Minutes of a Regular Meeting of the Verona Township Council on Monday, March 6, 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 Bob Manley and Councilman Alex Roman are present. Township Manager Matthew Cavallo, Township Attorney Brian Aloia and Jennifer Kiernan, Municipal Clerk are also present. Councilman Jay Sniatkowski is not in attendance this evening.
Verona Cub Scouts, Den 2, Pack 32 lead the Pledge of Allegiance.
Mayor’s Report:
Mayor Ryan speaks about the tragic accident Friday morning where two residents were struck by a vehicle on the corner of Pease and Lakeside Avenues. One victim, Megan E. Villanella succumbed to her injuries. Her brother was critically injured. Mayor Ryan calls Police Chief Mitchell Stern to the lectern. Chief Stern states he has received numerous emails about the incident. He states it is a fluid and fast moving investigation. No determination has been made at this time as to the cause of the accident. The investigation will conclude in due time as the Essex County Prosecutors Office and the Verona Detective Bureau continue to work to resolve the issue. The police department will continue with aggressive enforcement of traffic and vehicles laws.
Mayor Ryan calls for public participation on this topic only as he notes many residents are present this evening regarding this issue.
Virginia Russo – 7 Howard Street, Verona, NJ Carol and Philip Kirsch – 93 Cedar Street, Millburn, NJ Peter Till – 62 Lakeside Avenue, Verona, NJ
Mayor Ryan invites Essex County liaison, Julius Coltre to the lectern. Mr. Coltre states that the County Executive and Board of Chosen Freeholders send their condolences to the family of the victims of Friday’s incident.
Manager’s Report:
Mr. Cavallo reports the CFO has prepared budget worksheets as required by the Division of Local Government Services. The Annual Financial Statement was finalized today and will be posted on the Township website tonight or tomorrow. Figures regarding State Aid should be released by Friday. The 2017 Municipal Budget will be introduced at the next meeting on March 20th. Adoption will be April 17th.
Last week residents in the Forest Avenue section received correspondence from National Water Meter Services regarding the Township-wide program to upgrade water meters. The Township entered into a contract with National Water Meter Services after awarding the bid earlier this year.
Mr. Cavallo reminds the public that VMAC’s Family Night will be on March 23rd. The Verona Environmental Commission in cooperation with the Cedar Grove Environmental Commission and the Essex County Environmental Center will be conducting a cleanup of the West Essex Trail on Saturday, April
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1st from 9 a.m. to noon. More information to follow.
Councilmembers’ Reports:
Deputy Mayor Nochimson comments on the Hilltop Field change orders noting his displeasure with the cost being $400,000 more than expected.
He requests a diagram from Township Engineer Jim Helb for his request to install steps on the side of the hill leading from the road by Centennial Field up to Liberty Field.
He states Verona Boys basketball team is playing in the Group I North I finals tonight and wishes them luck.
The Deputy Mayor reminds the Council of his desire to mark Verona as a “Stigma Free Town”. He states he has received calls from members of the Board of Education, which is undertaking a similar program creating an environment where children feel welcome.
Councilman Manley echoes the Mayor’s comments about Friday’s accident. He states it is an unfortunate situation like this which heightens ours vigilance. He also states he filled in for Mayor Ryan last Thursday at Forest Avenue Elementary School and read to the 3rd grade students in honor of Read Across America Day. He shows the audience the large thank you card created by the students.
Councilman Roman also expresses his condolences to the Villanella family. He commends those agencies involved who continue to be committed to pedestrian and vehicle safety. He states the Township emergency responder radio system has been deployed to all members. He comments that this was a fairly large project and the Township should reap the benefits over the next 10+ years.
ORDINANCE No. 2017-04
AN ORDINANCE AUTHORIZING AND APPROVING A FINANCIAL AGREEMENT BETWEEN THE TOWNSHIP OF VERONA AND D & R VERONA URBAN RENEWAL, LLC FOR PROPERTY IDENTIFIED ON THE VERONA TAX MAPS AS BLOCK 201, LOTS 15, 16, 17, 18, and 52 PURSUANT TO THE LONG TERM TAX EXEMPTION LAW (N.J.S.A.40A:20-1 et seq.)
The Municipal Clerk reads Ordinance No. 2017-04 by title into record.
Motion for adoption of Ordinance No. 2017-04 is moved by Councilman Manley; seconded by Councilman Roman.
