Minutes of a Regular Meeting of the Verona Township Council on Monday, November 21, 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 Jay Sniatkowski; Councilman Bob Manley and Councilman Alex Roman. Township Manager Matthew Cavallo, Township Attorney Brian Aloia and Jennifer Kiernan, Municipal Clerk are also present Mayor Ryan leads the Pledge of Allegiance. Mayor s Report: Mayor Ryan invites the Verona Chapter of UNICO members who are present to the lectern. John Alatti and Michael Ruglio inform the Council of their mission, achievements, sponsorships and goals of UNICO. They will hold a traditional Italian dinner at the Holy Episcopal Church in Verona on January 29, 2017 at 1:00 p.m. Mayor Ryan welcomes County Liaison Jay Coltre to the lectern. Mr. Coltre announces the opening of Holiday Lights at the Turtle Back Zoo. He also reports that the Zoo is soliciting for volunteers to provide educational instruction to visitors. Mr. Coltre also responds to Deputy Mayor Nochimson s inquire about sealing the roadway of Bloomfield Avenue. Mr. Coltre reports the County will look at that issue in Spring of 2017. Mayor Ryan thanks Senator Pennachio for attending Verona s annual Veteran s Day Ceremony on November 11 th. The Ceremony was well attended. He thanks the VHS students who participated and Building and Grounds along with DPW for helping out. The Mayor attended the Interfaith Thanksgiving Prayer service with the Church of the Holy Spirit, Congregation Beth Ahm, the Verona United Methodist Church, the First Presbyterian Church and Our Lady of the Lake Church. Mayor Ryan begins to give an update of the Fair Share Act. Mayor Ryan explains that a resolution supporting the Fair Housing Act is on this evening s agenda. A NJ Supreme Court ruling stated that communities were not offering enough affordable housing. For many years Verona has submitted Hillwood apartments as affordable housing and was under the impression that it was acceptable housing offered to low income residents under the State s rules. Township Attorney Brian Aloia advises the Mayor to proceed with caution and not to delve into details. Stating the Council knows no details, the Mayor informs the public that the Township is not sure of their obligation, as is the case in many municipalities, and are awaiting the outcome of two bills currently in the State Legislature. Manager s Report: Mr. Cavallo asks Township Engineer Jim Helb to approach the lectern to discuss the Community Development Block Grant. Mr. Helb reports that the Township has been participating in the program for 37 years and has received close to $7 million in grants, all of which has been utilized. Tonight he presents a listing of the Township s past accomplishments with the CDBG and a look at projects he has identified in accordance with the 2010 census. He reports there is a limited pool of 1
money allotted by Congress over the years. Many of the Township s street projects are no longer supported by HUD, therefore the only target area remains Linn Drive. Public Participation: Jessica Pearson, 20 Montclair Avenue, Verona, NJ Councilmembers Reports: Deputy Mayor Nochimson asks the Town Manager if the website is fully up and running. He requests a general comment section for suggestions by residents. He states a jitney survey conducted by the Township a year ago yielded 300 positive responses. Mr. Cavallo adds that two buses will be necessary in case of mechanical failure. The cost for implementation and acquirement of 2 buses is about $250,000 which would cost riders $3.50 each day and about 275 riders are needed to sustain the program. Another survey will be placed on the website to gauge the resident s interest. The Deputy Mayor suggests putting a stairway in on the slope of Liberty Field from White Rock Road near Centennial Field. Mr. Cavallo will look into options and pricing. Councilman Sniatkowski suggests putting up a fence instead of stairs to reduce costs. He states a sidewalk exists for people to access Liberty Field. He reminds the pubic that the Fair in the Square will take place on Saturday, December 3 rd from 12 5 p.m. He congratulates the Verona Boys Soccer team for their Group 1 State Co- Championship title with Haddonfield Township. Councilman Manley echoes the remarks of Councilman Sniatkowski and congratulates the Verona Boys Soccer Team. He reminds the public that the Rescue Squad is in the middle of the fundraising program and are $5,000 down from this time last year. To date only 22% of residents have contributed. Councilman Roman states he attended the Senate and Assembly Leadership Session about State funding to schools. There was discussion among leadership to change the school funding formula. Senate Minority Leader, Tom Kean