TOWNSHIP COUNCIL AGENDA REGULAR MEETING 7:00 P.M. October 15, 2018 Municipal Building, 600 Bloomfield Avenue
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1 ### Consent Agenda R # 138 *** Requires 2/3 Affirmative Confirmation O # 29 TOWNSHIP COUNCIL AGENDA REGULAR MEETING 7:00 P.M. October 15, 2018 Municipal Building, 600 Bloomfield Avenue A. CALL TO ORDER 1. Open Public Meetings Act Compliance Statement B. ROLL CALL C. PLEDGE OF ALLEGIANCE D. MAYOR S REPORT 1. Julius N. Coltre, Essex County Liaison E. REPORT OF MANAGER 1. Historical Preservation Commission Appointment Term Expires a. Martin Golan Alternate #2 Member Class C 6/30/2020 F. COUNCILMEMBERS REPORTS G. HEARING ADOPTION OR AMENDMENT OF ORDINANCES 1. Ordinance No Mandatory Set-Aside for Affordable Housing 2. Ordinance No General Capital Front End Loader*** 3. Ordinance No Water-Sewer Capital Front End Loader*** H. PROPOSED ORDINANCES 1. Ordinance No Capital Bond Ordinance Municipal Building Roof Replacement ### ### ### CONSENT AGENDA I. MINUTES 1. October 1, 2018 Regular Meeting J. PROPOSED RESOLUTIONS 1. Resolution No PSE&G Direct Install Program 2. Resolution No Interlocal Agreement Caldwell Street Sweeping 3. Resolution No Executive Session
2 ### Consent R # 138 *** Requires 2/3 Affirmative Confirmation O # 29 ### K. LICENSES AND PERMITS L. ADDENDUM M. NEW/UNFINISHED BUSINESS 1. Board of Adjustment Appeal Hearing Case No a. Resolution No Approving the Appeal of Robert Prout in the Decision of the Application to the Board of Adjustment (Case No ) For Development of New York SMS a Limited Partnership D/B/A Verizon Wireless N. PUBLIC COMMENT O. EXECUTIVE SESSION P. ADJOURNMENT
3 G-1 ESSEX COUNTY, STATE OF NEW JERSEY ORDINANCE No AN ORDINANCE TO CREATE A MANDATORY SET-ASIDE FOR AFFORDABLE HOUSING WITHIN THE CODE THE TOWNSHIP OF VERONA, COUNTY OF ESSEX AND AMENDING AND SUPPLEMENTING CHAPTER 150 (ZONING) OF THE WHEREAS, the Township of Verona has been engaged in certain litigation regarding the Township s obligation to provide for affordable housing; and WHEREAS, THE Township desires, among other things to adopt certain amendments to its Municipal Land Use Ordinances; NOW THEREFORE BE IT ORDAINED by the Township of Verona in the County of Essex and State of New Jersey, the code is supplemented and amended as follows: Mandatory Affordable Housing Set Aside Ordinance 1. Any property in the Township of Verona that is currently zoned for nonresidential uses and subsequently receives a zoning change or use variance to permit multi-family residential development, or that is currently zoned for residential uses and receives a zoning change or density variance to permit higher density multi-family residential development provided the number of dwelling units is five (5) or more than the number of units previously permitted, shall be required to include an affordable housing set-aside on all such additional units beginning at five (5) or more over the number of units previously permitted of 15%, if the affordable units will be for rent, and 20% if the affordable units will be for sale. No property shall be subdivided so as to avoid compliance with this requirement. Moreover, this provision governs municipal actions and shall not entitle any property owner or developer to such action by the Township. All affordable units created pursuant to this paragraph shall be governed by the provisions of the Township's Court-approved Affordable Housing Ordinance. 2. Any property in the Township of Verona that is currently zoned for nonresidential uses and subsequently receives approval of a redevelopment plan to permit multi-family residential development, or that is currently zoned for residential uses and receives an approval of a redevelopment plan to permit higher density multi-family residential development provided the number of dwelling units is five (5) or more than the number of units previously permitted, shall be required to include a 20% affordable housing set-aside. No property shall be subdivided so as to avoid compliance with this requirement. Moreover, this provision governs municipal actions and shall not entitle any property owner or developer to such action by the Township. All affordable units created pursuant to this paragraph shall be governed by the provisions of the Township's Court-approved Affordable Housing Ordinance. 3. The foregoing set-aside requirements do not apply to inclusionary development zones and sites that are already included in the Township's Court-approved Housing Element and Fair Share Plan, which zones and sites shall be governed by the set-aside requirements for the applicable zones or redevelopment areas. SEVERABILITY. All provisions of this Ordinance are severable. If for any reason, any provision of this Ordinance is held to be invalid, the validity of the remainder of the Ordinance shall not be affected.
