The Township is currently looking for sponsors to donate new signs around town, including Welcome to Verona and Municipal Parking signs.

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1 Minutes of a Regular Meeting of the Verona Township Council on Monday, October 1, 2018 beginning at 7:00 p.m. in the Municipal Building, 600 Bloomfield Avenue, Verona, New Jersey. Call to Order: Municipal Clerk reads notice of Open Public Meetings law. The notice requirements of the Open Public Meetings Act have been satisfied with respect to this meeting; specifically, the time, date and location were included in the annual notice of meetings adopted by the governing body, posted in the Municipal Building, and sent to the official newspapers of the Township, the Verona Cedar Grove Times and the Star Ledger. Additionally, the agenda for this meeting was posted in the Municipal Building and sent to the two newspapers before 4:30 p.m. on the Friday preceding this meeting. Roll Call: Mayor Kevin Ryan; Deputy Mayor Michael Nochimson; Councilman Alex Roman, Councilman Ted Giblin and Councilman Jack McEvoy are present. Township Attorney Brian Aloia, Township Manager Matthew Cavallo and Municipal Clerk Jennifer Kiernan are also present.. Mayor Ryan leads the Pledge of Allegiance. Mayor s Report: Mayor Ryan calls Essex County Liaison Jay Coltre to the lectern. Mr. Coltre reports on various County events coming up, specifically the Essex County Hazardous Waste Collection on October 6. He reports that the County has completed some preemptive sealing on cracked streets in the County. The Turtle Back Zoo will hold its annual Trunk or Treat on October 31 from 4-8pm. Mayor Ryan reports that Junior Woman s Club s fifth annual Verona Fights Hunger Week will begin on October 14 and commence on October 20. He invites members present to the lectern and reads a proclamation. He reports that he and Councilman McEvoy attended Governor Murphy s conference announcing his economic plan for New Jersey. The Mayor states the plan is ambitious and is planned to entice companies to head quarter in New Jersey. Manager s Report: Bids for Solid Waste Collection Services were posted to BidNet. The scheduled Bid Opening Date is Tuesday, November 20. Full implementation of ParkMobile is expected by mid-october. On August 30, Governor sent a letter to President Trump requested an official Disaster Declaration for the August rainstorms. I urge all affected residents and business owners to reach out to our Federal Elected Officials to ask them to pledge their support for this declaration. The Township will be awarded silver level recognition and F.N. Brown School will be awarded bronze level recognition from the EZ-Ride/Safe Routes to Schools Coalition on October 18 at their Annual Recognition/35 th Anniversary Breakfast event. Beginning today, Planning Board and Zoning Board of Adjustment Meetings are now being posted to the Township s YouTube Channel and broadcast on VTV. We have a new wide-angle camera in the Community Center Ballroom that allows the entire dais to be viewed at the same time. We also recently upgraded the meeting sound system in the Ballroom so the audio quality during meetings is improved. The Township is currently looking for sponsors to donate new signs around town, including Welcome to Verona and Municipal Parking signs. The Fairview Avenue well is still out of service. Bid were accepted on September 27 and the award is on tonight s agenda. The northern Trickling Filter is still out of service. Mott MacDonald is working to complete the design work needed to fix the filters. Durrell Street and Brentwood Road Reconstruction Project will began today. New curbs were 1

2 installed on Clover Lane and we are waiting the Morris County Vendor, Tilcon, to return to pave the street. Several new signs will be popping up around Town. These signs were purchased as part of a grant for pedestrian safety. Additionally, the Verona Police Officers have been conducting several Crosswalk Pedestrian Safety Campaigns throughout the month of September as part of this grant. The Township has purchased two (2) LED STOP Signs. They are currently on Pease Avenue at Montrose. They are not permanent to that location. They will be relocated around the Town to areas where additional enforcement may be needed. The Township was rated 28 th Safest Municipality in New Jersey by SafeWise again this year. In regards to Shared Services, the Borough of Caldwell Council will be accepting our proposal to street sweep the Borough Streets once per month. Once accepted, we will begin providing this