plans on discussing this further in February 2017. Councilman Roman publicly encourages both sides to resolve their differences and meet in the middle. ORDINANCE NO. 27-16 AN ORDINANCE TO AMEND AND SUPPLEMENT THE GAMES OF CHANCE ORDINANCES OF THE CODE OF THE The Municipal Clerk reads Ordinance #27-16 by title into record. Mr. Cavallo explains the ordinance appoints the Township Clerk as the issuing authority for the purposes of Raffle/Bingo licenses. This change is being proposed to streamline the process for not-for-profit groups in Town to obtain raffle and bingo licenses. This change will allow for last-minute licenses applied by the groups to be processed by the NJ Legalized Games of Chance and Control Commission and issued to the Township in shorter timeframes (in some cases up to 15 days shorter). Public Participation: None. Council Discussion: None. 2
Motion to introduce Ordinance #27-16 is moved by Councilman Roman; seconded by Councilman Sniatkowski. AYES: Manley, Roman, Sniatkowski, Nochimson, Ryan Ordinance #27-16 is adopted and will be published according to law. ORDINANCE #28-16 BOND ORDINANCE PROVIDING FOR ARCHITECTURAL WORK FOR PHASE II OF THE LIBRARY RENOVATIONS IN AND BY THE, IN THE COUNTY OF ESSEX, NEW JERSEY, APPROPRIATING $235,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $223,000 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF. The Municipal Clerk reads Ordinance #28-16 by title into record. Township Manager Matthew Cavallo explains this ordinance covers the geological testing, engineer and architect work required to create bid for the next phase of the Library renovations. Motion for introduction of Ordinance #28-16 is moved by Deputy Mayor Nochimson; seconded by Councilman Roman. AYES: Manley, Roman, Sniatkowski, Nochimson, Ryan Ordinance #28-16 is approved on introduction. It will be published according to law and a public hearing will be held on December 5, 2016. ORDINANCE NO. 29-16 AN ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER 140 (VEHICLES AND TRAFFIC) OF THE CODE OF THE TOWNSHIP OF VERONA The Municipal Clerk reads Ordinance #29-16 by title into record. Township Manager Matthew Cavallo explains that the Police Department received a request for a designated handicap parking spot on Fairview Avenue. This ordinance officially adopts a spot in front of the residence allowing the Township to enforce if necessary. Motion for introduction of Ordinance #29-16 is moved by Councilman Sniatkowski; seconded by Councilman Manley. AYES: Manley, Roman, Sniatkowski, Nochimson, Ryan Ordinance #29-16 is approved on introduction. It will be published according to law and a public hearing will be held on December 5, 2016. 3
RESOLUTION No. 2016-149 REQUESTING PERMISSION FOR THE DEDICATION BY RIDER FOR OUTSIDE EMPLOYMENT OF OFF-DUTY MUNICIPAL POLICE OFFICERS WHEREAS, N.J.S.A. 40A:4-39 provides that a municipality may dedicate certain revenues in any budget when the character of the revenue is not subject to reasonable accurate estimate in advance by including in said budget a statement dedicating such revenues to the purpose or purposes for which they are received; and WHEREAS, Off-duty municipal police officers provide police services to businesses and residents within the Township; and WHEREAS, the Township anticipates receiving funds to pay the wages of these off-duty municipal police officers; and WHEREAS, N.J.S.A. 40A:4-39 provides that the Director of the Division of Local Government Services may approve expenditures of monies by dedication by Rider. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Verona, in the County of Essex, State of New Jersey, as follows: 1. In accordance with N.J.S.A. 40A:4-39, the Township hereby requests permission of the Director of the Division of Local Government Services to pay expenditures for the wages of off-duty municipal police officers. 2. The Township Clerk is hereby directed to forward two certified copies of this Resolution to the Director of the Division of Local Government Services. AYES: Manley, Roman, Sniatkowski, Nochimson, Ryan RESOLUTION No. 2016-150 SPECIAL ITEM OF REVENUE IN THE MUNICIPAL BUDGET PURSUANT TO N.J.S.A.40A:4-87 (CHAPTER 159 P.L. 1948) 4