4 Ordinance No Page 2 of 2 INCONSISTENCY. All Ordinances or parts of ordinances inconsistent with this Ordinance are hereby repealed to the extent of such inconsistency. EFFECTIVE DATE. This Ordinance shall become effective upon final approval and publication, pursuant to law. ATTEST: NOTICE I HEREBY CERTIFY THAT THE AFOREMENTIONED ORDINANCE WAS PUBLISHED IN THE VERONA-CEDAR GROVE TIMES, A NEWSPAPER PUBLISHED IN THE COUNTY OF ESSEX AND CIRCULATED IN THE, IN THE ISSUE OF SEPTEMBER 20, 2018 AND XXXX. INTRODUCTION: September 17, 2018 ADOPTION: EFFECTIVE DATE:
5 G-2 COUNTY OF ESSEX, NEW JERSEY ORDINANCE No CAPITAL ORDINANCE APPROPRIATING $80,000 FROM THE GENERAL CAPITAL IMPROVEMENT FUND FOR THE PURCHASE OF A FRONT END LOADER BY THE, IN THE COUNTY OF ESSEX, NEW JERSEY BE IT ORDAINED by the Township Council of the Township of Verona, County of Essex, New Jersey as follows: SECTION 1. The Township of Verona, in the County of Essex, New Jersey (the Township ) hereby appropriates $80,000, fully funded by the Capital Improvement Fund, for the purchase of a Front End Loader, which has a total estimated cost of $160,000. The remaining balance of $80,000 will be funded by the Water and Sewer Utility Fund. SECTION 3. The Township hereby certifies that it has adopted a capital budget or a temporary capital budget, as applicable. The capital or temporary capital budget of the Township is hereby amended to conform with the provisions of this ordinance to the extent of any inconsistency herewith. To the extent that the purposes authorized herein are inconsistent with the adopted capital or temporary capital budget, a revised capital or temporary capital budget has been filed with the Division of Local Government Services. SECTION 4. This ordinance shall take effect after final adoption and publication and otherwise as provided by law. ATTEST: NOTICE I HEREBY CERTIFY THAT THE AFOREMENTIONED ORDINANCE WAS PUBLISHED IN THE VERONA-CEDAR GROVE TIMES, A NEWSPAPER PUBLISHED IN THE COUNTY OF ESSEX AND CIRCULATED IN THE, IN THE ISSUE OF OCTOBER 4, 2018 AND XXXX. INTRODUCTION: October 1, 2018 ADOPTION: EFFECTIVE DATE:
6 G-3 COUNTY OF ESSEX, NEW JERSEY 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, IN THE COUNTY OF ESSEX, NEW JERSEY BE IT ORDAINED by the Township Council of the Township of Verona, County of Essex, New Jersey as follows: SECTION 1. The Township of Verona, in the County of Essex, New Jersey (the Township ) hereby appropriates $80,000, fully funded by the Capital Improvement Fund, for the purchase of a Front End Loader, which has a total estimated cost of $160,000. The remaining balance of $80,000 will be funded by the General Capital Fund. SECTION 3. The Township hereby certifies that it has adopted a capital budget or a temporary capital budget, as applicable. The capital or temporary capital budget of the Township is hereby amended to conform with the provisions of this ordinance to the extent of any inconsistency herewith. To the extent that the purposes authorized herein are inconsistent with the adopted capital or temporary capital budget, a revised capital or temporary capital budget has been filed with the Division of Local Government Services. SECTION 4. This ordinance shall take effect after final adoption and publication and otherwise as provided by law. ATTEST: NOTICE I HEREBY CERTIFY THAT THE AFOREMENTIONED ORDINANCE WAS PUBLISHED IN THE VERONA-CEDAR GROVE TIMES, A NEWSPAPER PUBLISHED IN THE COUNTY OF ESSEX AND CIRCULATED IN THE, IN THE ISSUE OF OCTOBER 4, 2018 AND XXXX. INTRODUCTION: October 1, 2018 ADOPTION: EFFECTIVE DATE:
7 H-1 COUNTY OF ESSEX, STATE OF NEW JERSEY ORDINANCE NO BOND ORDINANCE PROVIDING FOR THE REPLACEMENT OF THE MUNICIPAL BUILDING ROOF IN AND BY THE, IN THE COUNTY OF ESSEX, NEW JERSEY, APPROPRIATING $350,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $333,000 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF BE IT ORDAINED by the Township Council of the Township of Verona, in the County of Essex, New Jersey (not less than two-thirds of all members thereof affirmatively concurring) as follows: SECTION 1. The improvement described in Section 3(a) of this bond ordinance is hereby authorized to be undertaken by the Township of Verona, in the County of Essex, New Jersey (the "Township") as a general improvement. For the improvement or purpose described in Section 3(a), there is hereby appropriated the sum of $350,000, including the sum of $17,000 as the down payment required by the Local Bond Law. The down payment is now available by virtue of provision for down payment or for capital improvement purposes in one or more previously adopted budgets. SECTION 2. In order to finance the cost of the improvement or purpose not covered by application of the down payment, negotiable bonds are hereby authorized to be issued in the principal amount of $333,000 pursuant to the Local Bond Law. In anticipation of the issuance of the bonds, negotiable bond anticipation notes are hereby authorized to be issued pursuant to and within the limitations prescribed by the Local Bond Law. SECTION 3. (a) The improvement hereby authorized and the purpose for the financing of which the bonds are to be issued is the replacement of the Municipal Building roof, including all work and materials necessary therefor and incidental thereto. (b) The estimated maximum amount of bonds or bond anticipation notes to be issued for the improvement or purpose is as stated in Section 2 hereof. (c) The estimated cost of the improvement or purpose is equal to the amount of the appropriation herein made therefor. SECTION 4. All bond anticipation notes issued hereunder shall mature at such times as may be determined by the chief financial officer; provided that no bond anticipation note shall mature later than one year from its date, unless such bond anticipation notes are permitted to mature at such later date in accordance with applicable law. The bond anticipation notes shall
8 bear interest at such rate or rates and be in such form as may be determined by the chief financial officer. The chief financial officer shall determine all matters in connection with bond anticipation notes issued pursuant to this bond ordinance, and the chief financial officer's signature upon the bond anticipation notes shall be conclusive evidence as to all such determinations. All bond anticipation notes issued hereunder may be renewed from time to time subject to the provisions of the Local Bond Law or other applicable law. The chief financial officer is hereby authorized to sell part or all of the bond anticipation notes from time to time at public or private sale and to deliver them to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their dates to the date of delivery thereof. The chief financial officer is directed to report in writing to the governing body at the meeting next succeeding the date when any sale or delivery of the bond anticipation notes pursuant to this bond ordinance is made. Such report must include the amount, the description, the interest rate and the maturity schedule of the bond anticipation notes sold, the price obtained and the name of the purchaser. SECTION 5. The Township hereby certifies that it has adopted a capital budget or a temporary capital budget, as applicable. The capital or temporary capital budget of the Township is hereby amended to conform with the provisions of this bond ordinance to the extent of any inconsistency herewith. To the extent that the purposes authorized herein are inconsistent with the adopted capital or temporary capital budget, a revised capital or temporary capital budget has been filed with the Division of Local Government Services. SECTION 6. The following additional matters are hereby determined, declared, recited and stated: (a) The improvement or purpose described in Section 3(a) of this bond ordinance is not a current expense. It is an improvement or purpose that the Township may lawfully undertake as a general improvement, and no part of the cost thereof has been or shall be specially assessed on property specially benefitted thereby. (b) The period of usefulness of the improvement or purpose within the limitations of the Local Bond Law, according to the reasonable life thereof computed from the date of the bonds authorized by this bond ordinance, is 15 years. (c) The Supplemental Debt Statement required by the Local Bond Law has been duly prepared and filed in the office of the Clerk, and a complete executed duplicate thereof has been filed in the office of the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey. Such statement shows that the gross debt of 2