service immediately. Street sweeping will not take place in Caldwell when their leaf pickup program begins mid-month. If the weather permits, there will be a final street sweep of Caldwell mid-december. Three new storage sheds were installed at the Hilltop for the four (4) sport organizations to store their equipment. The sheds are located at the end of Freedom Field. The Township Manager tells the public that if a member of their household rely on electricity to operate life-sustaining equipment, such as a respirator or dialysis machine, it is important to notify PSE&G. Registration for this program is available through a Link on the Township webpage. The Eric Mortenson Scholarship Fund Committee proudly announces that the Fall Golf Tournament will again be played at Montclair Golf Club on October 9 and will be the primary fundraiser for the annual Eric Mortenson Memorial Scholarship which is presented each year at Verona High School. Registration forms are available on the Township website. The 5 th Annual Verona Fights Hunger Week will kick off on Sunday October 14 and runs through October 20. Representatives of the Verona Junior Woman s Club will be attending the meeting on Monday night to promote the event. More information is available through the Township webpage or on the Verona Junior Woman s Club webpage and Facebook page. On Sunday, October 14 from 1:30 to 3:30 p.m., the American Foundation for Suicide Prevention will hold a fundraising walk in Verona Park to fight suicide. People can register to walk as individuals or teams at The latest statistics from the National Fire Protection Association (NFPA) show that if you have a reported fire in your home, you are more likely to die today than you were a few decades ago. This startling statistic is behind this year s Fire Prevention Week theme: Look. Listen. Learn. Be aware - fire can happen anywhere. Fire Prevention Week takes place October 7-13, Through three simple calls-to-action, this year s theme identifies basic but essential ways people can reduce their risk to fire and be prepared in the event of one: Look for places fire can start. Listen for the sound of the smoke alarm. Learn two ways out of each room. Almost all the water meters throughout the entire town have been replaced. We have less than 50 meters left. DPW is replacing these meters in-house. Anyone who has still not replaced their meter will receive notification in the upcoming weeks to have their meter changed. Anyone wishing to schedule an appointment please call DPW at Night and weekends are available for residents who cannot be home during the day. The Leaf Dump opened on Saturday, September 29 from 8:30 a.m. to 3:30 p.m. It will be open on Saturdays at the same time, Sundays from 12 noon to 3 p.m. and Wednesdays from 8 a.m. to 3 p.m. through Sunday, December 16. Electronic Recycling will be at the Town Garage on Friday, October 12 and Saturday, October 13 from 8 a.m. to 3 p.m. 2

3 The County will be hosting their annual Used Tire Recycling event on Saturday, October 27 from 9 a.m to 1 p.m. at the Essex County DPW-Cedar Grove Facility, 99 West Bradford. The Verona Department of Community Services and the Montclair Health Department will be hosting a Flu Shot Clinic next Thursday, October 11 from 3 p.m. to 5 p.m. at the Verona Community Center. The cost of the shots are free for Medicare Part B recipients and $20 for Medicare HMO and private insurance recipients. The semiannual Verona Family Night, a Scheduled Night to be free of schedules and homework, will be held Thursday, October 18. Families are encouraged to enjoy quality time with each other that night. Local restaurants and eateries offer special discounts for families who do not want to cook at home on Family Night. Printed copies are available at the Verona Library, Community Center and Town Hall. The 2 nd Annual Downtown Trick or Treat event will be held on October 31, 2 p.m. to 4 p.m. Children and parents are encouraged to don the costumes and visiting the businesses along the Avenue. On Monday, October 22 at 7:30 p.m. in the Community Center Ballroom, we will be holding an open Town Hall meeting with the Verona business community to listen to their concerns, complaints, and grievances with the Town and their suggestions on how to remedy them. Present will be the Township Manager, Steve Neale, Chief Kiernan, Tom Jacobsen and Rick Neale. Tuesday, October 16 th at 4:00 p.m. is the last day Voters Registration forms can be submitted to the Municipal Clerk for the November 6 General Election. The Township Manger informs the public of upcoming