Public Participation: None.
Council Discussion: Planning Board Attorney Greg Mascera approaches the lectern and explains this 30-year financial agreement sets for the terms the owner is to pay in taxes to the Township. The Township expects to begin seeing income from this agreement in the 2nd or 3rd quarter of 2019. .
ROLL CALL: AYES: Manley, Roman, Nochimson, Ryan NAYS: ABSENT: Sniatkowski
Ordinance No. 2017-04 is approved 4-0 and will be published according to law.
ORDINANCE No. 2017-05
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AN ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER A175-7 OF THE CODE OF THE TOWNSHIP OF VERONA
The Municipal Clerk reads Ordinance No. 2017-05 by title into record.
Motion for adoption of Ordinance No. 2017-05 is Councilman Manley; seconded by Councilman Roman.
Public Participation: None.
Council Discussion: None.
ROLL CALL: AYES: Manley, Roman, Nochimson, Ryan NAYS: ABSENT: Sniatkowski
Ordinance No. 2017-05 is approved 4-0 and will be published according to law.
ORDINANCE NO. 2017-6
AN ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER 140 (VEHICLES AND TRAFFIC) OF THE CODE OF THE TOWNSHIP OF VERONA
The Municipal Clerk reads Ordinance No. 2017-06 by title into record.
Township Manager Matthew Cavallo explains the Council passed an ordinance in 2003 moving the one-way currently in place down to the cul-de-sac. This ordinance corrects the mistake and codifies Personette Avenue as a one-way from Depot Street to Linn Drive in a westerly direction.
Motion for adoption of Ordinance No. 2017-06 is Councilman Manley; seconded by Councilman Roman.
ROLL CALL: AYES: Manley, Roman, Nochimson, Ryan NAYS: ABSENT: Sniatkowski
Ordinance No. 2017-06 is approved 4-0 and will be published according to law and a public hearing will be held on April 17, 2017.
ORDINANCE NO. 2017-7
BOND ORDINANCE AMENDING THE PROJECT DESCRIPTION SET FORTH IN SECTION 3(e) OF BOND ORDINANCE NO. 18-16 OF THE TOWNSHIP OF VERONA, IN THE COUNTY OF ESSEX, NEW JERSEY FINALLY ADOPTED JULY 11, 2016.
The Municipal Clerk reads Ordinance No. 2017-07 by title into record.
Township Manager Matthew Cavallo there was an item on a bond ordinance no. 18-16 that is no longer needed. This amended bond ordinance allows for the purchase of an artificial turf blower/sweeper.
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Motion for introduction of Ordinance No. 2017-07 is moved by Councilman Roman; seconded by Deputy Mayor Nochimson.
ROLL CALL: AYES: Manley, Roman, Nochimson, Ryan NAYS: ABSENT: Sniatkowski
Ordinance No. 2017-07 is approved 4-0 and will be published according to law and a public hearing will be held on April 17, 2017.
RESOLUTION No. 2017-53
A motion was made by Deputy Mayor Nochimson; seconded by Councilman Roman that the following resolution be adopted:
RESOLUTION CANCELLING FUNDED APPROPRIATION BALANCES UNDER CERTAIN BOND ORDINANCES PREVIOUSLY ADOPTED BY THE TOWNSHIP OF VERONA FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS IN THE TOTAL AMOUNT OF $903,335.24 FROM THE CURRENT FUND AND $271,923.97 FROM WATER CAPITAL
WHEREAS, the Mayor and Council of the Township of Verona, in the Essex County, New Jersey previously adopted Bond Ordinances for the purpose of funding various capital projects and improvements of the Township as more fully specified in the Bond Ordinances and
WHEREAS, as of the date hereof, the projects have been completed and/or funded balances remain open and unexpended; and
WHEREAS, the Township now desires to cancel such appropriations and transfer the funded balances in their respect fund surplus.
ORDINANCE AMOUNT TO BE CANCELLED
General Capital 6-99 412.05 1-02 27,531.23 13-03 1,200.00 8-07 3.60 1-08 54,506.16 1-09 12,390.57 5-09 177.24 1-10 83,621.08 2-10 219,918.17 6-10 294,923.89 3-11 195,875.79 7-11 12,775.46 $903,335.24
Water and Sewer Capital 6-09 271,923.97
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Verona, County of Essex, State of New Jersey, as follows:
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SECTION 1. The appropriation amounts associated with the Capital Projects under each of the following Bond Ordinances are funded as of the date hereof and are hereby cancelled as of the date of this Resolution:
SECTION 2. All resolutions or proceedings, or parts thereof, in conflict with the provisions of this Resolution are to the extent of such conflict hereby repealed.