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 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 $3,000 from FM Global Foundation to be used by the Verona Township Volunteer Fire Department for the purchase of fire prevention supplies and equipment and wishes to amend the 2016 Adopted Municipal Budget to include this amount as a revenue. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Verona, in the County of Essex, State of New Jersey hereby requests the Director of the Division of Local Government Services approve the insertion of an item of revenue in the budget of the year 2016 in the sum of $3,000.00, 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: Firefighter Equipment Grant BE IT FURTHER RESOLVED that the like sum of $3,000.00 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: Fire Prevention Equipment Grant. BE IT FURTHER RESOLVED that the Chief Financial Officer and the Township Clerk are hereby directed to electronically file a certified copy of this Resolution with the Division of Local Government Services for approval by the Director. RESOLUTION No. 2016-151 AUTHORIZING A "CHANGE FUND" FOR USE BY THE DEPARTMENT OF COMMUNITY SERVICES WHEREAS, the Chief Financial Officer has advised that a "Change Fund" is necessary for the purpose of making change for cash payments in the Department of Community Services; and 5
WHEREAS, the said Change Fund will be used for the sole purpose of making change and not for the purpose of paying bills. NOW, THEREFORE IT BE RESOLVED by the Mayor and Council of the Township of Verona, in the County of Essex, State of New Jersey that a Change Fund is hereby established in the following amount: Department Amount Community Services $50.00 BE IT FURTHER RESOLVED that the Change Fund shall be used for the sole purpose of making change and not for the purpose of paying any bills and said Change Funds are to have a constant balance in the amount in which they are established. BE IT FURTHER RESOLVED that the Chief Financial Officer shall make the appropriate adjustments and notations on his records for the purpose of establishing such Change Fund. RESOLUTION No. 2016-152 AUTHORIZING THE REFUND OF TAX PAYMENTS DUE TO TAX COURT JUDGEMENT BLOCK 2801/LOT 6 WHEREAS, the Township of Verona has received a Tax Court Judgment on Block 2801/Lot 6, commonly known as 256 Fairview Avenue, and WHEREAS, this Judgment has reduced the assessment on the property located at 256 Fairview Avenue in the year 2013 from 1,117,400 to 1,059,300, and WHEREAS, this reduction in assessment has caused an overpayment on the year 2013 in the amount of $1,627.38, and WHEREAS, this Judgment has also reduced the assessment on the property located at 256 Fairview Avenue in the year 2014 from 1,117,400 to 1,059,300, and WHEREAS, this reduction in assessment has caused an overpayment on the year 2014 in the amount of $1,711.63, and WHEREAS, the owner is entitled to a refund of overpayment due to the Tax Court Judgment. 6
NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the Township of Verona, in the County of Essex, State of New Jersey that the Chief Financial Officer and Tax Collector are hereby authorized to issue a refund to Davinder Kumar & Krishna Verma in the amount of $3,339.01. RESOLUTION No. 2016-153 Manley that the following resolution be adopted: AUTHORIZING THE REFUND OF TAX PAYMENTS DUE TO TAX COURT JUDGEMENT BLOCK 1702/LOT 13 WHEREAS, the Township of Verona has received a Tax Court Judgment on Block 1702/Lot 13, commonly known as 620 Bloomfield Avenue; and, WHEREAS, this Judgment has reduced the assessment on the property located at 620 Bloomfield Avenue in the year 2015 from $1,103,200.00 to $1,050,000.00; and, WHEREAS, this reduction in assessment has caused an overpayment on the year 2015 in the amount of $1,596.00; and, WHEREAS, this Judgment has also reduced the assessment on the property located at 620 Bloomfield Avenue in the year 2016 from $1,103,200.00 to $1,000,000.00; and, WHEREAS, this reduction in assessment has caused an overpayment on the year 2016 in the amount of $3,161.02; and, WHEREAS, the owner is entitled to a refund of overpayment due to the Tax Court Judgment. NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the Township of Verona, in the County of Essex, State of New Jersey that the Chief Financial Officer and Tax Collector are hereby authorized to issue a refund to New York Community Bank in the amount of $4,757.02. 7
RESOLUTION No. 2016-154 AUTHORIZING THE REFUND OF TAX PAYMENTS DUE TO DUPLICATE PAYMENT BLOCK 1306/LOT 28 WHEREAS, the Township of Verona received payment on October 20, 2016 for 4 th quarter taxes by Associated Title for Block 1306/Lot 28, commonly known as 8 Durrell Street; and, WHEREAS, the Township of Verona also received a payment on November 1 st for 4 th quarter taxes for credit on the same Block/Lot by Lereta LLC, Tax Services; and WHEREAS, this payment has resulted in a duplicate payment on the account; and, WHEREAS, Associated Title has requested the refund due to their payment was issued in error. NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the Township of Verona, in the County of Essex, State of New Jersey that the Chief Financial Officer and Tax Collector are hereby authorized to issue a refund to Associated Title in the amount of $2,862.12. RESOLUTION No. 2016-155 SUPPORT OF SENATE BILL S-2254 AND ASSEMBLY BILL A-3821 WHICH AFFIRMS THE LANGUAGE AND LEGISLATIVE INTENT OF THE FAIR HOUSING ACT WHEREAS, the Township of Verona supports the provision of affordable housing in a reasonable, rational and achievable way, consistent with economic realities and sound planning; and 8
