minutes of a regular meeting of the verona township ... · minutes of a regular meeting of the...

1

Minutes of a Regular Meeting of the Verona Township Council on Monday, January 8, 2018 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 County will run its deer management program in South Mountain Reservation and Hilltop Park this season throughout the month of January. He also explains that although the lake in Verona Park is frozen, the County cannot offer ice-skating as their equipment is too heave to remove snow from the lake. There is skating in Grover Cleveland Park in Caldwell. Mayor Ryan thanks former Township Engineer James Helb for his 35+ years of service to the Township as Engineer and his significant roles in the construction of the Community Center, water wells, the design and oversight of the Hilltop fields and the renovation of the library. His legacy will live on in those projects. The Mayor wishes him a good retirement. Mayor Ryan also reports senior librarian Bill Trafton has retired after 40+ years of service. He was a mainstay at the circulation desk. The Mayor wishes him well. The Mayor states that Verona UNICO will hold its annual Sunday Dinner on January 28th at 1:00 p.m. at the Holy Spirit Church. The cost is $35 per person and $15 for children under 12. All proceeds will go to the UNICO Scholarship Fund. Township Attorney Brian Aloia states the hearing of the Prout appeal of Board of Adjustment Case #2017-08 has been adjourned until the February 5, 2018 meeting of the governing body. Manager’s Report: The Township Manager appoints Glenn Beckmeyer, P.E. as Township Engineer for a term expiring December 31, 2018. Steven Neale is appointed to the Planning Board as the designated Township Employee for a term expiring December 31, 2018. James Cunningham is reappointed as Registrar of Vital Statistics for a term expiring December 31, 2020. Township Manager Matthew Cavallo explains Agenda Item I-4 is a Salary Ordinance setting the 2018 salaries of exempt and non-unionized employees of the Township. He reports that this ordinance completely eliminates Longevity paid to non-unionized employees of the Township. Since there are personnel matters for Executive Session, the

2

governing body will introduce the ordinance, if agreed upon, in Public Session after discussion. The new street sweeper was delivered to the DPW Garage on December 22. It will be going out to be lettered in the next couple of weeks and it is planned that it will begin operation mid-March, pending the weather. Mr. Cavallo announces the appointment of Captain Chris Kiernan as Acting Chief of the Verona Police Department. Chris assumed his responsibilities effective December 22, 2017. He wishes Chris good luck in this endeavor and thanks Captain DePoe for leading this department as Officer-In-Charge over the past 6 months.

Mr. Cavallo states that the Public Works Department has been extremely busy since the first of the year. To date the Department handled eight (8) water main leaks and breaks throughout the Township caused by the extreme cold temperatures. In addition, there have been several snow events, including a larger event last Thursday that dropped between 5-7 inches of snow. He reports he received a letter received from Dr. Dionioso thanking the Township for their efforts to open the school zones. Councilmembers’ Reports: Deputy Mayor Nochimson motions to direct the Municipal Clerk to include a statement made by Councilman Giblin in Councilmembers’ reports during the December 4th and 18th Council Meetings. Both statements were previously transcribed verbatim by the Municipal Clerk upon the request of the Deputy Mayor. Township Attorney Brian Aloia states that a motion has been properly made and a second is needed for a roll call vote. Mayor Ryan seconds the motion and a roll call vote in taken to amend the approved minutes of the December 4, 2017 to include Councilman Giblin’s statement. Roll Call Vote: Roman, AYE; Giblin, NO; McEvoy, AYE; Nochimson, AYE; Ryan, AYE. The motion is passed by a majority vote of 4-1. The Deputy Mayor makes a motion to amend the December 18, 2017 meeting minutes to include the statement made by Councilman Giblin. Mayor Ryan seconds the motion and a roll call vote is taken to amend the minutes of the December 18, 2017 meeting minutes to include Councilman Giblin’s statement. Roll Call Vote: Roman, AYE; Giblin, NO; McEvoy, AYE; Nochimson, AYE; Ryan, AYE. The motion is passed by a majority vote of 4-1. Deputy Mayor Nochimson states that a motor vehicle accident at the intersection of Personette and Grove Avenues occurred earlier that evening. He asks if a crossing guard can be placed at that corner. The Township Manager states that previous studies were performed and it had been determined that no guard was necessary in that location. He will, however, look into it again. The Deputy Mayor congratulates Verona resident and Board of Adjustment member Sean Sullivan on his appearance on the game show Jeopardy! last week. Mr. Nochimson requests open gym resume in the Community Center. The Verona Sports Boosters will hold their Annual Beefsteak dinner in the Community Center on February 4 at 7pm. He presents to the Council a photo of a snow bucket/loader to remove snow and states it would be a more efficient way to remove snow. He states the cost is about $50,000. The Township manager states the Township does not have high-pressure hydraulic equipment that can operate the machine. He adds that the overtime from snow removal from this past weekend was to remove the areas of the curb and sidewalk that does not apply to the use of a snow loader.