ROLL CALL: AYES: Manley, Roman, Nochimson, Ryan NAYS: ABSENT: Sniatkowski
RESOLUTION No. 2017-54
A motion was made by Deputy Mayor Nochimson; seconded by Councilman Roman that the following resolution be adopted:
AUTHORIZING THE TOWNSHIP OF VERONA TO CANCEL OLD OUTSTANDING CHECKS AND RECONCILING ITEMS
WHEREAS, certain checks have been identified in the Current Fund, Water/Sewer Utility, and Trust fund bank accounts by the Chief Financial Officer as outstanding; and
WHEREAS, it is a normal financial practice to review the bank accounts for old outstanding items for cancellation with the balances to be returned to the Fund Balance; and
WHEREAS, it is necessary to formally cancel said checks so that the unnecessary balances may be returned to the fund balance of the respective funds;
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 following old outstanding checks, be cancelled;
Date of Check Issue Check Number Amount
February 2013 5617 67.00 October 2013 7001 22.11 December 2013 7389 300.00 March 2014 7742 60.00 July 2014 8497 50.00 January 2015 9305 28.00 January 2015 9532 2,083.74 March 2015 9637 55.00 May 2015 10024 31.37 May 2015 10040 70.00 September 2015 10640 60.00 September 2015 10706 12.00 November 2015 10873 50.00 November 2015 11095 10.77 Total Current Fund $2,899.99
August 2014 2460 16,653.42 November 2014 2597 155.32 Total Utility Fund $16,808.74
November 2013 3233 50.00
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Total Trust Fund 50.00
BE IT FURTHER RESOLVED that two certified copies of this resolution are to be filed with the Director of the Division of Local Government Services and that a certified copy of this resolution shall be provided by the Township Clerk to the Chief Financial Officer and Township Auditor
ROLL CALL: AYES: Manley, Roman, Nochimson, Ryan NAYS: ABSENT: Sniatkowski
RESOLUTION No. 2017-55
A motion was made by Deputy Mayor Nochimson; seconded by Councilman Roman that the following resolution be adopted:
RESOLUTION AUTHORIZING TOWNSHIP ENGINEER TO ENDORSE THE SANITARY SEWER EXTENSION PERMIT APPLICATION WITH RUSSO DEVELOPMENT FOR ANNIN LOFTS TAX MAP BLOCK 201 – LOTS 15,16,17,18 & 52 141-163 BLOOMFIELD AVENUE 33 DOUGLAS PLACE
WHEREAS, the proposed Russo Development owner of the property known as “Annin Lofts” located in Tax Map Block 201 – Lots 15,16,17,18 & 52 (141-163 Bloomfield Avenue & 33 Douglas Place) is located within the Township of Verona’s 208 Wastewater Management Plan;
WHEREAS, the proposed re-development will include 112 residential units, which will require connection into the Township of Verona’s wastewater system;
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 TWA Application to service the Russo Development project known as “Annin Lofts” located in Tax Map Block 201- Lots 15,16,17,18 & 52 (141-163 Bloomfield Avenue & 33 Douglas Place), in the Township of Verona, Essex County, NJ.
BE IT FURTHER RESOLVED That Russo Development shall secure all necessary permits and pay all connection and inspection fees in accordance with the Code of the township of Verona.
ROLL CALL: AYES: Manley, Roman, Nochimson, Ryan NAYS: ABSENT: Sniatkowski
RESOLUTION No. 2017-56
A motion was made by Deputy Mayor Nochimson; seconded by Councilman Roman that the following resolution be adopted:
RESOLUTION AWARDING CONTRACT No. 16-09
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WASTEWATER TREATMENT PLANT ROOF REPLACEMENT & RELATED WORK
WHEREAS, on December 20, 2016 the Township of Verona received bids for Contract 16-09 – Wastewater Treatment Plant Roof Replacement and Related Work; and
WHEREAS, eight (8) responsive and responsible bids were received for Contract 16-09; and
WHEREAS, the apparent low base bid with supplemental bids items was submitted by MAK Group, LLC of Clifton, New Jersey, and that the MAK Group did submit a written request on December 20, 2016 to withdraw their bid, citing failure to include the HVAC scope of work within their proposal; and
WHEREAS, Integrity Roofing, Inc., 1385 Witherspoon Street, Rahway, New Jersey 07065 was the next responsive and responsible bidder in the Total Amount of $ 677,200 for the Base Bid and Supplemental Bid Items 1-5.