9 the Township as defined in the Local Bond Law is increased by the authorization of the bonds and notes provided in this bond ordinance by $333,000, and the obligations authorized herein will be within all debt limitations prescribed by the Local Bond Law. (d) An aggregate amount not exceeding $70,000 for items of expense listed in and permitted under N.J.S.A. 40A:2-20 is included in the estimated cost indicated herein for the purpose or improvement. SECTION 7. The Township hereby makes the following covenants and declarations with respect to obligations determined to be issued by the Chief Financial Officer on a tax-exempt basis. The Township hereby covenants that it will comply with any conditions subsequent imposed by the Internal Revenue Code of 1986, as amended (the Code ), in order to preserve the exemption from taxation of interest on the obligations, including, if necessary, the requirement to rebate all net investment earnings on the gross proceeds above the yield on the obligations. The Chief Financial Officer is hereby authorized to act on behalf of the Township to deem the obligations authorized herein as bank qualified for the purposes of Section 265 of the Code, when appropriate. The Township hereby declares the intent of the Township to issue bonds or bond anticipation notes in the amount authorized in Section 2 of this bond ordinance and to use the proceeds to pay or reimburse expenditures for the costs of the purpose described in Section 3 of this bond ordinance. This Section 7 is a declaration of intent within the meaning and for purposes of Treasury Regulations or any successor provisions of federal income tax law. SECTION 8. Any grant moneys received for the purpose described in Section 3(a) hereof shall be applied either to direct payment of the cost of the improvement or to payment of the obligations issued pursuant to this bond ordinance. The amount of obligations authorized but not issued hereunder shall be reduced to the extent that such funds are so used. SECTION 9. The chief financial officer of the Township is hereby authorized to prepare and to update from time to time as necessary a financial disclosure document to be distributed in connection with the sale of obligations of the Township and to execute such disclosure document on behalf of the Township. The chief financial officer is further authorized to enter into the appropriate undertaking to provide secondary market disclosure on behalf of the Township pursuant to Rule 15c2-12 of the Securities and Exchange Commission (the "Rule") for the benefit of holders and beneficial owners of obligations of the Township and to amend such undertaking from time to time in connection with any change in law, or interpretation thereof, provided such 3
10 undertaking is and continues to be, in the opinion of a nationally recognized bond counsel, consistent with the requirements of the Rule. In the event that the Township fails to comply with its undertaking, the Township shall not be liable for any monetary damages, and the remedy shall be limited to specific performance of the undertaking. SECTION 10. The full faith and credit of the Township are hereby pledged to the punctual payment of the principal of and the interest on the obligations authorized by this bond ordinance. The obligations shall be direct, unlimited obligations of the Township, and the Township shall be obligated to levy ad valorem taxes upon all the taxable real property within the Township for the payment of the obligations and the interest thereon without limitation of rate or amount. SECTION 11. This bond ordinance shall take effect 20 days after the first publication thereof after final adoption, as provided by the Local Bond Law. ATTEST: NOTICE I HEREBY CERTIFY THAT THE AFOREMENTIONED ORDINANCE WAS PUBLISHED IN THE VERONA-CEDAR GROVE TIMES, A NEWSPAPER PUBLISHED IN THE COUNTY OF ESSEX AND CIRCULATED IN THE, IN THE ISSUE OF XXX AND XXX. INTRODUCTION: PUBLIC HEARING: EFFECTIVE DATE: 4