dates to remember: Church of the Holy Spirit Celebration of Pets on Sunday, October 7; VHS Food Truck Festival on Sunday, October 7; Verona Park Conservancy Park Cleanup on Saturday, October 13 from 9 a.m. to 11 a.m.; Green Fair & Open Street s Festival on Saturday, October 13 from 11 a.m. to 4 p.m.; Woman s Club Townwide Garage Sale on Saturday, October 20; the High School Marching Band Competition on October 27 and the Fair in the Square on Saturday, December 1. Municipal Offices will be closed on Monday, October 8 in observance of Columbus Day. The Township Manager invites Steven Neale to the lectern. Mr. Neale reports that he received good feedback from the Township s first Restaurant Week. He thanks Ariane Kitchen & Bar, Thai Elephant, Avenue Bistro, Empanada Lady, Frank Anthony s, Grimaldi s, Miele s, Salugo, Tia s Catering, Zafferon Grill, Blue Hippo and Green Point Juicery for participating. Mr. Cavallo reports that ordinance , an ordinance to create a mandatory set-aside for affordable housing with the Township s Code was introduced by a unanimous vote during the September 17 meeting of the governing body and referred to the Planning Board to determine its consistency with the Master Plan. The Planning Board affirmed its consistency at its September 27 meeting. Therefore, the public hearing on ordinance will take place at the October 15 meeting of the governing body. Councilmember s Reports: Deputy Mayor Nochimson announces that October is Breast Cancer Awareness Month. He comments on the road-sealing program and states it is common sense program to save money. Mayor Ryan states that the Township Engineer does not agree with that theory and that there is currently no money for that program in this year s budget and therefore it is a moot point until the next budget cycle, when there can be discussion to include it in a line item. Councilman Roman reports that in regards to the energy audits currently being performed by PSEG for the Township add a lot of value in the long run, but acknowledges there is more work to do. He is looking forward to PSEG s proposals and discussing their audit report. Councilman McEvoy announces that the Historical Preservation Commission has an opening for a Class A member. Anyone interested must have knowledge in building design and expertise. The Neighborhood Traffic & Safety Commission met last week. There was a discussion about parking near schools as well as speeding. He states many parents/guardians 3

4 driving children to school park too close to corners thereby blocking the line of sight of cars pulling out and more importantly, children crossing the street. The Committee talked to the police department, who will patrol and ticket offenders. He reminds residents that the Drive Like Your Kids Live Here means slow down. The Councilman reports he received concerns from residents about the excessive heat in the gym in the Community Center. When the gym was constructed, an air conditioning system was not installed. He suggests an exhaust fan be installed. The Lions Club is holding their annual 50/50 raffle. Tickets are $10. Councilman Giblin states that Verona Sports Swap held in August raised $1,000 for the Children s Fund. All left over items were donated to the US War Veterans & Vailsburg Little League in Newark. He points out that the two (2) public bathrooms in the Municipal Building are in need of an overhaul. ORDINANCE No CAPITAL ORDINANCE APPROPRIATING $98,000 FROM CAPITAL SURPLUS FOR VARIOUS IMPROVEMENTS, EQUIPMENT AND REPAIRS BY THE TOWNSHIP OF VERONA, COUNTY OF ESSEX, STATE OF NEW JERSEY The Municipal Clerk reads Ordinance No by title into record. Public Hearing: None Motion to adopt Ordinance No is moved by Mayor Ryan; seconded by Councilman Giblin. Roman, Giblin, McEvoy, Nochimson, Ryan Ordinance No is adopted 5-0 and will be published according to law. ORDINANCE No CAPITAL ORDINANCE APPROPRIATING $80,000 FROM THE GENERAL CAPITAL IMPROVEMENT FUND FOR THE PURCHASE OF A FRONT END LOADER BY THE TOWNSHIP OF VERONA, IN THE COUNTY OF ESSEX, NEW JERSEY The Municipal Clerk reads Ordinance No by title into record. Motion for introduction of Ordinance No is moved by Mayor Ryan; seconded by Councilman Roman. Roman, Giblin, McEvoy, Nochimson, Ryan Ordinance No is approved 5-0 and will be published according to law and a public hearing will be held on October 15, ORDINANCE No WATER AND SEWER UTILITY CAPITAL ORDINANCE APPROPRIATING $80,000 FROM THE CAPITAL IMPROVEMENT FUND FOR THE PURCHASE OF A FRONT END LOADER BY THE TOWNSHIP OF VERONA, IN THE COUNTY OF ESSEX, NEW JERSEY The Municipal Clerk reads Ordinance No by title into record. 4