3

Councilman Roman states that the Township did a great job removing the snow. He comments that the purchase of the new street sweeper/mini excavator makes the DPW more efficient. Councilman McEvoy questions what other towns have equipment like the snow thrower the Deputy Mayor suggested. He reports he attended a seminar for newly elected officials this past Saturday, which he found beneficial. He attended the grand opening of the Empanada Lady along with the Township Manager and Steven Neale, which he found quite enjoyable. Councilman McEvoy urges businesses that have security cameras to register with the Township. Councilman Giblin states he received a report from a concerned resident on Linden Avenue over the weekend. During the snow removal process the street was partially blocked while DPW removed snow. The Township Manager states that public works will call for police assistance when necessary. The Councilman states that a bill previously in the Assembly allowing municipalities to create liquor licenses for restaurants would be a benefit to the Town.

ORDINANCE # 2017-27

CAPITAL ORDINANCE APPROPRIATING $295,000 FROM CAPITAL SURPLUS FOR VARIOUS CAPITAL IMPROVEMENTS AND

EQUIPMENT BY THE TOWNSHIP OF VERONA, IN THE COUNTY OF ESSEX, NEW JERSEY

The Municipal Clerk reads Ordinance No. 2017-27 by title into record. Public Hearing: None. Council Discussion: None. Motion to adopt Ordinance No. 2017-27 is moved by Mayor Ryan; seconded by Councilman Roman. ROLL CALL:

AYES: Roman, Giblin, McEvoy, Nochimson, Ryan NAYS:

Ordinance No. 2017-27 is adopted 5-0 and will be published according to law.

ORDINANCE # 2017-28

WATER AND SEWER FUND CAPITAL ORDINANCE APPROPRIATING $115,000 FROM THE CAPITAL IMPROVEMENT

FUND FOR THE PURCHASE AND ACQUISITION OF VARIOUS EQUIPMENT BY THE TOWNSHIP OF VERONA, IN THE COUNTY

OF ESSEX, NEW JERSEY The Municipal Clerk reads Ordinance No. 2017-28 by title into record. Public Hearing: None. Council Discussion: None. Motion to adopt Ordinance No. 2017-28 is moved by Councilman McEvoy; seconded by Mayor Ryan.

4

ROLL CALL: AYES: Roman, Giblin, McEvoy, Nochimson, Ryan NAYS:


ORDINANCE # 2017-29

AN ORDINANCE TO AMEND THE CODE OF THE TOWNSHIP OF VERONA, CHAPTER 146 THEREOF ENTITLED “WATER AND SEWERS” AND CHAPTER A175 THEREOF ENTITLED “FEES” BY AMENDING CERTAIN SECTIONS THEREOF The Municipal Clerk reads Ordinance No. 2017-29 by title into record. Public Hearing: None. Council Discussion: Councilman McEvoy states that he feels that although this ordinance simplifies the fee schedule for the Township, and it seems fair for larger 2 family houses, there are quite a few 2 family, 1 bedroom and single family houses which use far more water. Going by this ordinance sets a fee above what he agrees with. Motion to adopt Ordinance No. 2017-29 is moved by Deputy Mayor Nochimson; seconded by Mayor Ryan. ROLL CALL:

AYES: Roman, Giblin, Nochimson, Ryan NAYS: ABSTAIN: McEvoy


ORDINANCE # 2017-30

CAPITAL ORDINANCE APPROPRIATING $310,000 FROM CAPITAL SURPLUS FOR VARIOUS FIRE DEPARTMENT EQUIPMENT BY THE TOWNSHIP OF VERONA, IN THE COUNTY OF ESSEX, NEW JERSEY

The Municipal Clerk reads Ordinance No. 2017-30 by title into record. Public Hearing: None. Council Discussion: None.. Motion to adopt Ordinance No. 2017-30 is moved by Mayor Ryan; seconded by Deputy Mayor Nochimson. ROLL CALL:


Ordinance No. 2017-30 is adopted 5-0 and will be published according to law

ORDINANCE # 2018-01

5

AN ORDINANCE ESTABLISHING A NEW CHAPTER 40 (PARKS AND RECREATION ADVISORY COMMITTEE) OF THE CODE OF

THE TOWNSHIP OF VERONA The Municipal Clerk reads Ordinance No. 2018-01 by title into record. Motion for introduction of Ordinance No. 2018-01 is moved by Mayor Ryan; seconded by Councilman Roman. ROLL CALL:


Ordinance No. 2018-01 is approved 5-0 and will be published according to law and a public hearing will be held on January 22, 2018.

ORDINANCE # 2018-02

AN ORDINANCE REPEALING CHAPTER 148 (YOUTH ADVISORY

COMMITTEE) OF THE CODE OF THE TOWNSHIP OF VERONA The Municipal Clerk reads Ordinance No. 2018-02 by title into record. Motion for introduction of Ordinance No. 2018-02 is moved by Councilman McEvoy; seconded by Mayor Ryan. ROLL CALL:



ORDINANCE # 2018-03

AN ORDINANCE TO AMEND CHAPTER 107 “PROPERTY MAINTENANCE,” ARTICLE IV “STANDARDS FOR THE

MAINTENANCE OF INTERIOR PREMISES,” § 107-10 “UTILITIES, WATER AND PLUMBING,” PARAGRAPH A “RESIDENTIAL,”

SECTION 14 “MULTIFAMILY DWELLINGS” OF THE CODE OF THE TOWNSHIP OF VERONA

The Municipal Clerk reads Ordinance No. 2018-03 by title into record. Motion for introduction of Ordinance No. 2018-03 is moved by Mayor Ryan; seconded by Councilman Roman. ROLL CALL:



RESOLUTION No. 2018-01

A motion was made by Councilman McEvoy; seconded by Councilman Roman that the following resolution be adopted:

6

ADOPTING CASH MANAGEMENT PLAN OF

THE TOWNSHIP OF VERONA

WHEREAS, it is in the best interest of the Township of Verona to earn additional revenue through the investment and prudent management of its cash receipts; and

WHEREAS, the Local Fiscal Affairs Law requires that each local unit shall adopt

a cash management plan;

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the

Township of Verona, in the County of Essex, New Jersey that the following shall constitute the Cash Management Plan for the Township of Verona and the Township of Verona shall deposit and manage its funds pursuant to this plan:

Definitions

1. Treasurer shall mean the Chief Financial Officer/Treasurer of the

Township of Verona.

2. Fiscal year shall mean the twelve-month period beginning January 1 ending December 31.

3. Cash Management Plan shall mean the plan as approved by this resolution. Designation of Depositories

1. At least once each fiscal year the Township Council shall by resolution

designate the depositories for the Township of Verona in accordance with N.J.S.A. 40A:5-14.

Audit Requirement

1. The Cash Management Plan shall be subject to the annual audit

conducted pursuant to N.J.S.A. 40A:5-4.

Authority to Invest

1. The Township Manager and the Chief Financial Officer shall make and

be responsible for municipal deposits and investments.

Investment Instruments

1. The Chief Financial Officer/Treasurer shall invest at his discretion in any

investment instruments as approved by the State of New Jersey, Department of Community Affairs, Division of Local Government Services and in accordance with N.J.S.A. 40A:5-15.1 with maturities of twelve months or less.

Records and Reports

7

1. The Chief Financial Officer/Treasurer shall report all investments in accordance with N.J.S.A. 40A:5-15.2.

2. At a minimum the Chief Financial Officer/Treasurer shall:

a.

