Minutes of a Regular Meeting of the Verona Township Council on Monday, June 25, 2018 beginning at 7:00 p.m. in the Municipal Building, 600 Bloomfield Avenue,. 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 and Councilman Jack McEvoy are present. Township Manager Matthew Cavallo, Township Attorney Brian Aloia, and Municipal Clerk Jennifer Kiernan are also present. Councilman Ted Giblin is not present this evening. Mayor Ryan leads the Pledge of Allegiance and a moment of silence for Essex County Undersheriff Kevin J. Ryan. Mayor s Report: Mayor Ryan invites Essex County Liaison Jay Coltre to the lectern. Mr. Coltre states that the Essex County Parks Department will hold a concert featuring Julian and Dominique in Verona Park this Wednesday. The County is addressing the issues with the new playground in Verona Park, specifically, the slides that appear to heat up in the sun. The County will put a canopy over the slides. Mayor Ryan states that the first of five of this year s Summer Concert Series will be held in the Civic Center on July 11. Manager s Report: Mr. Cavallo states that the Fairview Avenue Well, which was originally installed in 2004, has been out of service for over a month. Bid specifications are currently being assembled. Estimated tax bills were printed and residents can expect to receive them within the next 10 days. Payment is due to the Township by August 1. Mr. Cavallo reports that we are waiting for start dates on the Durrell Street and Brentwood Road Reconstruction projects. The contract was awarded last year. The Morris County Cooperative is expected to begin the project on or around July 16. A map and list of roads to be paved has been posted on the Township website. Paving should be completed by the first week in August. Municipal Offices will be closed on July 4 in observance of Independence Day. The Township will be holding a Movie Night Under the Stars on Thursday, August 16. This year s movie is Moana. Mr. Cavallo makes the following appointments to the Environmental Commission with terms effective July 1, 2018: Jessica Pearson, Regular Member, term expiring on 6/30/2021; Walter Steinmann, Regular Member, term expiring on 6/30/2021; Frank Ceccacci, Alternate #1 Member, term expiring on 6/30/2020; Michael Auteri, Alternate #2 Member, term expiring on 6/30/2019; Gloria Machnowski, Chairperson, term expiring on 6/30/2019. Councilmember s Reports: Deputy Mayor Nochimson states that the flower baskets on the avenue look good, but there are weeds around the lampposts that need to be removed. He states that people are crossing Bloomfield Avenue at the Verona Inn in the evenings, which appears to be very dangerous. He requests the police department warn people to cross at the corner. 1
Councilman Roman attended the VHS Class of 2018 graduation along with three other council members. He wished the Class of 2018 the best. The Councilman states that job openings for the wastewater treatment plant are posted on the Township website. Councilman McEvoy congratulates the VHS Class of 2018. He comments that the VHS Marching Band adds so much to all the high school events. He shares with the Deputy Mayor s concern with people crossing Bloomfield Avenue at the Verona Inn. He encourages all business owners to put signs warning people not to cross between corners. ORDINANCE # 2018-12 AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY LOCATED AT 25 COMMERCE COURT AND IDENTIFIED ON THE TAX MAPS AS BLOCK 1201, LOT 3.01 FOR PUBLIC USE Township Attorney Brian Aloia states that this ordinance, along with ordinance 2018-13 allow the acquisition of properties located at 25 Commerce Court and 111 Mount Prospect Avenue in the Township. As listed on the agenda, both ordinances are being held in abeyance while ongoing discussion ensues regarding COAH matters to be resolved before consideration of these ordinances. ORDINANCE # 2018-13 AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY LOCATED