contacted Attorney, thought about back in November, asked Mayor before when $1,000 repair bill, where vehicle should be kept, when to use. Hoped situation would improve, did not. If event predictable it is preventable. This vehicle is a 2004 – 16 yr old vehicle, is expendable. Suggestion, spoke to Attorney, move to NJ Youth Corp – in kind sale. Don’t have SUV. Beautification of our Town and Education of students. Better used, moved to in kind NJ Youth Corps.

CVP Fulper – Noted he could support that, adding the NJ Youth Corp Program is an asset to the Community.

CP McVey – NJ Youth Corp does amazing work, I applaud them. They will be happy to utilize this SUV, they only have vans. This is how you treat partners, stakeholders in this Town.

Motion

ROLL CALL As amended Motion carries 3-2

|Councilmembers |First |Second |Yea |Nay |Abstain |Absent |

|Councilman Wyant | | | |X | | |

|Councilman Piazza | |X |X | | | |

|Councilwoman DeGerolamo | | | |X | | |

|Council Vice President Fulper |X | |X | | | |

|Council President McVey | | |X | | | |

11. NEW BUSINESS

VP Fulper – Saturday evening, 01.02.2021 incident occurred at 32-34 Heckman Street. Off duty Police officer witnessed man swing metal object at a woman, fortunately missed and caused Property damage. Requested information from Police Chief Stettner. Nothing forth coming. Directly related to out of town landlords; which causes many problems for our Town. Need to know how many properties have been dubbed nuisances or have violations. Publicly asking Mayor/Police Dept. to take back our Community by enforcing Ordinances. Commended Police on apprehension of culprit who robbed the US Gas station.

CP McVey – Thanked CVP Fulper for his moving and accurate account. Hopes of improved enforcement going forward. Understood a canine was used and did an outstanding job. Would hope for a canine in the Town’s future, perhaps to be put in the Budget.

Attorney Wenner spoke to the incident regarding landlord/nuisance Ordinance with clarity in regard to the Police Dept. Adding disclosure of Police Report during an active/ongoing investigation cannot be released until concluded. Noted the incident had been referred to the County Prosecutor.

Councilman Fulper asked if it was standard to contact the County Prosecutor?

Attorney Wenner responded because of the nature of the incident.

12. PUBLIC PETITIONS

(Public Comments)

None

13. COUNCIL OPEN TIME

Cnclman Wyant – Stated when he was Mayor the Town had (2) Canines. He continued they are an absolute benefit and true asset in the apprehension of a suspect or location of missing person. He also congratulated Council President McVey and CVP Fulper.

Cnclwmn DeG – Stated looking forward to a Great Year!

Cnclmn Piazza – Stated he found it to be a greater challenge than expected during his first year on Council and as Council President. He pledged to do better in 2021. Also congratulated CP McVey and VP Fulper. experience, thanked residents for allowing him to work for the residents and vowed to do better in 2021.

VP Fulper thanked Randy Piazza, honor to work with all (4) council members. Despite Covid 19 pandemic, a lot accomplished. Recreation back on track parks upgrades – DJ Kophazy - excited about Pool for Town, kept tax rate flat. Commended Tax Collector Callery for her outstanding 96% intake rate. Kept promises – more business, developing with former Councilman Lutz, Councilman Piazza and CP McVey. More home ownership. Strive for 2021 – let’s get it done.

CP McVey – Congratulated Mayor on his appointments. Thanked Town employees especially Tax Collector Sandy Callery for her 96% intake rate; which is amazing. Wants to facilitate Zoom meetings quarterly – share duties as Councilmembers with residents. Wants to be as transparent as possible. Stated you elected us, we are here for you. Wants to do best he can for 2021. Stated this is his last year, but alerted Clerk Kleiner he will be running for re-election for Council in 2022.

15. ADJOURNMENT

Council VP Fulper moved to adjourn. The motion was seconded by Councilman Wyant. Adjourned at 8:07 pm.

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