COUNCIL AGENDA. REGULAR MEETING 7:00 P.M. April 18, 2016 Municipal Building, 600 Bloomfield Avenue

Transcription

1 COUNCIL AGENDA REGULAR MEETING 7:00 P.M. April 18, 2016 Municipal Building, 600 Bloomfield Avenue ### Consent Agenda A. CALL TO ORDER Open Public Meetings Act Compliance Statement B. ROLL CALL C. PLEDGE OF ALLEGIANCE D. MAYOR SREPORT Arbor Day Proclamation Julius N. Coltre, Essex County Liaison E. REPORT OF MANAGER Essex County Surrogate Theodore N. Stephens, II F. COUNCILMEMBERS REPORTS G. HEARING ON ADOPTION OR AMENDMENT OF ORDINANCES H. PROPOSED ORDINANCES Ordinance #10-16 CAP Ordinance CONSENT AGENDA ### I. MINUTES March 21, 2016 March 31, 2016 April 4, 2016

2 AGENDA - MAYOR AND COUNCIL April 18, 2016 ### J. PROPOSEDRESOLUTIONS Allowing Councilman Roman to Conference Call into Meeting Via Telephone Self Examination of Budget Temporary Appropriations for Operating Expenses Health Benefit Reimbursement Establish Deferred School Tax Tax Lien Redemption Tax Lien Redemption Executive Session ### K. LICENSES AND PERMITS RA #840 OLL HSA Off Premise 50/50 RA #841 OLL HSA On Premise Merchandise RA #842 First Friends of NJ/NY On Premise Merchandise RA #843 First Friends of NJ/NY On Premise 50/50 L. NEW BUSINESS Introduction of 2016 Municipal Budget M. PUBLIC COMMENT N. EXECUTIVE SESSION \ O. ADJOURNMENT Township of Verona Page 2

3 Minutes of a Regular Meeting of the Verona Township Council on Monday, April 18, 2016 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 Bob Manley and. Councilman Jay Sniatkowski. Township Manager Matthew Cavallo, Township Attorney Brian Aloia and Jennifer Kiernan, Municipal Clerk are also present. Councilman Alex Roman is not present on the dais but is participating via conference call. Township Attorney Brian Aloia states that the Open Public Meetings Act allows for telephonic attendance by council people. In the future, the Township can create rules and procedures for telephonic conferencing but at this time Verona has no documented process. Mayor Ryan leads the Pledge of Allegiance. Approval of Minutes: Minutes from the March 21 and, March 31, 2016 meetings are moved for approval by Councilman Sniatkowski; seconded by Mayor Ryan. Vote: 5 ayes. Minutes from the April 4, 2016 meeting are moved for approval by Councilman Sniatkowski; seconded by Mayor Ryan. Deputy Mayor Nochimson abstains as he was not present for the April 4, 2016 meeting. Mayor s Report: Members of the Shade Tree Commission approach the lectern as Mayor Ryan reads an Arbor Day Proclamation. Members Bob Boeck and Teena Schwartz and Chairperson Bob Dickison thank Mayor Ryan and the Council. Mayor Ryan invited Essex County Liaison Julius Coltre to the lectern. Mr. Coltre reports that the Savannah Café at the Turtle Back Zoo will hold its Grand Opening on April 28, The Giraffe Exhibit at the Zoo will hold a ribbon cutting ceremony on May 10, The Fishing Derby will be held in Verona Park on May 19, All members of the public are invited. Essex County Parks Director Daniel Salvante has organized a community clean-up of Verona Park this coming weekend. The Essex County Job Fair will be held in the Essex County College Gymnasium on May 26, 2016 from 10:00 am 3:00 p.m. More information can be found on the Essex County College website. Mayor Ryan reports that Congressman Frelinghuysen will host the 11 th Congressional District Service Academy Night. Interested parties can meet representatives and cadets from the U.S. Naval, Military, Air Force, Coast Guard and Merchant Marine Academies on May 2, 2016 at West Essex Regional High School from 7:00 p.m. 9:00 p.m. Manager s Report: Matthew Cavallo introduces Essex County Surrogate Theodore N. Stephens, II who approaches the lectern and explains the services a Surrogate provides including probate of wills, nonwill estates, guardianships, etc. He announces the opening of a satellite office at the Park/Ride facility of the Codey Arena complex. The office will be opened once per month, by appointment only. Volunteers are needed to work in conjunction with the Surrogate and Superior Court. The website is Mr. Cavallo reports the library construction is continuing on schedule. In the weeks ahead furniture will be delivered for the Children s Room and construction will begin continue on the adult reading section. Online Pool registration has begun. Mr. Cavallo reports that in just 15 days, membership has exceeded $100,000. 1