AT 111 MOUNT PROSPECT AVENUE AND IDENTIFIED ON THE TAX MAPS AS 501, LOT 83 FOR PUBLIC USE Township Attorney Brian Aloia states that this ordinance, along with ordinance 2018-13 allow the acquisition of properties located at 25 Commerce Court and 111 Mount Prospect Avenue in the Township. As listed on the agenda, both ordinances are being held in abeyance while ongoing discussion ensues regarding COAH matters to be resolved before consideration of these ordinances. ORDINANCE NO. 2018-21 WATER AND SEWER UTILITY CAPITAL ORDINANCE APPROPRIATING $175,000 FROM CAPITAL SURPLUS FOR THE REHABILITATION OF THE FAIRVIEW WELL BY THE TOWNSHIP OF VERONA, IN THE COUNTY OF ESSEX, NEW JERSEY The Municipal Clerk reads Ordinance No. 2018-21 by title into record. Township Manager, Matthew Cavallo states that this ordinance is a fully funded capital ordinance, and must be enacted immediately, due to the severity of the situation. Resolution J-1 on the agenda allows for the 20-day estoppel to be waived. Public Hearing: None. Council Discussion: None. Motion to adopt Ordinance No. 2018-21 is moved by Deputy Mayor Nochimson; seconded by Councilman McEvoy. AYES: Roman, McEvoy, Nochimson, Ryan Ordinance No. 2018-21 is adopted 4-0 and will be published according to law. ORDINANCE NO. 2018-22 2
CAPITAL ORDINANCE APPROPRIATING $880,000 FROM CAPITAL SURPLUS FOR VARIOUS ROADWAY, CURB, AND WALKWAY IMPROVEMENTS BY THE TOWNSHIP OF VERONA, IN THE COUNTY OF ESSEX, NEW JERSEY The Municipal Clerk reads Ordinance No. 2018-22 by title into record. Public Hearing: None. Council Discussion: None. Motion to adopt Ordinance No. 2018-22 is moved by Councilman Roman; seconded by Mayor Ryan. AYES: Roman, McEvoy, Nochimson, Ryan Ordinance No. 2018-22 is adopted 4-0 and will be published according to law. Municipal Clerk Jennifer Kiernan reads a statement certifying the number of valid signatures of a petition submitted to rescind Ordinance No. 2018-18. Township Attorney Brian Aloia explains that in regards to a petition to rescind an ordinance, the Council shall adopted an ordinance to rescind the original ordinance within 20 days upon certification or the matter goes to the voters to decide in a special election. From a timing perspective, an ordinance must be adopted by July 13. However, the only scheduled meeting of the governing body is July 9. By statute, there must be 10 days between the publication of the introduction of the ordinance and the public hearing. Therefore, the Township Attorney recommends the council approve on first reading, the repealing of ordinance 2018-18 this evening, allowing for a scheduled second reading at the July 9 meeting and give the council time to consider the matter and how best to proceed. The Township Manager states that a special election would cost the Township over $27,000.00 ORDINANCE NO. 2018-23 REPEALING ORDINANCE NO. 2018-18 The Municipal Clerk reads Ordinance No. 2018-23 by title into record. Motion for introduction of Ordinance No. 2018-23 is moved by Mayor Ryan; seconded by Deputy Mayor Nochimson. AYES: Roman, McEvoy, Nochimson, Ryan Ordinance No. 2018-23 is approved 4-0 and will be published according to law and a public hearing will be held on July 9, 2018. RESOLUTION No. 2018-84 DECLARING AN EMERGENCY FOR PURPOSES AUTHORIZING THE IMMEDIATE ENACTMENT OF ORDINANCE #2018-21 WHEREAS, N.J.S.A. 40:69A-181 permits the waiver of the 20-day estoppel period for the enactment of ordinances upon the adoption of a resolution, by at least two-thirds majority of the Council affirmatively concurring, declaring that an emergency exists necessitating the immediate enactment of the ordinance; and WHEREAS, an emergency has arisen affecting the health, safety or welfare of the citizens of the Township of Verona specifically the failure of the Fairview Avenue Well; and 3