5 Motion for introduction of Ordinance No is moved by Councilman McEvoy; seconded by Councilman Roman. Roman, Giblin, McEvoy, Nochimson, Ryan Ordinance No is approved 5-0 and will be published according to law and a public hearing will be held on October 15, RESOLUTION No RATIFYING THE COLLECTIVE BARGAINING AGREEMENT WITH OPEIU LOCAL 153, AFL-CIO WHEREAS, the Administration has been successful in reaching a settlement in contract negotiations with Office & Professional Employees International Union (OPEIU), Local 153, AFL- CIO; and WHEREAS, the parties have reduced the terms of the settlement to a Memorandum of Agreement, a copy of which is attached hereto and incorporated herein by reference; and WHEREAS, this Memorandum of Agreement has been ratified by the rank and file of OPEIU Local 153, AFL-CIO and sets forth the terms and conditions of employment as well as all privileges, benefits and salaries to be embodied in a collective bargaining agreement for the period commencing January 1, 2017 through December 31, 2021; Verona, in the County of Essex, New Jersey that it hereby ratifies the attached Memorandum of Agreement and authorizes the Township Manage and Township Clerk to execute a collective bargaining agreement with OPEIU Local 153, AFL-CIO for the period January 1, 2017 through December 31, 2021 that embodies the terms and conditions of employment as well as all privileges, benefits and salaries as set forth in the attached Memorandum of Agreement. RESOLUTION No AUTHORIZING PARTICIPATION IN THE NEW JERSEY AGENCY FOR SURPLUS PROPERTY PROGRAM WHEREAS, the Federal Surplus Personal Property Donation Program enables certain nonfederal organizations to obtain personal property that the federal government no longer needs; and WHEREAS, the General Services Administration (GSA) Order FSS P provides procedures for the donation of federal surplus personal property, consistent with the provisions of the Federal Property and Administrative Services Act of 1949, 63 Stat. 377 as amended and other applicable laws; and WHEREAS, eligibility may be granted to any State Department, Division, Bureau or Agency; any City or Town government; or any other governmental entity or public agency established by or pursuant to State Law; except that eligibility may not be granted to individual subordinate programs or divisions of a governmental entity where the parent entity has established eligibility; and 5

6 WHEREAS, an application for eligibility by a public agency shall be approved by a resolution adopted by a majority of the full membership of the governing body of a local unit prior to the transmittal of any such application of any such program. NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Verona, County of Essex, State of New Jersey does hereby authorize and approve submittal of an application the Federal Surplus Personal Property Donation Program established by the United States General Services Administration. BE IT FURTHER RESOLVED that the Township Manager and the Township Clerk are hereby authorized to make application for the enrollment on behalf of the Township of Verona. BE IT FURTHER RESOLVED that the Township Manager is here by authorized to approve the acquisition of any property deemed appropriate under this agreement. RESOLUTION No APPROVAL TO SUBMIT A GRANT APPLICATION AND EXECUTE A GRANT CONTRACT WITH THE NEW JERSEY DEPARTMENT OF TRANSPORTATION FOR THE RECONSTRUCTION OF LYNWOOD ROAD NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Verona formally approves the grant application for the above stated project. BE IT FURTHER RESOLVED that the Township Manager and Township Clerk are hereby authorized to submit an electronic grant application identified as MA-2019 Reconstruction of Lynwood Road to the New Jersey Department of Transportation on behalf of the Township of Verona. BE IT FURTHER RESOLVED that the Township Manager and Township Clerk are hereby authorized to sign the grant agreement on behalf of the Township of Verona and that their signature constitutes acceptance of the terms and conditions of the grant agreement and approves the execution of the grant agreement. RESOLUTION No APPROVAL TO SUBMIT A GRANT APPLICATION AND EXECUTE A GRANT CONTRACT WITH THE NEW JERSEY DEPARTMENT OF TRANSPORTATION FOR THE RECONSTRUCTION OF FOREST AVENUE NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Verona formally approves the grant application for the above stated project. BE IT FURTHER RESOLVED that the Township Manager and Township Clerk are hereby authorized to submit an electronic grant application identified as MA Forest Avenue Reconstruction of Forest Avenue to the New Jersey Department of Transportation on behalf of the Township of Verona. 6