4 The turf at Freedom Field is in. Site improvements will continue over the next couple weeks. The target date for completion is May 15 th. Mr. Cavallo announces the 2016 Municipal Budget is on the agenda for approval tonight. Upon approval the public hearing will be held during the May 16, 2016 meeting of the governing body at 7:00 p.m. There was a minor Haz-Mat spill last Thursday evening. About 5 gallons of diesel fuel spilled. The Verona Fire Department and Building Inspector contacted the Essex County Hazardous Material Department. The Department of Environmental Protection took control and placed booms in the Peckman River. The booms have been removed as of today. Site remediation will take place on the resident s property. This matter is now being handled by DEP. Councilmembers Reports: Councilman Roman has disconnected from the meeting at 7:28 p.m. due to technical difficulties. Deputy Mayor Nochimson reports the 7 th grade Suburban girls basketball team will be present at the next meeting in honor of their championship season. He applauds the Township Manager and Mayor for issuing a $500 reward for any information leading to the identification, arrest and conviction of the person or persons responsible for the vandalism of Liberty Field and Hilltop Recreation Complex. He comments that the VBSL Parade this weekend went well. He extends his thanks to the DPW, PD and VBSL but suggests that due to the growing participation in the Spring sports programs in the Township the Deputy Mayor suggests the President of the VBSL include Lacrosse and other sports in the parade especially if the Township is supporting the Parade with DPW and the Police Department. Councilman Sniatkowski comments that real estate signs are frequently placed in public right of ways, or others places conflicting with the Town s code. He requests to either update the code regarding the placement of real estate signs. He states the code should either be enforced or the Code amended. The Town Manager will consult with the Code Enforcement Officer and report back. The VHS Alumni Hall of Fame Dinner will be held this Wednesday at 6:00 p.m. at the Villa at Mountain Lakes. Councilman Manley thanks VBSL President Rich Williamson and all those involved in the VBSL Parade. He asks if there is a way to create an access to Municipal Lot #2 from Gould Street. Police Chief Mitchell Stern states the bank parking lot separate the Municipal Lot and Gould Street but he will look into it. COUNTY OF ESSEX, NEW JERSEY ORDINANCE# ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK The Municipal Clerk reads Ordinance #10-16 by title into record. The Township Manager explains that the appropriations cap is 2%. In regards to this year s proposed budget, the Township is nowhere near that. The proposed budget for 2016 is 0.0%. However, the NJ Legislature has decided that municipalities can exceed the 2% cap if an ordinance is adopted, and can go up to 3.5%. Any unused portion of the 3.5% can be banked for an additional 2 years. He explains this is simply a housekeeping item, done by every municipality. 2

