Minutes of a Regular Meeting of the Verona Township Council on Monday, May 21, 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 Manager Matthew Cavallo, Township Attorney Brian Aloia, and Municipal Clerk Jennifer Kiernan are also present. Mayor Ryan leads the Pledge of Allegiance. Mayor s Report: Mayor Ryan introduces State Senator Joseph Pennacchio (R) who is present this evening. The Senator discusses various issues and takes questions from both the Council and the public: Christine McGrath, 57 Fairway Avenue, Verona, NJ Stephen Pope, 22 Chestnut Road, Verona, NJ Laura Fortgang, 45 Wayland Drive, Verona, NJ A moment of silence is held for the students of Santa Fe High School and the community of Paramus following the tragic school bus accident last week. Mayor Ryan reads a proclamation for National Gun Violence Awareness Day. Mayor Ryan reports on the traffic situation at the Mosque. He states he met with Dr. Awad in regards to traffic issues. He hopes to continue constructive dialog and keep the lines of communication open to come up with common sense solutions. The Memorial Day parade will be held on May 28. The parade begins at 10am followed by a ceremony in the Civic Center. The Valerie Fund Walk will take place on June 9 in Verona Park beginning at 10am. The Environmental Commission will organize a Peckman River clean-up on June 2 behind FN Brown Elementary school. Mayor Ryan reads a proclamation for Emergency Medical Services Week. Manager s Report: The Community Pool opens this coming weekend for weekend hours only. Saturday (Adults only 18+) 10am 11am - Open to All: 11am 8pm. Sunday (Adults only 18+) 10am 11am - Open to All: 11am 7pm. Monday MEMORIAL DAY: (Adults only 18+) 10am 11am - Open to All: 11am 7pm. The 2017 Annual Audit is complete. Matt Laracy and I will be attending an Exit Conference this week. The Township Auditor will be present at the June 11 th meeting to present the report to the Council. On Thursday, May 10, Governor Murphy conditionally vetoed S-5, the PFRS takeover legislation. The Governor s conditional veto improves the original legislation, adding taxpayer protections and safeguards. The Senate is expected to accept and act on these recommendations on June 7. It will then need to go to the Assembly and then be returned to the Governor. The fiscal perfect storm local governments are facing has dissipated a little with the conditional veto of S-5 1
but on the horizon is the continued expiration of the 2% Interest Arbitration cap, the underfunding of property tax relief and the impact of federal tax changes regarding the state and local government tax deductions. We call upon the Legislature and Administration to act immediately to renew the interest arbitration cap while we await the recommendations of the legislative committee to address the local property tax structure. The Property Taxpayers Protection Act of 1999 (PTPA), Chapter 168, P.L. 1999, was meant to assure municipalities and their taxpayers that their Energy Tax Receipts (ETR) and the Consolidated Municipal Property Tax Relief Act (CMTRA) relief would never stagnate, in the face of inflationary pressures. The law calls for annual inflationary adjustments in the distribution of ETR, beginning in 2002; and in the distribution of CMPTRA relief, beginning in 1999. However, because provisions included in the State s annual Appropriations Act can supersede, during that State Fiscal Year, provisions in permanent law, it is common for State budget makers to skirt this responsibility. In fact, it has become the rule, rather than the exception. Instead of any increase in ETR and CMPTRA relief funding, local leaders have been forced to balance their budgets, and account for the impact of inflation, with less. Funding cuts and funding shifts, along with inflation, have diminished the property tax relief potential of these vital programs. In 2001, ETR and CMPTRA provided $1.6 billion in State-wide relief. This year, the total proposed for distribution equals $1.4 billion. And that amount includes over $63 million that have been shifted, during recent years, from the