7 BE IT FURTHER RESOLVED that the Township Manager and Township Clerk are hereby authorized to sign the grant agreement on behalf of the Township of Verona and that their signature constitutes acceptance of the terms and conditions of the grant agreement and approves the execution of the grant agreement. RESOLUTION No ACCEPTING THE BID AND AWARDING THE CONTRACT FOR IMPROVEMENTS TO THE POST AERATION SYSTEM AT THE WASTEWATER TREATMENT PLANT CONTACT NO WHEREAS, on September 27, 2018, the Township of Verona received bids for the Improvements to the Post Aeration System at the Wastewater Treatment Plant Contract No ; and WHEREAS, JEV Construction, LLC, 116 W. Main Street, 2 nd Floor, Clinton, New Jersey was the lowest responsive and responsible bidder in the required amount of $216,000.00; and WHEREAS, James M. McGoldrick, P.E, Senior Project Manager from Mott MacDonald has reviewed the bid submitted by JEV Construction and has recommended the award of the contract. WHEREAS, funds are available in Ordinance 9-11B (Account No. C ) and have been certified by the Chief Financial Officer. This expenditure may also be charged to any other account which may be deemed appropriate by the Chief Financial Officer or his designee. Verona, in the County of Essex, New Jersey that the bid of JEV Construction, LLC, 116 W. Main Street, 2 nd Floor, Clinton, New Jersey be accepted and it be awarded Contract No in the required contract amount of $216, BE IT FURTHER RESOLVED that this expenditure shall be charged against Ordinance 9-11B (Account No. C ) or any other account that may be deemed appropriate by the Chief Financial Officer or his designee, and the availability of funds has been certified by the Chief Financial Officer. RESOLUTION No ACCEPTING THE BID AND AWARDING THE CONTRACT FOR FAIRVIEW AVENUE WELL PUMP REPLACEMENT PROJECT CONTACT NO WHEREAS, on September 27, 2018, the Township of Verona received bids for the Improvements to the Fairvie Avenue Well Pump Replacement Project Contract No ; and WHEREAS, Uni-Tech Drilling Co., Inc., P.O. Box 407, Franklinville, New Jersey was the lowest responsive and responsible bidder in the required amount of $91,242.00; and WHEREAS, James M. McGoldrick, P.E, Senior Project Manager from Mott MacDonald has reviewed the bid submitted by Uni-Tech Drilling Co., Inc. and has recommended the award of 7

8 the contract. WHEREAS, funds are available in Ordinance (Account No. C ) and have been certified by the Chief Financial Officer. This expenditure may also be charged to any other account which may be deemed appropriate by the Chief Financial Officer or his designee. Verona, in the County of Essex, New Jersey that the bid of Uni-Tech Drilling Co., Inc., P.O. Box 407, Franklinville, New Jersey be accepted and it be awarded Contract No in the required contract amount of $91,242.00; and BE IT FURTHER RESOLVED that this expenditure shall be charged against Ordinance (Account No. C ) or any other account that may be deemed appropriate by the Chief Financial Officer or his designee, and the availability of funds has been certified by the Chief Financial Officer. RESOLUTION No AUTHORIZING AN EMERGENCY AGREEMENT WITH ACCURATE WASTE SYSTEMS WHEREAS, the Local Public Contracts Law permits the award of emergency contracts pursuant to N.J.S.A. 40A:11-6, subject to certain criteria; and WHEREAS, the Township of Verona operates Class 3 sanitary sewer collection system throughout the municipality; and WHEREAS, increased flow at the Wastewater Treatment Plant and overflow of the sanitary collection system at several access ports in low lying areas during recent precipitation events has led the Township to opine the existence of root intrusion throughout the sanitary lines causing partial blockages in the system; and WHEREAS, this condition constitutes an emergency affecting the immediate health, safety, and/or welfare of the residents of the Township; and WHEREAS, the work is being completed by the company which specializes in cleaning, cutting and inspecting sanitary sewer collection systems; and WHEREAS, the Superintendent of Public Works informed the Township Manager that the emergency existed on September 27, 2018; and WHEREAS, the emergency services to be utilized to accomplish the required repairs are set forth in the attached proposal. Verona, in the County of Essex, New Jersey approve and confirm the emergency contract award to Accurate Waste Systems, Inc. for the Sanitary Sewer Collection System Emergency Cleaning & Video Inspection at an estimated cost of $48,150.00, pursuant to N.J.S.A. 40A:11-6 as provided in the attached proposal. 8