5 Motion for introduction of Ordinance #10-16 is moved by Councilman Manley; seconded by Mayor Ryan. Ordinance #10-16 is approved on introduction. It will be published according to law and a public hearing will be held on May 16, RESOLUTION No A motion was made by Councilman Sniatkowski; seconded by Mayor Ryan that the following resolution be adopted: SELF-EXAMINATION OF BUDGET RESOLUTION WHEREAS, N.J.S.A. 40A:4-78b has authorized the Local Finance Board to adopt rules that permit municipalities in sound fiscal condition to assume the responsibility, normally granted to the Director of the Division of Local Government Services, of conducting the annual budget examination; and WHEREAS, N.J.A.C. 5:30-7 was adopted by the Local Finance Board on February 11, 1997; and WHEREAS, pursuant to N.J.A.C. 5: through 7.5, the Township of Verona has been declared eligible to participate in the program by the Division of Local Government Services, and the Chief Financial Officer has determined that the local government meets the necessary conditions to participate in the program for the 2016 budget year. NOW THEREFORE BE IT RESOLVED by the governing body of the Township of Verona that in accordance with N.J.A.C. 5:30-7.6a & 7.6b and based upon the Chief Financial Officer's certification, the governing body has found the budget has met the following requirements: 1. That with reference to the following items, the amounts have been calculated pursuant to law and appropriated as such in the budget a. Payment of interest and debt redemption charges b. Deferred charges and statutory expenditures c. Cash deficit of preceding year d. Reserve for uncollected taxes e. Other reserves and non-disbursement items f. Any inclusions of amounts required for school purposes 2. That the provisions relating to limitation on increases of appropriations pursuant to N.J.S.A. 40A: and appropriations for exceptions to limits on appropriations found at N.J.S.A. 40A: et seq., are fully met (complies with CAP Law). 3. That the budget is in such form, arrangement, and content as required by the Local Budget Law and N.J.A.C. 5:30-4 and 5: That pursuant to the Local Budget Law: a. All estimates of revenue are reasonable, accurate and correctly stated, b. Items of appropriation are properly set forth c. In itemization, form, arrangement and content, the budget will d. permit the exercise of the comptroller function within the municipality 3

6 5. The budget and associated amendments have been introduced and publicly advertised in accordance with the relevant provisions of the Local Budget Law, except that failure to meet the deadlines of N.J.S.A. 40A:4-5 shall not prevent such certification. 6. That all other applicable statutory requirements have been fulfilled. BE IT FURTHER RESOLVED that a copy of this resolution will be forwarded to the Director of the Division of Local Government Services upon adoption. RESOLUTION No A motion was made by Councilman Sniatkowski; seconded by Mayor Ryan that the following resolution be adopted: TEMPORARY APPROPRIATIONS FOR OPERATING PURPOSES WHEREAS, no adequate provision has been made in the 2016 Temporary Budget for the aforesaid purpose, and N.J.S.A. 40A:4-20 provides for the creation of an Emergency Temporary Appropriation for the purpose mention above. NOW, THEREFORE, BE IT RESOLVED (not less than two-thirds of all members thereof affirmatively concurring) that pursuant to N.J.S.A. 40A:4-20 an emergency temporary appropriation be and the same is hereby made for: CURRENT APPROPRIATIONS - $4,168, Details Attached WATER/SEWER UTILITY - $1,090, Details Attached BE IT FURTHER RESOLVED the said emergency temporary appropriations will be provided for in the 2016 Budget under the title of same. BE IT FURTHER RESOLVED that the Chief Financial Officer is hereby directed to file a certified copy of the resolution with the Director of the Division of Local Government Services. RESOLUTION No A motion was made by Councilman Sniatkowski; seconded by Mayor Ryan that the following resolution be adopted: HEALTH BENEFIT REIMBURSEMENT and WHEREAS, employee # was hired by the Township of Verona on November 6, 1985; 4

7 WHEREAS, after 21 years of service for the Township of Verona, on February 1, 2006, employee # retired; and WHEREAS, the collective bargaining agreement between the Union, in which employee # was a member, and the Township, required the Township to pay a prorated amount of the premium of certain employees health benefits coverage depending upon the number of years of service with the Township upon retirement; and WHEREAS, based upon employee # s 21 years of service, the Township is responsible to pay 75% of the employee s health benefit premium, with 25% of the premium being paid by the employee; and WHEREAS, upon employee # s retirement, the State did not allow the Township to pay the 75% of the employee s health benefit premium directly to the State, and therefore, the Township has been reimbursing the employee for the Township s 75% contribution of the cost of the employee s health benefit premium; and WHEREAS, the circumstances of this ongoing and continuing reimbursement was never memorialized by the Township; and WHEREAS, the Township Manager and Township Attorney have reviewed this matter and have concluded that a formal resolution memorializing the circumstances of the reimbursement and formally authorizing the continued payment of the reimbursement as described herein is appropriate. NOW THEREFORE BE IT RESOLVED, by the Mayor and Council of the Township of Verona, that the Township Manager is hereby authorized to ensure that employee # is continually reimbursed for health care premiums as described herein and required by contract. RESOLUTION No A motion was made by Councilman Sniatkowski; seconded by Mayor Ryan that the following resolution be adopted: DEFERRED LOCAL DISTRICT SCHOOL TAX WHEREAS, the local school district tax that was raised in 2015 was the sum of $32,855,808.00; and WHEREAS, the statutes permit the deferral of the cash liability of the school tax up to 50% of the fiscal year school tax levy; NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Township of Verona that the cash liability for the local school district tax be deferred in the sum of $9,234,