Discretionary Aid program, to CMPTRA. If adjusted for inflation, 2001 s $1.6 billion would be $2.3 billion, today. On Monday, May 14 Senate State Government Committee unanimously passed A- 1627/S-1873, which would permit a person with a pre-existing volunteer relationship as a firefighter, first aid worker, rescue squad worker, or emergency medical technician with their employer to retire from service covered by PERS or PFRS. Last year we passed Resolution No. 2017-138 is support of a similar bill that died by pocket veto. Councilmember s Reports: Deputy Mayor Nochimson reports the in regards to the large storm, he suggested to the Township Manager that storms that take down large branches, the cutting up and bundling of branches put to the curb should be suspended and large branches picked up by DPW. Councilman Roman reports he received many complaints about potholes. If residents have issues, please let Town Hall know. The Township Manager states the 2018 list of street paving is on the Township website. Councilman McEvoy states he attended, along with Councilman Giblin, the police department s honoring of Officer Theodore Braun who dies 80 years ago in the line of duty. He reminds the public that the Township has a form on its website where residents can report tree problems to DPW. He comments that he disagrees with the Deputy Mayor s statement about branches and suggests residents bundle branches. Councilman Giblin attended the May 12 grand opening of the Islamic Center at 56 Grove Avenue. He suggests that the Houses of Worship section of the Township s website be updated to include the Islamic Center and urges the administration to keep the Islamic Center involved in participating in events. 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 The Municipal Clerk reads Ordinance No. 2018-12 by title into record. 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. This allows the Township to start the process to consider purchasing these properties. There are many legal questions raised, which, will be answered when due research is completed. This also allows the public to become aware of the potential purchase. 2
Jackie Shulman, Law Office of Price, Meese, Shulman & D'Arminio, PC Jesse Lilley, 52 Brookside Terrace, Verona, NJ Santi Condorelli, 59 Brookside Terrace, Verona, NJ Al DeOld, 15 Howard Street, Verona, NJ Mr. Aloia recommends the Council consider a motion to table the vote until June 11, 2018 in order to research legal issues surrounding the passage of this ordinance. Motion to table Ordinance No. 2018-12 is moved by Councilman Giblin; seconded by Councilman McEvoy. Ordinance No. 2018-12 is tabled with a 5-0 vote. ORDINANCE # 2018-13 ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY LOCATED AT 111 MOUNT PROSPECT AVENUE AND IDENTIFIED ON THE TAX MAPS AS BLOCK 501, LOT 83 FOR PUBLIC USE The Municipal Clerk reads Ordinance No. 2018-13 by title into record. Walt Steinmann, 138 Hillside Avenue, Verona, NJ Charles Slicken, 27 Gordon Place, Verona, NJ Motion to table Ordinance No. 2018-13 is moved by Mayor Ryan; seconded by Councilman Roman. Ordinance No. 2018-13 is tabled with a 5-0 vote. ORDINANCE # 2018-14 ORDINANCE APPROPRIATING $25,000 FROM THE CAPITAL SURPLUS FUND FOR PRELIMINARY PLANNING EXPENSES, INCLUDING LEGAL, SITE EVALUATION AND OTHER COSTS, FOR THE ACQUISITION BY PURCHASE, GIFT OR CONDEMNATION OF THE PROPERTY IN THE TOWNSHIP KNOWN AS 25 COMMERCE COURT IN AND BY THE TOWNSHIP OF VERONA, IN THE COUNTY OF ESSEX, NEW JERSEY The Municipal Clerk reads Ordinance No. 2018-14 by title into record. Santi Condorelli, 59 Brookside Terrace, Verona, NJ Motion to adopt Ordinance No. 2018-14 is moved by Councilman Roman; seconded by Mayor Ryan. Ordinance No. 2018-14 is adopted 5-0 and will be published according to law. 3