WHEREAS, pursuant to the March 2015 New Jersey Supreme Court order which transferred oversight of the Fair Housing Act (FHA) to the courts, hundreds of municipalities filed declaratory judgment actions to voluntarily comply with their State imposed affordable housing requirements; and WHEREAS, in February, the Ocean County Superior Court included a distinct "gap period" analysis retroactively over an additional 16-year period, separate and apart from the normal 10 year present and prospective need; and WHEREAS, the Appellate Division recently in a unanimous decision overturned the February Ocean County Superior Court decision and held that municipalities are only responsible to address the ten year present and prospective need, not any "gap period" number; and WHEREAS, the New Jersey Supreme Court has, for the stated purposes of, "...judicial economy and efficiency based on the large number of actions involved. The Court makes no findings as to the reasonable probability of success on the merits, irreparable harm or the relative hardship to the parties, agreed to hear an appeal of the Appellate Division ruling in late November; and WHEREAS the Fair Housing Act (FHA) and existing case law, requires that "present and prospective fair share of the housing need in a given region... shall be computed for a 10-year period." N.J.S.A. 52:27D-307(c); and WHEREAS, the "gap issue" arises out of the inability of the New Jersey Council on Affordable Housing to promulgate third round regulations from 1999 to the present or make any final determination as to state and regional housing need, as well as constant litigation by certain groups; and WHEREAS, any retroactive "gap" obligations could have significant and unfunded impacts on municipalities, may double count households under both present and prospective need, and will likely result in forcing municipalities and their property taxpayers to subsidize development; and WHEREAS, this issue needs a resolution which provides both certainty and an achievable path forward so municipalities can proceed with planning for and implementing their affordable housing obligations; WHEREAS, Senate Bill S-2254, sponsored by Senators Greenstein and Bateman, and Assembly Bill A-3821, sponsored by Assemblymen DeAngelo and Benson, reaffirm the language and legislative intent of the Fair Housing Act, so as to preclude significant unfair impacts and instead further progress toward a more rational statewide housing policy, including reasonable and achievable obligations for municipalities, facilitate municipal compliance and the actual provision of affordable housing. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Verona, in the County of Essex, New Jersey strongly urges New Jersey Legislators to immediately reaffirm the language and legislative intent of the Fair Housing Act (FHA) and expressly clarify that the municipal affordable housing share is the sum of present and prospective need for the enumerated 10-year period. BE IT FURTHER RESOLVED that the Mayor and Council support Senate Bill S- 2254 and Assembly Bill A-3821. 9
BE IT FURTHER RESOLVED that the Township Clerk is hereby directed to forward copies of this resolution to the Governor, the Lieutenant Governor, the President of the New Jersey Senate, the Speaker of the New Jersey General Assembly, the Legislative Sponsors, Senator Joseph Pennacchio, Assemblywoman Betty Lou DeCroce, Assemblyman Jay Webber, Senator Jeff Van Drew, Senator Ronald Rice, Assemblyman Jerry Green and Assemblywoman Mila Jasey, the New Jersey League of Municipalities and the New Jersey Conference of Mayors. RESOLUTION No. 2016-156 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 exist. WHEREAS, this public body is of the opinion that such circumstances presently 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) 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: Gerry Shimonaski, 33 Kenwood Avenue, Verona, New Jersey Adjournment: 10
Council goes into Executive Session at 8:24 p.m. Motion to adjourn Executive Session and go into Public Session at 9:28 p.m. is moved by Councilman Manley; seconded by Deputy Mayor Nochimson. Vote: 5 ayes. The public meeting is adjourned at 9:20 p.m. The next regular scheduled meeting is Monday, December 5, 2016 at 7:00 p.m. Respectfully submitted, Jennifer Kiernan Kevin Ryan Jennifer Kiernan, Municipal Clerk Kevin Ryan, Mayor 11