8 BE IT FURTHER RESOLVED that two certified copies of this resolution be filed with the Director of the Division of Local Government Services and one copy with the Chief Financial Officer of the Township of Verona. RESOLUTION No A motion was made by Councilman Sniatkowski; seconded by Mayor Ryan that the following resolution be adopted: RESOLUTION REFUNDING TAX LIEN REDEMPTION WHEREAS, property located at 19 Mt. Prospect Avenue, Block 10 Lot 18, owned by Jorge & Vivian Hernandez, has been held in tax lien since December 3, 2015; and WHEREAS, payment was received, in the amount of $1, from Corelogic 1 Core Logic Drive West Lake, Texas 76262, clearing the lien as follows: Certificate # Certificate Penalty 2% 4.25 Recording Fee Due Diligence $ Water/Sewer plus Interest $ st Quarter Water/Sewer plus Interest $ $1, Premium (Held in Trust) $ Total $1, WHEREAS, this certificate has been held by us Bank Cust for ProCap 4 & Crdtrs 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, $1, to: US Bank Global Corporate Trust Services Tax Lien Services Group 50 South 16 th Street, Suite 2050 Philadelphia, PA and send the cancelled certificate to: CoreLogic 1 Core Logic Drive West Lake, TX

9 Trust Check US Bank Cust for ProCap 4 $1, TTL # Trust Check US Bank Cust for ProCap 4 $ Premium Fiscal Impact Outside holder has paid all bills. Owner has redeemed redemption is made through the Municipality and these monies are due back to the outside holder. Outside holder is entitled to interest charges by Municipality. Due Outside Holder $1, RESOLUTION No A motion was made by Councilman Sniatkowski; seconded by Mayor Ryan that the following resolution be adopted: RESOLUTION REFUNDING TAX LIEN REDEMPTION WHEREAS, property located at 6 Morningside Road, Block 98 Lot 1, owned by Erick & Marie Brice, has been held in tax lien since December 3, 2015; and WHEREAS, payment was received, in the amount of $2, from Corelogic 1 Core Logic Drive West Lake, Texas 76262, clearing the lien as follows:certificate # Certificate Penalty 2% Recording Fee Due Diligence $ Water/Sewer plus Interest $ Maintenance Liens plus Interest $ $2, Premium (Held in Trust) $ Total $2, WHEREAS, this certificate has been held by us Bank Cust for ProCap 4 & Crdtrs and the certificate has been received and properly signed for cancellation, 7

10 NOW, THEREFORE, BE IT RESOLVED, that the Chief Financial Officer and Tax Collector be authorized to refund, from Trust, $2, to: US Bank Global Corporate Trust Services Tax Lien Services Group 50 South 16 th Street, Suite 2050 Philadelphia, PA and send the cancelled certificate to: CoreLogic 1 Core Logic Drive West Lake, TX Trust Check US Bank Cust for ProCap 4 $2, TTL # Trust Check US Bank Cust for ProCap 4 $ Premium Fiscal Impact Outside holder has paid all bills. Owner has redeemed redemption is made through the Municipality and these monies are due back to the outside holder. Outside holder is entitled to interest charges by Municipality. Due Outside Holder $2, WHEREAS, this certificate has been held by us Bank Cust for ProCap 4 & Crdtrs 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, $2, to: US Bank Global Corporate Trust Services Tax Lien Services Group 50 South 16 th Street, Suite 2050 Philadelphia, PA and send the cancelled certificate to: CoreLogic 1 Core Logic Drive West Lake, TX Trust Check US Bank Cust for ProCap 4 $2, TTL # Trust Check US Bank Cust for ProCap 4 $ Premium Fiscal Impact Outside holder has paid all bills. Owner has redeemed redemption is made through the Municipality and these monies are due back to the outside holder. Outside holder is entitled to interest charges by Municipality. Due Outside Holder $2,