ORDINANCE # 2018-15 ORDINANCE APPROPRIATING $25,000 FROM THE CAPITAL SURPLUS FUND FOR PRELIMINARY PLANNING EXPENSES, INCLUDING LEGAL, SITE EVALUATION AND OTHER COSTS, FOR THE ACQUISITION BY PURCHASE, GIFT OR CONDEMNATION OF THE PROPERTY IN THE TOWNSHIP KNOWN AS 111 MT. PROSPECT AVENUE IN AND BY THE TOWNSHIP OF VERONA, IN THE COUNTY OF ESSEX, NEW JERSEY The Municipal Clerk reads Ordinance No. 2018-15 by title into record. Herb Lev, 45 Summit Road, Verona, NJ Motion to adopt Ordinance No. 2018-15 is moved by Councilman McEvoy; seconded by Deputy Mayor Nochimson. Ordinance No. 2018-15 is adopted 5-0 and will be published according to law. ORDINANCE No. 2018-16 AN ORDINANCE ESTABLISHING CHAPTER 41 OF THE CODE OF THE TOWNSHIP OF VERONA ENTITLED NEIGHBORHOOD TRAFFIC AND SAFETY COMMITTEE The Municipal Clerk reads Ordinance No. 2018-16 by title into record. Gerard Shimonaski, 33 Kenwood Avenue, Verona, NJ Motion to adopt Ordinance No. 2018-16 is moved by Councilman McEvoy; seconded by Deputy Mayor Nochimson. Ordinance No. 2018-16 is adopted 5-0 and will be published according to law. ORDINANCE # 2018-17 AN ORDINANCE REPEALING CHAPTER 38 (POLICE DEPARTMENT), REPEALING CHAPTER 115 (SCHOOL PROPERTY AND PUBLIC PROPERTY MAP), ESTABLISHING A NEW CHAPTER 38 (POLICE DEPARTMENT) AND AMENDING CHAPTER A175 (SCHEDULE OF FEES) OF CODE OF THE TOWNSHIP OF VERONA The Municipal Clerk reads Ordinance No. 2018-17 by title into record. None Motion to adopt Ordinance No. 2018-17 is moved by Mayor Ryan; seconded by Deputy Mayor 4
Nochimson. Ordinance No. 2018-16 is adopted 5-0 and will be published according to law. ORDINANCE # 2018-18 AN ORDINANCE REPEALING CHAPTER 111 (RECYCLING, SOURCE SEPARATION OF LEAVES AND GARBAGE COLLECTION), ESTABLISHING A NEW CHAPTER 111 (RECYCLING SOURCE SEPARATION OF LEAVES AND GARBAGE COLLECTION) AND AMENDING CHAPTER A175-1 (SCHEDULE OF FEES) OF CODE OF THE TOWNSHIP OF VERONA The Municipal Clerk reads Ordinance No. 2018-18 by title into record. Gerard Shimonaski, 33 Kenwood Avenue, Verona, NJ Gloria Machnowski, 113 So. Prospect Street, Verona, NJ John MacEvoy, 624 Bloomfield Avenue, Verona, NJ Jim Hill, 542 Bloomfield Avenue, Verona, NJ Richard Aloia, 37 Malvern Place, Verona, NJ Motion to adopt Ordinance No. 2018-18 is moved by Mayor Ryan; seconded by Deputy Mayor Nochimson. AYES: Roman, Nochimson, Ryan Giblin, McEvoy Ordinance No. 2018-18 is adopted 3-2 and will be published according to law. ORDINANCE No. 2018-19 AN ORDINANCE TO AMEND CHAPTER 140 (VEHICLES AND TRAFFIC) OF THE CODE OF THE TOWNSHIP OF VERONA BY AMENDING CERTAIN SECTIONS The Municipal Clerk reads Ordinance No. 2018-19 by title into record. None. Motion to adopt Ordinance No. 2018-19 is moved by Councilman McEvoy; seconded by Mayor Ryan. Ordinance No. 2018-19 is adopted 5-0 and will be published according to law. ORDINANCE No. 2018-20 AN ORDINANCE TO AMEND THE CODE OF THE TOWNSHIP OF VERONA CHAPTER 140 THEREOF ENTITLED VEHICLES AND TRAFFIC BY AMENDING CERTAIN SECTIONS The Municipal Clerk reads Ordinance No. 2018-20 by title into record. 5
None. Motion to adopt Ordinance No. 2018-20 is moved by Mayor Ryan; seconded by Deputy Mayor Nochimson. Ordinance No. 2018-20 is adopted 5-0 and will be published according to law. RESOLUTION No. 2018-73 NEW JERSEY AMERICAN INTERCONNECTION AGREEMENT WHEREAS, the Water Supply Management Act Rules, N.J.A.C. 7: 19-6, et seq., promulgated by the New Jersey Department of Environmental Protection (NJDEP) permit the interconnection of adjacent water supply systems and, in fact, the NJDEP requires that all opportunities for an interconnection with another authority or agency be completed in an attempt to provide as many emergency interconnections as possible; and WHEREAS, the Township and New Jersey American have maintained an interconnection for use in emergent situations for some years at Forest Avenue & Fairway Avenue and now wish to formalize said interconnection with a written agreement; and WHEREAS, it is the intention of the parties to memorialize this interconnection in writing in order to comply with the Water Supply Management Act for the interconnection located at Forest Avenue & Fairway Avenue; and WHEREAS the Interconnections, including all water main piping, meters, valves, pumps and other appurtenant facilities located within and on both sides of the chamber are owned, operated and maintained by New Jersey American. NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Verona, in