He attended the Interfaith Service held at the Presbyterian Church and was impressed with how the clergy in the Town come together as a community.

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1 Minutes of a Regular Meeting of the Verona Township Council on Monday, December 4, 2017 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. 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 invites Essex County liaison Jay Coltre to the lectern. Mr. Coltre reports the this year s Essex County Holiday Lights Celebration at the Turtle Back Zoo. The Zoo will be closed for the Christmas Holiday on December 24 th and 25 th. Mayor Ryan comments that the 21 st annual Fair in the Square was great and very well attended. He thanks Steven Neale for coordinating the event and recognized DeCozen, a major sponsor, along with UNICO, local food vendors, Polka Dot and the many volunteer organizations in attendance. He attended the Interfaith Service held at the Presbyterian Church and was impressed with how the clergy in the Town come together as a community. This year s Share Your Light Night, coordinated by the Woman s Club, the Junior s Woman s Club and the Juniorettes will take place on Saturday, December 9, Mayor Ryan informs the public that the turf fields are locked for the winter season and reminds people to not use the fields. He reports that Centennial Field will remain open as long as the weather remains above 40 degrees Fahrenheit. The Public Hearing for the appeal of Board of Adjustment case # , is on tonight s agenda. Both parties have agreed and requested to adjourn the hearing until the scheduled meeting on January 8, Manager s Report: Congregation Beth Ahm has donated their outdoor Menorah to the Township for use during the holiday season. This year the Township in cooperation with the Verona Jewish Community will be hosting its 1 st Menorah Lighting on Sunday, December 17 at 6:30 p.m. at Town Hall. There has been several complaints from residents with regard to the increased Sewer Charges for residential users. We are recommending a charge of 1.4 EUs per 2-family home with equates to $175 per quarter compared to $125 which is charged for single family homes. An ordinance is being drafted for introduction at the next meeting. The first draft of the proposed policy which will encompass hours of operation, fees, usage rules and regulations and scheduling procedures has been drafted and is currently being reviewed. Once an acceptable working copy is approved by the Township and the 1

2 BOE administration, it is my plan the interest groups will be given a chance to weigh in before it is presented to the Council for approval, sometime during the first month of the new year. Santa Claus will be riding with the fire department on Sunday, December 17, 2017 around the streets of Verona. This year the fire department is coordinating a food collection of non-perishable items. Matthew Cavallo appoints Michael Broadwell to the Shade Tree Commission as Alternate #2 with a term expiring December 31, Township Manager, Matthew Cavallo invites James Helb, Township Engineer to the lectern. Mr. Helb announces that the Township has received over $7 million in funding to benefit low to moderate income neighborhoods since A handout of past accomplishments is distributed. He states that the 2018 Community Development Block Application process will includes two (2) public hearings, one tonight and the second will be held at a regular meeting of the Verona Township Council on December 18, Mr. Helb has identified potential projects within the CDBG s qualified areas. Those areas are (1) Linn Drive Phase II - Street Improvements, and (2) Beechwood Road Street Improvements. Further discussion will take place at the next regular scheduled meeting in regards to the projects that can be funded in the CDBG program. He opens the floor to public participation. Jessica Pearson 20 Montclair Avenue, Verona, New Jersey Following public participation for the Community Development Block Grant 2018 Application, a resolution prioritizing the project for the 2018 CDBG application will be on the December 18, 2017 meeting agenda for adoption. Councilmembers Reports: Deputy Mayor Nochimson follows up on the paid overtime during the Fair in the Square. The Township Manager states that because there is no union contract settlement, implementing flexible hours is not permissible. The DPW is down four (4) employees and cannot give up their daily tasks in anticipation of working the Fair in the Square. The number of employees present at the Fair in the Square had been cut back for this year. The Deputy Mayor comments that he has noticed the storage shed located across from the Community Center s façade is rotting. The Township Manager states that the building s original use was as a snack bar. Its inner walls have been removed as it is now being used solely for storage. The building will be demolished to expand the new senior workstation. The Township has received quotes for storage bins under the bleachers of Liberty, Freedom and Veteran s Fields. The Deputy Mayor requests a schematic of the footprint of the proposed senior area. The Deputy Mayor requests the possibility of the Township acquiring electric vehicles for use by the Police Department or Code Enforcement. Mr. Cavallo states that the Township has applied for a grant for three (3) dual charging stations and will look into purchasing electric cars in the future. Deputy Mayor Nochimson follows up on the jitney service in town. Mayor Ryan states he had met with Mayor Dassing of the Borough of Caldwell. Mayor Dassing reported 2