11 New Business: RESOLUTION No A motion was made by Deputy Mayor Nochimson; seconded by Councilman Sniatkowski that the following resolution be adopted: 2016 MUNICIPAL BUDGET Mayor Ryan states it has been brought to his attention that the Essex County Board of Elections received a request to move the polling location of District 1 to Claridge House II. He had suggested the Town Manager consult with the Police Chief for concerns. After consulting with the Township Attorney, the Mayor has drafted a resolution opposing the move and reads the resolution in full to the public and Council. Council discussion ensues. RESOLUTION No A motion was made by Mayor Ryan; seconded by Deputy Mayor Nochimson that the following resolution be adopted: RESOLUTION OPPOSING THE POLLING SITE CHANGE TO DISTRICT 1 WHEREAS, the Mayor and Council of the Township of Verona recognize that the County Board is considering the use of the Claridge House II as a polling location; WHEREAS, the Mayor and Council recognize that there has been a request to consider the site as a polling location; and WHEREAS, the Mayor and Council hereby respectfully place the County Board on notice that the Mayor and Council do not support the use of the Claridge House II as a polling location; and WHEREAS, the Mayor and Council s objections to using the Claridge House II as a polling location include, but are not limited to, the following: 1. Claridge House II is a private luxury high-rise condominium building and visitor parking is limited to one small area lot (the residents have a valet parking service); and 2. The visitors parking area has no handicapped parking spaces; and 3. After parking their vehicles in the visitor lot, voters would be required to walk up a steep grade to the entrance of the building, which has a roundabout in the front of it that receives residents vehicles for valet parking as well as cars being brought to the front entrance for resident departure, all of which could create a confusing and hazardous situation; and 4. Claridge Drive, the long road leading to the site, is a private roadway, and therefore, the Township has no control over snow removal and ice control efforts; and 9

12 5. Claridge Drive is the equivalent of a cul-de-sac, with only one way in and out which could result in traffic congestion issues; and 6. Claridge Drive has a very steep and curved grade, which could possibly deter voters from traversing the roadway; and 7. There does not appear to be any on-street parking, and there are no sidewalks along the roadway if street parking were to be permitted on a temporary basis. WHEREAS, voting for District 1 has historically taken place at the Laning Avenue School (a public school) and N.J.S.A. 19:8-2 requires preference be given to schools and other public buildings; and WHEREAS, voting at the Laning Avenue School has historically occurred without incident or complaint. NOW THEREFORE BE IT RESOLVED, that the Mayor and Council of the Township of Verona hereby request that the County Board once again designate that the voting for District 1 remain at the Laning Avenue School, and further, respectfully object to the County designating the Claridge House II as a public voting location. BE IT FURTHER RESOLVED, that the Township Clerk is hereby directed to forward a copy of this certified resolution to the Clerk of the Essex County Board of Elections. AYES: Manley, Nochimson, Ryan ABSTAIN: Sniatkowski Public Participation: Ben Blinder, 203 Fairview Avenue, Verona, New Jersey Richard Aloia, 37 Malvern Place, Verona, New Jersey Jessica Pearson, 20 Montclair Avenue, Verona, New Jersey Adjournment: Motion to adjourn the meeting at 8:42 p.m. is moved by Councilman Manley; seconded by Councilman Snitakowski. Vote: 4 ayes. The next regular scheduled meeting is Monday, May 2, 2016 at 7:00 p.m. Respectfully submitted, Jennifer Kiernan Kevin Ryan Jennifer Kiernan, Municipal Clerk Kevin Ryan, Mayor 10