9 RESOLUTION No REFUND TAX COURT JUDGMENT WHEREAS, notification has been received from the Tax Court reducing the assessment on property located at 104 Elmwood Road owned by Ronald Cassel, Block 906 lot 25 as follows: Year Assessment Reduced Tax Rate Refund , Total Refund $ NOW, THEREFORE, BE IT RESOLVED, that the Chief Financial Officer and Tax Collector be authorized to refund $ to: Ronald Cassel 104 Elmwood Road Verona, NJ RESOLUTION No AUTHORIZING THE SETTLEMENT AND EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH POEKEL PROPERTIES, LLC WITH REGARD TO DOCKET NO. ESX-L WHEREAS, the Township of Verona (the Township ) has historically participated in the administrative affordable housing compliance process overseen by the New Jersey Council on Affordable Housing ( COAH ), and has received substantive certification for the Prior Round ( ); and WHEREAS, since 1999, COAH has failed to adopt constitutionally compliant Third Round Rules that have withstood judicial scrutiny; and WHEREAS, on March 10, 2015, the New Jersey Supreme Court issued a decision in the case entitled In re Adoption of N.J.A.C. 5:96 and 5:97 ex rel. New Jersey Council on Affordable Housing, 221 N.J. 1 (2015), whereby the Court terminated COAH s jurisdiction to administer and approve municipalities affordable housing plans, determined that trial courts would reassert primary jurisdiction over the same, and directed interested municipalities to petition the Court for immunity while constitutionally compliant housing plans were prepared; and WHEREAS, in compliance with the New Jersey Supreme Court decision in In re Adoption of N.J.A.C. 5:96 & 5:97 by N.J. Council on Affordable Housing, 221 N.J. 1 (2015), on or about July 7, 2015, the Township filed an action with the Superior Court of New Jersey, entitled In the Matter of the Application of the Township of Verona, a municipal corporation of the State of New Jersey, Docket No. ESX-L (the Township s DJ Action ), seeking a Judgment of Compliance and Repose approving its Fair Share Plan, in addition to related reliefs; and WHEREAS, on or about May 10, 2017, Poekel Properties, LLC filed a motion to intervene in the Compliance Action ( Poekel Intervention ) and the Court granted such intervention on May 26, 2015; and WHEREAS, Poekel is the owner of the approximately 2.7-acre real property designated 9

10 as Block 2301, Lots 17 & 18 according to the Township s tax and assessment maps and commonly known as 860 Bloomfield Avenue (the Property ); and WHEREAS, the Township intends to prepare a housing element and fair share plan (the Affordable Housing Plan ), which will be adopted by the Township of Verona Planning Board (the Planning Board ), endorsed by the Township Council, and submitted to the Court for review and approval; and WHEREAS, the Affordable Housing Plan will include the Property as the site of an inclusionary development at a density of approximately 46 rental units, including a 20% set-aside for units to be affordable to very low, low and moderate income households, together with approximately 6,395 square feet of commercial space and other site improvements (collectively, the Inclusionary Development ); and WHEREAS, the Township will seek the Court s approval of the Affordable Housing Plan in connection with the Compliance Action and, regardless of the Court s approval or disapproval of the Affordable Housing Plan and the ultimate disposition of the Compliance Action, the Parties intend to be bound by this Agreement, provided that this Agreement is approved by the Court; and WHEREAS, Poekel is amenable to fully and finally resolving the Poekel Intervention premised upon securing the right to construct the Inclusionary Development on the Property; and WHEREAS, to ensure that the Inclusionary Development generates affordable housing credits to be applied to the Township s Third Round affordable housing obligations, the affordable units within the Inclusionary Development shall be developed in accordance with the New Jersey Council on Affordable Housing ( COAH ) prior round regulations, the Uniform Housing Affordability Controls, N.J.A.C. 5: et seq. ( UHAC ), and any and all other applicable law, and said Inclusionary Development shall be deed restricted for a period of at least thirty years; and WHEREAS, the Parties wish to enter into this Agreement, setting forth the terms, conditions, responsibilities and obligations of the Parties, and seek the Court s approval of this Agreement at a Fairness Hearing in accordance with the requirements of Morris County Fair Housing Council v. Boonton Township, 197 N.J. Super. 