Keep a record of all investments.

b.

Keep a cash position record, which reveals on a daily basis, the status of the Township's cash in its bank accounts.

c.

Report monthly to the Township Council as to the status of cash balances

in bank accounts, revenue collection, and cash receipts and

disbursements.

Cash Flow

1. The Chief Financial Officer/Treasurer shall ensure that the Township's

accounting system provides regular information concerning the Township's cash position and investment performance.

2. All monies shall be turned over to the Chief Financial Officer/Treasurer

and deposited in accordance with N.J.S.A. 40A:5-15.

3. The Chief Financial Officer/Treasurer is authorized and directed to invest surplus funds of the Township of Verona as the availability of the funds permit. In addition, it shall be the responsibility of the Chief Financial Officer/Treasurer to minimize the possibility of idle cash by depositing the Township's monies in interest bearing accounts wherever practical and in the best interest of the Township of Verona.

4. The Chief Financial Officer/Treasurer shall ensure that funds are

borrowed for Capital Projects in a timely fashion. ROLL CALL:


RESOLUTION No. 2018-02-15

A motion was made by Councilman McEvoy; seconded by Councilman Roman

that the following resolution be adopted:

RESOLUTION FIXING DEPOSITORY FOR CURRENT FUND

WHEREAS, N.J.S.A. 40A:5-14 provides that monies held in any separate fund

shall be treated as monies held in trust and shall not be diverted to any other purposes.

NOW, THEREFORE, BE IT RESOLVED that Investors Bank, New York Community Bank and Clifton Savings Bank shall be the depository for Current Funds of the Township and that the custodian shall be Chief Financial Officer/Treasurer, Matthew Laracy.

All withdrawals shall be on orders signed by the Mayor, Chief Financial Officer/Treasurer, Matthew Laracy and Township Manager, Matthew Cavallo.

8


RESOLUTION FIXING DEPOSITORY FOR WATER/SEWER UTILITY

OPERATING FUND



NOW, THEREFORE, BE IT RESOLVED that Investors Bank, New York

Community Bank and Clifton Savings Bank shall be the depository for all Water Utility Operating Funds and the custodian shall be Chief Financial Officer/Treasurer, Matthew Laracy.



RESOLUTION FIXING DEPOSITORY FOR SWIMMING POOL

UTILITY FUND




Community Bank and Clifton Savings Bank shall be the depository for Swimming Pool Utility Funds of the Township and that the custodian shall be Chief Financial Officer/Treasurer, Matthew Laracy.



RESOLUTION FIXING OFFICIAL DEPOSITORY FOR ALL PAYROLL

FUNDS

WHEREAS, N.J.S.A. 40A:5-14 provides that monies held in any separate fund shall be treated as monies in trust and shall not be diverted to any other purposes.

NOW, THEREFORE, BE IT RESOLVED that Investors Bank, New York Community Bank and Clifton Savings Bank shall be the depositories for all payroll funds and the custodian shall be Chief Financial Officer/Treasurer, Matthew Laracy.



RESOLUTION FIXING OFFICIAL DEPOSITORY FOR GENERAL

CAPITAL FUNDS

WHEREAS, N.J.S.A. 40A:5-14 provides that monies held in any separate fund shall

9

be treated as monies in trust and shall not be diverted to any other purposes.

NOW, THEREFORE, BE IT RESOLVED that Investors Bank, New York Community Bank and Clifton Savings Bank shall be the depository for all Water Utility Operating Funds and the custodian shall be Chief Financial Officer/Treasurer, Matthew Laracy.



RESOLUTION FIXING OFFICIAL DEPOSITORY FOR WATER/SEWER UTILITY CAPITAL FUND


shall be treated as monies in trust and shall not be diverted to any other purposes.





RESOLUTION FIXING OFFICIAL DEPOSITORY FOR SWIMMING POOL UTILITY CAPITAL FUND






RESOLUTION FIXING DEPOSITORY FOR ALL PUBLIC

ASSISTANCE FUNDS




10



RESOLUTION FIXING OFFICIAL DEPOSITORY FOR TRUST FUND-

OTHER/ ESCROW BOOKKEEPER




Community Bank and Clifton Savings Bank shall be the depository for all Trust Fund other/escrow bookkeeper and the custodian shall be Chief Financial Officer/Treasurer, Matthew Laracy.