WHEREAS, in the opinion of the Township s professionals, it is necessary to immediately bid the rehabilitation of the Fairview Avenue Well; and WHEREAS, immediate enactment of Ordinance #2018-21 is needed as said ordinance will provide for the rehabilitation of the Fairview Avenue Well. Verona, in the County of Essex, State of New Jersey, that an emergency exists as detailed herein for which waiving the 20-day estoppel period for enactment or Ordinance #2018-21 is warranted and justified. BE IT FURTHER RESOLVED that Ordinance #2018-21 shall take effect immediately upon final adoption. RESOLUTION No. 2018-85 APPROVAL OF PLENARY RETAIL DISTRIBUTION LIQUOR LICENSE RENEWALS WHEREAS, the submitted renewal application forms are complete in all respects and the applicants are qualified to be licensed according to all standards established by N.J.S.A. 33 and regulations promulgated thereunder, as well as pertinent local ordinances and conditions consistent with Title 33; and WHEREAS, the following licensees have obtained a Tax Clearance Certificate from the New Jersey Division of Taxation. NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Verona, in the County of Essex, State of New Jersey that the following applications for renewal of Plenary Retail Distribution License be granted, effective July 1, 2018; and BE IT FURTHER RESOLVED that the Township Clerk be and is hereby authorized to sign and issue said license certificates to the following applicants: 0720-44-010-009 Ami & Tithi LLC t/a KRAUSER S LIQUOR LOCKER 645 Bloomfield Avenue 0720-44-001-003 Hinixi, LLC t/a VERONA WINE CELLAR 360 Bloomfield Avenue 0720-44-003-005 Vallabh Krupa Inc. t/a PILGRIM LIQUORS 283 Pompton Avenue Verona, New Jersey RESOLUTION No. 2018-86 4
that the following resolution be adopted: APPROVAL OF PLENARY RETAIL CONSUMPTION LIQUOR LICENSE RENEWALS WHEREAS, the submitted renewal application forms are complete in all respects and the applicants are qualified to be licensed according to all standards established by N.J.S.A. 33 and regulations promulgated thereunder, as well as pertinent local ordinances and conditions consistent with Title 33; and WHEREAS, the following licensees have obtained a Tax Clearance Certificate from the New Jersey Division of Taxation. NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Verona, in the County of Essex, State of New Jersey that the following applications for renewal of Plenary Retail Consumption License be granted, effective July 1, 2018; and BE IT FURTHER RESOLVED that the Municipal Clerk is hereby authorized to sign and issue said license certificates to the following applicants: 0720-33-007-008 470 Bloomfield Avenue Inc., dba AVENUE BISTRO 470 Bloomfield Avenue 0720-33-006-014 Amadeo, Inc., dba MIELE S RESTAURANT 125 Bloomfield Avenue 0720-33-004-009 Macari Spirits Inc., dba ARIANE KITCHEN BAR 706 Pompton Avenue 0720-33-008-005 RJV Corporation, dba RICHFIELD REGENCY 420 Bloomfield Avenue 0720-33-011-010 Verona Liquor License LLC, dba VERONA INN 624 Pompton Avenue RESOLUTION No. 2018-87 that the following resolution be adopted: AUTHORIZING AN AGREEMENT WITH THE CALDWELL CYCLONES SWIM TEAM WHEREAS, the Township of Verona wishes to enter into an agreement with the Caldwell Cyclones Swim Team to provide for use of the Verona Community Pool facilities to conduct their summer practices; and WHEREAS, the Caldwell Cyclones Swim Team agrees to keep and maintain a daily log of all personnel who appear on the grounds and/or around the Pool areas under the terms of this Agreement; and WHEREAS, the Township of Verona shall be paid directly by the Cyclones for the use of the Community Pool facilities and staff in the sum of $6,000. 5