the County of Essex, New Jersey hereby authorizes the Township Manager and the Township Clerk to execute a Water Supply Interconnection Agreement between the Township and New Jersey American Water. RESOLUTION No. 2018-74 APPROVING THE CERTIFICATION LIST OF MEMBERS OF THE TOWNSHIP OF VERONA FIRE DEPARTMENT QUALIFYING FOR CREDIT UNDER THE LENGTH OF SERVICE AWARDS PROGRAM (LOSAP) FOR 2016 WHEREAS, The Township adopted Ordinance #10-99 which created the Length of Service Awards Program (LOSAP); and WHEREAS, N.J.S.A. 40A:14-191 requires that the Fire Chief furnish the Township Council with an annual certification list of all volunteer members who have qualified for credit under the award program for the previous year; NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Verona that the list of the volunteer members of the Township of Verona Fire Department certified 6
by the Fire Chief for the year 2016, a copy of which list is attached here as Exhibit A is approved; and BE IT FURTHER RESOLVED that a copy of this list had been posted for at least thirty (30) days in the respective fire companies. RESOLUTION No. 2018-75 APPROVING THE CERTIFICATION LIST OF MEMBERS OF THE TOWNSHIP OF VERONA FIRE DEPARTMENT QUALIFYING FOR CREDIT UNDER THE LENGTH OF SERVICE AWARDS PROGRAM (LOSAP) FOR 2017 WHEREAS, The Township adopted Ordinance #10-99 which created the Length of Service Awards Program (LOSAP); and WHEREAS, N.J.S.A. 40A:14-191 requires that the Fire Chief furnish the Township Council with an annual certification list of all volunteer members who have qualified for credit under the award program for the previous year; NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Verona that the list of the volunteer members of the Township of Verona Fire Department certified by the Fire Chief for the year 2017, a copy of which list is attached here as Exhibit A is approved; and BE IT FURTHER RESOLVED that a copy of this list has been posted for at least thirty (30) days in the respective fire companies. RESOLUTION No. 2018-76 APPROVING CHANGE ORDER No. 23 PHAROS ENTERPRISES, LLC, CONTRACT NO. 17-03 WHEREAS, Pharos Enterprises, LLC and the Township of Verona have heretofore entered into an Agreement, more particularly known as Contract No. 17-03, dated May 15, 2017, for the Verona Public Library Phase II Renovation and ADA Improvements, in accordance with the requirements of the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq. in the contract amount of $2,526,500.00; and WHEREAS, the Township Council, previously approved Contract Change Nos. 1-15 and 17-21 from the Project Architect, in an amount of plus $163,301.17, for a revised contract amount of $2,689,801.17; and WHEREAS, the Township Council has received Contract Change No. 23 from the Project Architect, in an amount of (plus) $2,521.94, for the installation of a water pressure reducer and a backflow preventer; and WHEREAS, Contract Change No. 23 does not expand the scope of the within contract; and WHEREAS, the within Contract Change No. 23 is in the best interests of the Township. 7
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Verona, in the County of Essex, New Jersey that Change Order No. 23 for Contract No. 17-03 in the amount of plus $2,521.94, for a revised contract amount of $2,692,322.11, is hereby approved; and BE IT FURTHER RESOLVED that the Township Manager, Township Engineer and the Municipal Clerk are hereby authorized to execute the within Contract Change Order. RESOLUTION No. 2018-77 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) 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. 4. This resolution shall take effect immediately. Public Participation: Tamara Harris, 2 Claridge Drive, Verona, New Jersey Adjournment: Council goes into Executive Session at 9:13 p.m. Motion to adjourn the public meeting at 9:47 p.m. is moved by Councilman Roman; seconded by Mayor Ryan. Vote: 5 ayes. The next regular scheduled meeting is June 11, 2018 at 7:00 p.m. Respectfully submitted, Jennifer Kiernan Jennifer Kiernan, Municipal Clerk Kevin Ryan Kevin Ryan, Mayor APPROVED: June 11, 2018 8