WHEREAS, the Township Engineer has reviewed and recommends the Contract award be made to the Integrity Roofing, Inc., as the lowest responsive and responsible bid.
NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the Township of Verona, in the County of Essex, New Jersey that the contract for Contract No. 16-09 be awarded to the lowest responsive and responsible bidder, Integrity Roofing, Inc., 1385 Witherspoon Street, Rahway, New Jersey 07065 in the amount $ 677,200 for the Base Bid and Supplemental Bid Items 1-5, subject to the approval of the Bid Documents by the Township Attorney and the availability of funds from Capital Ordinance # 05-14F and 01-17A.
ROLL CALL: AYES: Manley, Roman, Nochimson, Ryan NAYS: ABSENT: Sniatkowski
RESOLUTION No. 2017-57
A motion was made by Deputy Mayor Nochimson; seconded by Councilman Roman that the following resolution be adopted:
AUTHORIZING A CONTRACT WITH LaGUARDIA ASSOCIATES FOR THE 2017 SUMMER CONCERT SERIES
WHEREAS, the Township annually holds its Summer Concert Series in the Verona Civic Center; and
WHEREAS, LaGuardia Associates, 388 Pompton Avenue, Cedar Grove, NJ 07009 has submitted a proposal to provide the aforementioned services; and
WHEREAS, LaGuardia Associates has extensive experience with similar projects throughout the area and has previously provided these services to the Township; and
WHEREAS, the Township Manager has recommended that the Solutions LaGuardia Associates be awarded a contract to provide the aforementioned services; and
WHEREAS, the award of the contract to LaGuardia Associates is being made pursuant to N.J.S.A. 19:44A-20.5; and
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WHEREAS, the cost for said professional services shall exceed $17,500 as outlined in the proposal without further authorization by the Mayor and Council; and
THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Verona, in the County of Essex, New Jersey that LaGuardia Associates is hereby awarded a contract for organizing the 2017 Summer Concert Series.
BE IT FURTHER RESOLVED that the Business Entity Disclosure Certification and Determination of Value are to be placed on file with this Resolution; and
BE IT FURTHER RESOLVED that this contract is being awarded pursuant to N.J.S.A. 19:44A-20.5.
BE IT FURTHER RESOLVED that a notice of this action shall be published once in the Verona-Cedar Grove Times; and
BE IT FURTHER RESOLVED that the Township Manager and the Township Clerk are hereby authorized to enter into an agreement for the aforementioned services a copy of which shall be available for public inspection in the Office of the Township Clerk.