NOW THEREFORE, BE IT RESOLVED, by the Township Council of the Township of Verona, County of Essex, State of New Jersey that the Township Manager and Municipal Clerk are authorized to execute an agreement with the Caldwell Cyclones Swim Team for use of the pool facility, a copy of which is attached hereto. RESOLUTION No. 2018-89 REFUNDING TAX LIEN REDEMPTION WHEREAS, property located at 5 Birch Lane, Block 1107 Lot 9, owned by Vanessa Almodovar has been held in tax lien since December 7, 2017; and WHEREAS, payment was received, in the amount of $1,328.62 from David Naseef and William Norton clearing the lien as follows: Certificate #2017-3 Certificate $ 164.42 2017 Water/Sewer plus Interest $ 954.60 2018 Water/Sewer plus Interest $ 144.60 Recording Fees $ 53.00 Search Fee $ 12.00 Total $1,328.62 Premium $ 0.00 WHEREAS, this certificate has been held by US Bank Cust for PC7 Firstrust and the certificate has been received and properly signed for cancellation. NOW, THEREFORE, BE IT RESOLVED by the Township Council, of the Township of Verona, in the County of Essex, New Jersey that the Chief Financial Officer and Tax Collector be authorized to refund, from Trust, the amount of $1,328.62 to US Bank Cust for PC7 Firstrust, 50 South 16 th Street, Suite 2050, Philadelphia, Pennsylvania 19102. RESOLUTION No. 2018-90 PROPERTY MAINTENANCE LIEN WHEREAS, the Construction Code Official determined that the owner of the Block 203, Lot 5, commonly known as 87 Grove Avenue, failed to comply with the Township property maintenance code, specifically cutting the lawn; and WHEREAS, clean up was performed by Green Valley Landscape Design & Maintenance on behalf of the Township on May 23, 2018 totaling the amount of $75.00; and WHEREAS, these charges shall be imposed on the property in the form of a municipal lien for above services pursuant to N.J.S.A. 54:5-8 and to any other applicable State of Federal regulation. 6
Verona, County of Essex, New Jersey, that the Tax Collector be and is hereby authorized and directed to take all appropriate actions to impose on the property commonly known as 87 Linden Avenue, (Block 902, Lot 20) a municipal lien in the amount of the tax lien certificate ($75.00), where upon the Tax Collector shall, within ten (10) days of encumbering of the property, send official notice of said encumbrance via certified mail, return receipt requested and regular mail to any and all other lien holders or creditors with a secured interest in the property. RESOLUTION No. 2018-91 PROPERTY MAINTENANCE LIEN WHEREAS, the Construction Code Official determined that the owner of the Block 203, Lot 5, commonly known as 6 Morningside Road, failed to comply with the Township property maintenance code, specifically cutting the lawn; and WHEREAS, clean up was performed by Green Valley Landscape Design & Maintenance on behalf of the Township on May 12, 2018 totaling the amount of $75.00; and WHEREAS, these charges shall be imposed on the property in the form of a municipal lien for above services pursuant to N.J.S.A. 54:5-8 and to any other applicable State of Federal regulation. Verona, County of Essex, New Jersey, that the Tax Collector be and is hereby authorized and directed to take all appropriate actions to impose on the property commonly known as 6 Morningside Road, (Block 1801, Lot 1) a municipal lien in the amount of the tax lien certificate ($75.00), where upon the Tax Collector shall, within ten (10) days of encumbering of the property, send official notice of said encumbrance via certified mail, return receipt requested and regular mail to any and all other lien holders or creditors with a secured interest in the property. RESOLUTION No. 2018-92 PROPERTY MAINTENANCE LIEN WHEREAS, the Construction Code Official determined that the owner of the Block 203, Lot 5, commonly known as 45 Mount Prospect Avenue, failed to comply with the Township property maintenance code, specifically snow removal; and WHEREAS, clean up was performed by Green Valley Landscape Design & Maintenance on behalf of the Township on March 14, 2018 totaling the amount of $75.00; and WHEREAS, these charges shall be imposed on the property in the form of a municipal lien for above services pursuant to N.J.S.A. 54:5-8 and to any other applicable State of Federal regulation. Verona, County of Essex, New Jersey, that the Tax Collector be and is hereby authorized and directed to take all appropriate actions to impose on the property commonly known as 45 Mount Prospect Avenue, (Block 203, Lot 5) a municipal lien in the amount of the tax lien certificate ($75.00), where upon the Tax Collector shall, within ten (10) days of encumbering of 7