3 that although the initial response was overwhelming, less than four (4) people per day actually utilized the service, which was not enough to sustain the service. The Deputy Mayor comments on the recent incident on Personette Avenue. There is Council discussion as to making Personette a 2-way street from Depot Street to Linn Drive. Deputy Mayor Nochimson asks why the Township is Civil Service. He states that there would be less of a dilemma with raises if the Township were non-civil service. He states routing raises defy logic and he feels that the Township should stop protecting those who do not do well. He states other surrounding towns are not Civil Service and requests the Township look at a referendum to change the status of the Township. Township Attorney Brian Aloia states that the Township entered into Civil Service in Per Once a town is in, there is no way out. He states that union negotiations hold more weight in terms of salaries and pay than Civil Service. If the Township was interested in testing the opinion of Civil Service, a referendum is a good place to start. The Township Manager adds that he is aware of three (3) attempts of the legislature to pass bills to exit Civil Service, but none of those bills every left committee for a full vote. Councilman Roman requests the status of the accrued sick time ordinance. The Township Manager states it is 50% done and he plans to present Council with a draft at the next meeting. Councilman McEvoy states the Fair in the Square was great. He comments that he attended the NJ League of Municipalities (NJLOM) convention in Atlantic City in November for a day and a half. He found the conference to be beneficial as well as educational. He welcomes Michael Broadwell to the Shade Tree Commission as an Alternate #2. Councilman Giblin states the Fair in the Square was great. He comments that he too, attended the NJLOM for two (2) days. He states comments that is was a great educational experience and that he met many colleagues. Councilman Giblin reads a statement. Deputy Mayor Nochimson responds and there is discussion. During a regular meeting of the Township Council held on January 8, 2018, Deputy Mayor Nochimson made a motion to amend the approved minutes of the December 4, 2017 meeting of the Township Council to include a statement made by Councilman Giblin. The motion was seconded by Mayor Ryan; roll call vote: Roman, AYE; Giblin, NO; McEvoy, AYE; Nochimson, AYE; Ryan, AYE. Vote: 4-1. The following statement was made by Councilman Giblin at 1:03:22 and concluded at 1:05:23. I was fortunate to be elected to the Verona Town Council in May It has only been a few months and for the most part, I have been greeted warmly by my new colleagues. I ve learned that municipal government is much more complex now that I am on this side of the table and that there will always be disagreements as to what is best for Verona. However, there are sometimes exceptions: I have been deeply disturbed by the conduct of Verona s Deputy Mayor, Mike Nochimson. Over the last few months I have been subject to verbal harassment and unprovoked personal attacks, beginning on the dais at the reorganization meeting on July 1st to most recently at Saturday s Fair in the Square when I was there with my children. If these attacks were meant to intimidate me, you are sadly mistaken. 3