ROLL CALL: AYES: Manley, Roman, Nochimson, Ryan NAYS: ABSENT: Sniatkowski
RESOLUTION No. 2017-58
A motion was made by Deputy Mayor Nochimson; seconded by Councilman Roman that the following resolution be adopted:
RESOLUTION REFUNDING ESCROW PAYMENT WHEREAS, Escrow fees, for the Planning Board, were received from Progressive Hand Rehab, LLC, for property located at 80 Pompton Avenue, Block 807 Lot 15, 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 ENGINEER’S AMOUNT FEE $750.00 $0.00
AMOUNT TO BE REFUNDED $750.00
NOW, THEREFORE, BE IT RESOLVED, that the Chief Financial Officer/Tax Collector be authorized to refund, from the Trust Account, $750.00 to: Progressive Hand Rehab, LLC 80 Pompton Avenue Verona, NJ 07044
Trust Check – $750.00 Progressive Hand Rehab, LLC
ROLL CALL: AYES: Manley, Roman, Nochimson, Ryan NAYS: 8
ABSENT: Sniatkowski
RESOLUTION No. 2017-59
A motion was made by Deputy Mayor Nochimson; seconded by Councilman Roman that the following resolution be adopted:
RESOLUTION REFUNDING ESCROW PAYMENT
WHEREAS, Escrow fees, for the Planning Board, were received from David & Theresa Oster, for property located at 58 Hillside Avenue, Block 1901 Lot 57, 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 ENGINEER’S AMOUNT FEE $1,000.00 $0.00
AMOUNT TO BE REFUNDED $1,000.00
NOW, THEREFORE, BE IT RESOLVED, that the Chief Financial Officer/Tax Collector be authorized to refund, from the Trust Account, $1,000.00 to: Theresa Oster 58 Hillside Avenue Verona, NJ 07044
Trust Check – $1,000.00 Theresa Oster
ROLL CALL: AYES: Manley, Roman, Nochimson, Ryan NAYS: ABSENT: Sniatkowski
RESOLUTION No. 2017-60 A motion was made by Deputy Mayor Nochimson; seconded by Councilman Roman that the following resolution be adopted:
RESOLUTION REFUNDING TAX LIEN REDEMPTION WHEREAS, property located at garage behind building 8, Block 1712 Lot 1 Qualifier C7049, owned by Karen Genitempo has been held in tax lien since December 3, 2015; and WHEREAS, payment was received, in the amount of $1,114.62 from Piro, Zinna, Cifelli, Paris & Genitempo, LLC, 360 Passaic Avenue, Nutley, NJ 07110, clearing the lien as follows:
Certificate #2015-5 Certificate 306.96 18% Interest on Certificate 69.53 2% Redemption Penalty 6.14
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Recording Fee 11.00 Due Diligence 12.00 $ 405.63
2015 Taxes plus Interest $ 327.52
2016 Taxes plus Interest $ 311.34
2017 Taxes plus Interest $ 70.13
Total $1,114.62
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 send the cancelled certificate to:
Piro, Zinna, Cifelli, Paris & Genitempo 360 Passiac Avenue Nutley, NJ 07110
Due Township of Verona $1,114.62
ROLL CALL: AYES: Manley, Roman, Nochimson, Ryan NAYS: ABSENT: Sniatkowski
RESOLUTION No. 2017-61
A motion was made by Deputy Mayor Nochimson; seconded by Councilman Roman that the following resolution be adopted:
PERMITTING ITEMS TO BE DISCUSSED IN CLOSED 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. Pending Litigation pursuant to N.J.S.A. 10:4-12(7) b. Personnel Matters pursuant to N.J.S.A. 10:4-12(8) c. Contract Negotiations 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.
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4. This resolution shall take effect immediately.
ROLL CALL: AYES: Manley, Roman, Nochimson, Ryan NAYS: ABSENT: Sniatkowski
New Business:
Budget Discussion: Deputy Mayor Nochimson states PILOT money should be put in reserves to maintain fields. Revenue from the Hilltop should be “socked away” by the Council to re-carpet Centennial Field. He comments that Municipal Court fines are up and with the additional $50,000 revenue, the money should be diverted and utilized for new equipment. Since the Recreation Department’s revenue is up $50,000, a rock wall should be installed in the Community Center gymnasium and additional revenue should be rolled back into the department. He would like to see a reserve account be set up for the fields. He also comments that sealing the roadways would extend the life of the roads. In summation, he states he would like the 2017 Municipal Budget to reflect a reserve for the fields and an expanded road sealing program.
Councilman Roman states that the Deputy Mayor makes good points, however the Township is still drawing down funds out of the Capital fund. The goal is to get the Capital surplus to zero then begin going in the opposite direction. He states that until the Township stops taking money out of the Capital surplus, they cannot “reserve” funds.
Public Participation:
Rosalind Moskovitz, 11 Wedgewood Drive, West Orange, New Jersey Philip Kirsch, 93 Cedar Street, Millburn, New Jersey Richard Aloia, 37 Malvern Place, Verona, New Jersey Jack McEvoy, 20 Montclair Avenue, Verona, New Jersey Carol Kirsch, 93 Cedar Street, Millburn, New Jersey
Adjournment:
Motion to adjourn the public meeting at 9:21 p.m. is moved by Councilman Manley; seconded by Councilman Roman. Vote: 4 ayes.
The next regular scheduled meeting is Monday, March 20, 2017 at 7:00 p.m.
Respectfully submitted,
Jennifer Kiernan Kevin Ryan
Jennifer Kiernan, Municipal Clerk Kevin Ryan, Mayor
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