the property, send official notice of said encumbrance via certified mail, return receipt requested and regular mail to any and all other lien holders or creditors with a secured interest in the property. RESOLUTION No. 2018-93 PROPERTY MAINTENANCE LIEN WHEREAS, the Construction Code Official determined that the owner of the Block 203, Lot 5, commonly known as 53 Mount Prospect Avenue, failed to comply with the Township property maintenance code, specifically snow removal; and WHEREAS, clean up was performed by Green Valley Landscape Design & Maintenance on behalf of the Township on March 14, 2018 totaling the amount of $75.00; and WHEREAS, these charges shall be imposed on the property in the form of a municipal lien for above services pursuant to N.J.S.A. 54:5-8 and to any other applicable State of Federal regulation. Verona, County of Essex, New Jersey, that the Tax Collector be and is hereby authorized and directed to take all appropriate actions to impose on the property commonly known as 53 Mt. Prospect Avenue, (Block 203, Lot 2) a municipal lien in the amount of the tax lien certificate ($75.00), where upon the Tax Collector shall, within ten (10) days of encumbering of the property, send official notice of said encumbrance via certified mail, return receipt requested and regular mail to any and all other lien holders or creditors with a secured interest in the property. RESOLUTION No. 2018-94 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. NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of 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) b. Contract Negotiations pursuant to N.J.S.A. 10:4-12(8) c. Personnel Matters pursuant to N.J.S.A. 10:4-12(8) 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. 8
4. This resolution shall take effect immediately. Township Attorney Brian Aloia states that in regards to the BOA case #2017-08 is adjourned as both parties attempt to try to work out the differences. He states that the Township has requested two week notice of a request to adjourn in order for the Council to prepare and review. Councilman Roman motions for the following appointments effective July 1, 2018; Deputy Mayor Nochimson seconds the motion. Vote 4 ayes: Planning Board - Melissa Collins, Class IV Member, term expires 6/30/2022; Jessica Pearson, Class IV Member, term expires 6/30/2022 (Environmental Commission Member); Timothy Camuti, Alternate #1 Member, term expires 6/30/2020. Board of Adjustment - Louis Russo, Regular Member, term expires 6/30/2022; Scott Weston, Regular Member, term expires 6/30/2022; Christi DiBartolo, Alternate #1 Member, term expires 6/30/2020; Genevieve Murphy-Bradacs, Alternate #2 Member, 6/30/2019. Green Team John Britch, term expires 6/30/2019; Tom Cherry, term expires 6/30/2019; Sara Drappi, term expires 6/30/2019; Jonathon Hayter, term expires 6/30/2019; Christine Liaukus, term expires 6/30/2019; Todd Neale, term expires 6/30/2019; Bob Prout, term expires 6/30/2019; Frank Sapienza, term expires 6/30/2019; Gloria Machnowski, Committee Liaison, Environmental Commission, term expires 6/30/2019; Robert Dickison, Committee Liaison, Shade Tree Commission, term expires 6/30/2019. Public Participation: Adjournment: Herb Lev, 45 Summit Road, Les Gwyn-Williams, 46 Hillside Avenue, Veronica Hopco, 39 Lakeview Place, Apt. 8, Al DeOld, 15 Howard Street, Council goes into Executive Session at 8:29 p.m. Motion to adjourn the public meeting at 9:17 p.m. is moved by Councilman Roman; seconded by Mayor Ryan. Vote: 4 ayes. The next regular scheduled meeting is July 9, 2018 at 7:00 p.m. Respectfully submitted, Jennifer Kiernan Jennifer Kiernan, Municipal Clerk Kevin Ryan Kevin Ryan, Mayor APPROVED: 9