4 I find this especially disingenuous coming from Mr. Nochimson who filed a lawsuit against our previous Town Manager for calling him buddy boy. A lawsuit where the Township ended up paying Mr. Nochimson's legal fees to the tune of $3, A fact that has not been disclosed publicly until now. I have been appalled by the treatment of our citizens who dare to speak out against a position that Mr. Nochimson was not in favor of. One, Ms. Carrie Ford a previous council candidate, was berated by telephone calls early in the morning the Tuesday after council meetings and was told she was ugly in the back of the council chambers. Lastly, a local business owner who participated in the Festival of Bands at Verona High School on Oct. 14th was allegedly berated, threatened and told, You will never work in this town again, according to the police report filed that very day. I find this behavior reprehensible and not at all in character with who were are as Verona citizens. It is my hope that Mr. Nochimson can find a better way to represent us as Deputy Mayor. RESOLUTION No A motion was made by Councilman Giblin; seconded by Councilman Roman that the following resolution be adopted: AUTHORIZE BUDGET TRANSFERS BETWEEN APPROPRIATION ACCOUNTS PURSUANT TO N.J.S.A. 40a:40-1 WHEREAS, certain transfers of funds for various 2017 budget appropriations are necessary to cover anticipated expenditures; and WHEREAS, N.J.S.A. 40a:4-58 provides for transfer of appropriations with an excess over and above the amount deemed necessary to fulfil their purposes to those appropriations deemed to be insufficient; WHEREAS, the appropriations subject to fund transfers hereby are not within those restricted by N.J.S.A. 40a:4-58 for transfer purposes; NOW, THEREFORE BE IT RESOLVED, by the Mayor and Council of the Township of Verona that the Chief Financial Officer shall and is hereby authorized to make transfers between appropriation accounts of the 2017 Municipal Budget as follows: Title From To Water/Sewer Utility Bond Anticipation Note $4, Principal Water/Sewer Utility Note Interest $4, Swimming Pool Utility Bond Anticipation Note $1, Interest Swimming Pool Utility Note Interest $1,

5 RESOLUTION No A motion was made by Councilman Giblin; seconded by Councilman Roman that the following resolution be adopted: CANCELLATION - CURRENT FUND, WATER UTILITY & RECREATION UTILITY OPERATING BALANCES WHEREAS, it has been determined that proper fiscal budgetary practice requires cancellation of appropriation contained in the 2017 Current Fund, Water & Sewer Utility, & Swimming Pool Utility. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Verona, in the County of Essex, that the following appropriation 2017 Current Fund, Water/Sewer Utility & Swimming Pool Utility Budgets be cancelled to Fund Balance and the Chief Financial Officer is directed to make the appropriate Journal Entries: CURRENT FUND Social Security 75, Bond Anticipation Note Principal Bond Interest 4.55 Employee Health Benefits 50, Health Salaries and Wages 75, Tax Office Salaries and Wages 20, Rental of School Facilities 10, Electric and Gas 65, Street Lighting 25, Recycling Other Expenses 25, General Insurance 20, Total Current Fund $ 365, WATER & SEWER UTILITY Bond Anticipation Note Principal: $ 34, Bond Anticipation Note Interest: Loan Principal and Interest: 7, Electric and Gas: 75, Repairs and Parts 25, Sewer Salary and Wages 50, Total Water and Sewer Utility $ 192, SWIMMING POOL UTILITY Bond Anticipation Note Principal: $ 18, Salary and Wage: 30, Total Swimming Pool Utility $48, RESOLUTION No A motion was made by Councilman Giblin; seconded by Councilman Roman that the following resolution be adopted: AUTHORIZING THE INSERTION INTO THE FY2017 MUNICIPAL BUDGET PURSUANT TO N.J.S.A. 40A:4-87 (CHAPTER159, P.L. 1948) OF A SPECIAL ITEM OF REVENUE IN THE FORM OF A STATE OF NEW JERSEY PEDESTRIAN SAFETY GRANT 5