359, 364 (Law Div. 1984), aff'd o.b., 209 N.J. Super. 108 (App. Div. 1986) and East/West Venture v. Borough of Fort Lee, 286 N.J. Super. 311, 328 (App. Div. 1996), and that, in order to approve this Agreement, the Court must find that it adequately protects the interests of lower-income persons for whom the affordable units proposed by this Agreement are to be built; and WHEREAS, if the Court approves this Agreement at the Fairness Hearing, the Parties anticipate that the Court will provide a period of time, which they approximate will be 120 days, for the Township to adopt an implementing ordinance and/or the actions necessary for the effectuation of the Inclusionary Development as an as-of-right development. WHEREAS, the Township and Poekel wish to enter into this Memorandum of Understanding to memorialize general terms for the development of the Project, with additional and more specific terms and conditions of said development to be further negotiated and agreed to in additional agreements, including a formal settlement agreement to be filed with the Court in connection with the Compliance Action. Verona, in the County of Essex, New Jersey hereby authorizes the Township Manager and the Township Clerk to execute a Memorandum of Understanding with Poekel. RESOLUTION No

11 AUTHORIZING THE SETTLEMENT AND EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH SPECTRUM 360 WITH REGARD TO DOCKET NO. ESX-L WHEREAS, the Township of Verona (the Township ) has historically participated in the administrative affordable housing compliance process overseen by the New Jersey Council on Affordable Housing ( COAH ), and has received substantive certification for the Prior Round ( ); and WHEREAS, since 1999, COAH has failed to adopt constitutionally compliant Third Round Rules that have withstood judicial scrutiny; and WHEREAS, on March 10, 2015, the New Jersey Supreme Court issued a decision in the case entitled In re Adoption of N.J.A.C. 5:96 and 5:97 ex rel. New Jersey Council on Affordable Housing, 221 N.J. 1 (2015), whereby the Court terminated COAH s jurisdiction to administer and approve municipalities affordable housing plans, determined that trial courts would reassert primary jurisdiction over the same, and directed interested municipalities to petition the Court for immunity while constitutionally compliant housing plans were prepared; and WHEREAS, in compliance with the New Jersey Supreme Court decision in In re Adoption of N.J.A.C. 5:96 & 5:97 by N.J. Council on Affordable Housing, 221 N.J. 1 (2015), on or about July 7, 2015, the Township filed an action with the Superior Court of New Jersey, entitled In the Matter of the Application of the Township of Verona, a municipal corporation of the State of New Jersey, Docket No. ESX-L (the Township s DJ Action ), seeking a Judgment of Compliance and Repose approving its Fair Share Plan, in addition to related reliefs; and WHEREAS, by Order dated May 12, 2017, SPECTRUM 360, LLC ( Spectrum and, collectively with the Township, the Parties ), a non-profit entity that operates schools and serves children, adolescents, young adults, and adults on the autism spectrum and with behavioral and related disabilities, was granted leave to intervene in the DJ Action as an interested party owning certain property located in the Township commonly known as One Sunset Avenue and otherwise designated as Block 13, Lot 4 on the Township s official Tax Map (the Property ); and WHEREAS, the Property consists of approximately eight (8) acres, with approximately 5.5 acres situated in the Township and the remaining approximate 2.5 acres located in the Town of Montclair; and WHEREAS, Spectrum currently utilizes the Property as a campus for its Lower School and has a need to expand the Lower School to develop a career education/vocational wing for older students, but lacks adequate space on the Property for the planned expansion; and WHEREAS, given Spectrum s inability to expand its existing Lower School on the Property, it desires to sell the Property for a developer who will construct a multifamily inclusionary development on the Property; and WHEREAS, Spectrum prepared concept plans that are representative of the type of proposed project, depicting a maximum six (6) stories including parking, which accommodates approximately 300 residential units (the Project ); and WHEREAS, Spectrum and the Township engaged in