11 J-1 COUNTY OF ESSEX, STATE OF NEW JERSEY RESOLUTION No A motion was made by seconded by that the following resolution be adopted: AUTHORIZING AN AGREEMENT WITH NEW JERSEY OFFICE OF CLEAN ENERGY FOR AN ENERGY EFFICIENCY UPGRADE - UNDER THE DIRECT INSTALL GRANT SEVERAL MUNICIPAL OWNED BUILDINGS WHEREAS, the New Jersey Office of Clean Energy offers a Direct Install Grant Program for Government, Non-Profit Facilities, and Small businesses that provides energy Efficiency Upgrades; and WHEREAS, the New Jersey Office of Clean Energy will arrange the installation of certain energy conservation measures several municipal owned buildings throughout the Township as follows: Municipal Building $816 per month for 36 months = $29,393 Community Center/Firehouse $1,291 per month for 36 months = $46,489 Community Pool $387 per month for 36 months = $13,945 5 Ozone Avenue $187 per month for 30 months = $6,738 9 Ozone Avenue $44 per month for 36 months = $1,566 WHEREAS, the additional costs per will be added to the monthly PS&G Utility Bill Invoices for 36 months; and WHEREAS, as a result of this installation, there is a projected cost savings of approximately Seventy Four Thousand One Hundred Sixteen Dollars ($168,030.00) over the next five years. NOW, THEREFORE BE IT RESOLVED by the Township Council of the Township of Verona, in the County of Essex, New Jersey that the Township Manager is hereby authorized to execute the contract agreements with the Public Service Electric and Gas Company pursuant to the terms of the Direct Install Grant Program for Government, Non-Profit Facilities, and Small businesses. ROLL CALL: AYES: NAYS: ABSENT: ABSTAIN: THIS IS TO CERTIFY THAT THE FOREGOING IS A TRUE AND EXACT COPY OF A RESOLUTION ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWNSHIP OF VERONA AT THE REGULAR MEETING HELD ON OCTOBER 15, 2018.
12 J-2 COUNTY OF ESSEX, STATE OF NEW JERSEY RESOLUTION No A motion was made by seconded by that the following resolution be adopted: AUTHORIZING AN INTERLOCAL SERVICES AGREEMENT WITH THE BOROUGH OF CALDWELL ROSELAND TO PROVIDE STREET SWEEPING SERVICES WHEREAS, the Uniform Shared Services and Consolidation Act, N.J.S.A. 40A:65-1 et seq. (the Act ), authorized local units of this State to enter into agreements with any other local unit or units to provide or receive any service that each local unit participating in the agreement is empowered to provide or receive in its own jurisdiction; and WHEREAS, the Township of Verona and the Borough of Caldwell are desirous to enter an Interlocal Services agreement to provide Street Sweeping Services; and WHEREAS, the Township of Verona and the Borough of Caldwell have reached an agreement as to the terms and conditions associated with said agreement; and WHEREAS, it is in the best interest of both municipalities to enter into this Interlocal Services Agreement for the period beginning October 15, 2018 and terminating December 31, NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Verona, in the County of Essex, New Jersey that Township Manager and Township Clerk are hereby authorized to execute an Interlocal Services Agreement with the Borough of Caldwell to provide Street Sweeping Services. BE IT FURTHER RESOLVED that the Township Clerk shall transmit a certified copy of this resolution to the Clerk of the Borough of Caldwell. ROLL CALL: AYES: NAYS: ABSENT: ABSTAIN: THIS IS TO CERTIFY THAT THE FOREGOING IS A TRUE AND EXACT COPY OF A RESOLUTION ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWNSHIP OF VERONA AT THE REGULAR MEETING HELD ON OCTOBER 15, 2018.
13 J-3 COUNTY OF ESSEX, STATE OF NEW JERSEY RESOLUTION No A motion was made by ; seconded by that the following resolution be adopted: 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) - Docket No. ESX-L 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. 4. This resolution shall take effect immediately. ROLL CALL: AYES: NAYS: ABSENT: ABSTAIN: THIS IS TO CERTIFY THAT THE FOREGOING IS A TRUE AND EXACT COPY OF A RESOLUTION ADOPTED BY THE TOWNSHIP COUNCIL OF THE AT THE REGULAR MEETING HELD ON OCTOBER 15, 2018.
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