6 WHEREAS, N. J. S. A. 40A:4-87 provides that The Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such items shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget; and, WHEREAS, said Director may also approve the insertion of an item of appropriation for an equal amount; and WHEREAS, The Township of Verona has received $10, from the State of New Jersey, Division of Highway and Traffic Safety, Pedestrian Safety Grant and wishes to amend its 2017 Municipal Budget to include this amount as a revenue. NOW, THEREFORE, BE IT RESOLVED, that The Mayor and Council of the Township of Verona, County of Essex hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2017 in the sum of $10, which is now available as revenue from: Miscellaneous Revenues - Section F: Special Items of General Revenue Anticipated with Prior Written Consent of Director of Local Government Services - Public and Private Revenues Offset with Appropriations: Pedestrian Safety Grant BE IT FURTHER RESOLVED, that the like sum of $10, be and the same is hereby appropriated under the caption of: General Appropriations: (A) Operations - Excluded from CAPS - Public and Private Revenues Offset with Appropriations: Pedestrian Safety Grant BE IT FURTHER RESOLVED that a copy of this Resolution will be electronically filed with the Director of Local Government Services for approval. RESOLUTION No A motion was made by Councilman Giblin; seconded by Councilman Roman that the following resolution be adopted: AUTHORIZE TOWNSHIP ENGINEER TO ENDORSE WWTP APPLICATION FOR A MECHANICAL BAR SCREEN REPLACEMENT PROJECT WHEREAS, wastewater contains large solids and grit that can interfere with treatment processes or cause undue mechanical wear and increased maintenance on wastewater treatment equipment; and WHEREAS, preliminary treatment removes these constituents from the influent wastewater; and WHEREAS, preliminary treatment consists of screening, grit removal, septage handling, odor control, and flow equalization; and WHEREAS, screening is the first unit operation used at wastewater treatment plants (WWTPs) and such screening removes objects such as rags, paper, plastics, and 6

7 metals to prevent damage and clogging of downstream equipment, piping, and appurtenances; and WHEREAS, the mechanical bar screens have reached the end of their useful life and undergo frequent repairs. NOW, THEREFORE, BE IT RESOLVED, the Township Engineer is hereby authorized and directed to endorse the Wastewater Treatment Plant s Application (TWA) for the Mechanical Bar Screen Replacement Project located at the Verona Wastewater Treatment Plant in accordance with the requirements of the NJDEP on Tax Map Block 1201 Lot 1, 10 Commerce Court, Verona, NJ and secure all other necessary permits and pay all required fees. RESOLUTION No A motion was made by Councilman Giblin; seconded by Councilman Roman that the following resolution be adopted: AUTHORIZING TOWNSHIP ENGINEER TO ENDORSE THE SANITARY SEWER EXTENSION PERMIT TWA TO SERVICE HILLTOP PARCEL 3, BOROUGH OF NORTH CALDWELL AND RPM DEVELOPMENT GROUP WHEREAS, the proposed RPM Development (Hilltop Parcel 3) in the Borough of North Caldwell, a development located within Block 101/Lot 3.02 in the Borough of North Caldwell, Essex County, New Jersey is located within the Township of Verona s 208 Wastewater Management Plan; and WHEREAS, the proposed development will include 52 equivalent units residential townhomes which will require connection into the Township of Verona s wastewater system; and WHEREAS, a Sanitary Sewer Extension Permit by the New Jersey Department of Environmental Protection is required for Treatment Works Approval. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Verona, in the County of Essex, New Jersey that the Township Engineer is hereby authorized and directed to endorse the Sanitary Sewer Extension Permit Application TWA to service Hilltop Parcel 3, located within Block 101/Lot 3.2 in the Borough of North Caldwell, Essex County, New Jersey. BE IT FURTHER RESOLVED that RPM Development Group shall secure all necessary permits and pay all connection fees in accordance with the Code of the Township of Verona. RESOLUTION No A motion was made by Councilman Giblin; seconded by Councilman Roman that the following resolution be adopted: 7

8 REFUNDING TAX LIEN REDEMPTION WHEREAS, property located at 13 Hillcrest Terrace, Block 706 Lot 19, owned by Robert Smith has been held in tax lien since December 3, 2015; and WHEREAS, payment was received, in the amount of $31, from Vested Land Services, LLC, 165 Passaic Avenue, Suite 101, Fairfield, NJ 07004, clearing the lien as follows: Certificate # Certificate $8, % Redemption Penalty Recording Fee Due Diligence $8, Taxes plus Interest $8, Water/Sewer plus Interest $ Taxes plus Interest $7, Taxes plus Interest $5, Total $31, WHEREAS, this certificate has been held by the Township of Verona and the certificate has been received and properly signed for cancellation. NOW, THEREFORE, BE IT RESOLVED, that the Chief Financial Officer and Tax Collector be authorized to refund, from Trust, $31, to: D1 Softball Clinic, LLC 20 Glenside Terrace Montclair, NJ and send the cancelled certificate to: Vested Land Services, LLC Attn. Lisa LaMorticella 165 Passaic Avenue, Suite 101 Fairfield, NJ Trust Check D1 Softball Clinic, LLC $31, TTL # Trust Check D1 Softball Clinic, LLC $24, Premium RESOLUTION No A motion was made by Councilman Giblin; seconded by Councilman Roman that the following resolution be adopted: REFUNDING ESCROW PAYMENT 8