amicable negotiations and have agreed upon the general terms for Project, which will have an inclusionary affordable housing component; and WHEREAS, Spectrum is currently engaged in a competitive selection process with several developers who desire to purchase the Property and construct the Project; and WHEREAS, to ensure that the Inclusionary Development generates affordable housing units that can be credited to the Township s Third Round affordable housing obligations, the affordable units within the Inclusionary Development shall be developed in accordance with the New Jersey Council on Affordable Housing ( COAH ) prior round regulations, the Uniform Housing Affordability Controls, N.J.A.C. 5: et seq. ( UHAC ), the terms of the Settlement 11

12 Agreement with Fair Share Housing Center in In the Matter of the Township of Verona, Docket No. ESX-L , and any and all other applicable law, and said Inclusionary Development shall be deed restricted as such for a period of at least thirty years and thereafter until the municipality takes action to release the restrictions; and WHEREAS, the Parties wish to enter into this Agreement, setting forth the terms, conditions, responsibilities and obligations of the Parties, and seek the Court s approval of this Agreement at a Fairness Hearing in accordance with the requirements of Morris County Fair Housing Council v. Boonton Township, 197 N.J. Super. 359, 364 (Law Div. 1984), aff'd o.b., 209 N.J. Super. 108 (App. Div. 1986) and East/West Venture v. Borough of Fort Lee, 286 N.J. Super. 311, 328 (App. Div. 1996), and that, in order to approve this Agreement, the Court must find that it adequately protects the interests of lower-income persons for whom the affordable units proposed by this Agreement are to be built; and WHEREAS, if the Court approves this Agreement at the Fairness Hearing, the Parties anticipate that the Court will provide a period of time, which they approximate will be 120 days, for the Township to adopt an implementing ordinance (the Ordinance ) and/or the actions necessary for the effectuation of the Inclusionary Development as an as-of-right development. WHEREAS, the Township and Spectrum wish to enter into this Memorandum of Understanding to memorialize general terms for the development of the Project, with additional and more specific terms and conditions of said development to be further negotiated and agreed to in additional agreements, including a formal settlement agreement to be filed with the Court in connection with the Compliance Action. Verona, in the County of Essex, New Jersey hereby authorizes the Township Manager and the Township Clerk to execute a Memorandum of Understanding with Spectrum 360. RESOLUTION No PERMITTING ITEMS TO BE DISCUSSED IN EXECUTIVE SESSION WHEREAS, Section 8 of the Open Public Meetings Act, Chapter 231, P.L. 1975, permits the exclusion of the Public from a meeting in certain circumstances; and WHEREAS, this public body is of the opinion that such circumstances presently exists. Verona, County of Essex, State of New Jersey, as follows: 1. The public shall be excluded from discussion of an action upon the hereinafter specified subject matter. 2. The general nature of the subject matter to be discussed is as follows: a. Pending Litigation pursuant to N.J.S.A. 10:4-12 (7) i. Docket No. ESX-L ii. September 24, 2018 correspondence from Becker & Poliakoff, LLP b. Personnel Matters pursuant to N.J.S.A. 10:4-12 (8) Employee c. Purchase, Lease or Acquisition of Real Property pursuant to N.J.S.A. 10:4-12 (5) 3. It is anticipated at this time that the above stated subject matter will be made public when said subject has been fully discussed by the Council, and the attorney rules this matter may be brought before the public without jeopardizing any pending litigation. 12

13 4. This resolution shall take effect immediately. The Municipal Clerk submits the 2 nd Quarter Raffle Report to the Governing Body. Public Participation: Adjournment: Gerry Shimonaski, 33 Kenwood Avenue, Verona, New Jersey Richard Aloia, 37 Malvern Place, Verona, New Jersey Al De Old, 15 Howard Street, Verona, New Jersey Jessica Pearson, 20 Montclair Avenue, Verona, New Jersey Susan DeWitt, 2 Halstead Street, Verona, New Jersey Council goes into Executive Session at 8:54 p.m. Motion to adjourn the public meeting at 9:56 p.m. is moved by Mayor Ryan; seconded by Councilman Giblin. Vote: 5 ayes. The next regular scheduled meeting is October 15, 2018 at 7:00 p.m. Respectfully submitted, Jennifer Kiernan Jennifer Kiernan, Municipal Clerk Kevin Ryan Kevin Ryan, Mayor APPROVED: October 15,