9 WHEREAS, Escrow fees, for the Board of Adjustment, were received from The Children s Institute, for property located at 1 Sunset Avenue and the fees have been held in Trust; and WHEREAS, certification has been received from the Engineer to release these funds, from Trust, as follows: ESCROW AMOUNT TO BE AMOUNT REFUNDED $2, $2, NOW, THEREFORE, BE IT RESOLVED, that the Chief Financial Officer/Tax Collector be authorized to refund, from the Trust Account, $2, to: Children s Institute 1 Sunset Avenue Verona, NJ RESOLUTION No A motion was made by Councilman Giblin; seconded by Councilman Roman that the following resolution be adopted: REFUNDING ESCROW PAYMENT WHEREAS, Escrow fees, for the Board of Adjustment, were received from SSBMW, LLC, for property located at 155 Pompton Avenue and the fees have been held in Trust; and WHEREAS, certification has been received from the Engineer to release these funds, from Trust, as follows: ESCROW AMOUNT TO BE AMOUNT REFUNDED $ $ NOW, THEREFORE, BE IT RESOLVED, that the Chief Financial Officer/Tax Collector be authorized to refund, from the Trust Account, $ to: SSBMW, LLC 155 Pompton Avenue, Suite 204 Verona, NJ RESOLUTION No A motion was made by Councilman Giblin; seconded by Councilman Roman that the following resolution be adopted: REFUNDING ESCROW PAYMENT 9

10 WHEREAS, Escrow fees, for the Planning Board, were received from Gertrude Janett, for properties located at & 538 Bloomfield Avenue and the fees have been held in Trust; and WHEREAS, certification has been received from the Engineer to release these funds, from Trust, as follows: ESCROW AMOUNT TO BE AMOUNT REFUNDED $1, $1, NOW, THEREFORE, BE IT RESOLVED, that the Chief Financial Officer/Tax Collector be authorized to refund, from the Trust Account, $1, to: Gertrude Janett c/o Steve Janett 8 Ravine Road Verona, NJ RESOLUTION No A motion was made by Councilman Giblin; seconded by Councilman Roman 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 Mayor and 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. Contract Negotiations pursuant to N.J.S.A. 10:4-12(7) b. Pending Litigation pursuant to N.J.S.A. 10:4-12(7) 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. 4. This resolution shall take effect immediately. 10

11 New Business: Matthew Cavallo reports that several municipalities in NJ have adopted a resolution memorializing their commitment to the Paris Climate Change Accord. Mayor Ryan states the Township already subscribes to the goals in the agenda. After council discussion, it is determined that the resolution will be on the next meeting agenda for adoption. The Mayor addresses a concern. He states that his Facebook page is not a good place for the public to lodge a complaint, as he does not view his page regularly. The Township website has a contact section where residents can submit queries to the governing body. The Mayor states the Council has received a few anonymous letters citing various issues. He states that this Council will not respond to anonymous complaints. Public Participation: Andrew O Toole, 300 Claremont Avenue, C-7, Verona, New Jersey Richard Aloia, 37 Malvern Place, Verona, New Jersey Jessica Pearson, 20 Montclair Avenue, Verona, New Jersey Adjournment: Motion to adjourn the public meeting at 9:55 is moved by Councilman McEvoy; seconded by Councilman Giblin. Vote: 5 ayes. The next regular scheduled meeting is December 18, 2017 at 7:00 p.m. Respectfully submitted, Jennifer Kiernan Jennifer Kiernan, Municipal Clerk Kevin Ryan Kevin Ryan, Mayor 11

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