RESOLUTION FIXING OFFICIAL DEPOSITORY STATE UNEMPLOYMENT COMPENSATION INSURANCE ACCOUNT







RESOLUTION FIXING OFFICIAL DEPOSITORY FOR ANIMAL CONTROL

FUNDS







RESOLUTION FIXING OFFICIAL DEPOSITORY FOR ALL DEVELOPMENT FEE

11

TRUST FUNDS



NOW, THEREFORE, BE IT RESOLVED that Investors Bank, New York Community Bank and Clifton Savings Bank shall be the depository for all Development Fee Trust Funds collected pursuant to Chapter 213, Section 213-55. The custodian of the accounts shall be the Chief Financial Officer/Treasurer, Matthew Laracy. All withdrawals shall be on orders signed by the Mayor, Chief Financial Officer/Treasurer, Matthew Laracy and Township Manager, Matthew Cavallo.


RESOLUTION FIXING OFFICIAL DEPOSITORY FOR ALL AFFORDABLE

HOUSING TRUST FUNDS




Community Bank and Clifton Savings Bank shall be the depository for all Affordable Housing Trust Funds collected pursuant to Chapter 213, Section 213-54. The custodian of the accounts shall be the Chief Financial Officer/Treasurer, Matthew Laracy. All withdrawals shall be on orders signed by the Mayor, Chief Financial Officer/Treasurer, Matthew Laracy and Township Manager, Matthew Cavallo.


RESOLUTION FOR COURT FUNDS



NOW, THEREFORE, BE IT RESOLVED that Investors Bank, New York Community Bank and Clifton Savings Bank shall be the depository for Court Account Funds of the Township and the custodian shall be the Court Administrator.

All withdrawals shall be on orders signed by the Court Administrator and Deputy Court Administrator or the Judge.




RESOLUTION DESIGNATING OFFICIAL NEWSPAPER FOR ALL

12

ADVERTISEMENTS AND NOTICES AND DESIGNATING TWO NEWSPAPERS TO RECEIVE NOTICE OF MEETING

WHEREAS, N.J.S.A. 40:53.1 permits the governing body of every municipality to

designate official newspapers for the publication of all advertisements and notices required by law to be published; and

WHEREAS, the Open Public Meetings Act, N.J.S.A.10:4-6 et seq., requires the governing body of each municipality to designate two newspapers to receive the notices of its meetings.

WHEREAS, all municipal advertisements shall be published in one or both of the designated official newspapers according to the various statutory provisions; and

WHEREAS, the Mayor and Council of the Township of Verona is desirous of designating two official newspapers for the purpose of satisfying the requirements of these statutes; and

WHEREAS, the VERONA-CEDAR GROVE TIMES and THE STAR LEDGER, a

newspaper published within the County of Essex meets the statutory criteria for designation as the official newspapers for the Township of Verona.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the

Township of Verona, in the County of Essex, New Jersey that the VERONA-CEDAR GROVE TIMES and THE STAR LEDGER be hereby designated as the official newspapers for all advertisements and notices of the Township of Verona required to be published.

BE IT FURTHER RESOLVED that the VERONA-CEDAR GROVE TIMES and

THE STAR LEDGER be hereby designated as the two newspapers to receive the notices required by the Open Public Meetings Act.





SETTING THE RATE OF PENALTIES AND GRACE PERIOD FOR RECEIPT OF DELINQUENT TAXES AND MUNICIPAL CHARGES

WHEREAS, N.J.S.A. 54:67(a) permits the governing body to fix the rate of interest to be charged for the nonpayment of taxes, assessments, or other municipal liens or charges on or before the date when they would become delinquent, and may provide that no interest shall be charged if payment of any installment is made within the tenth calendar day following the date upon which the same became payable. The rate so fixed shall not exceed 8% per annum on the first $1,500.00 of the delinquency and 18% per annum on any amount in excess of $1,500.00, to be calculated from the date the tax was payable until the date that actual payment to the tax collector is made; and

WHEREAS, N.J.S.A. 54:67(c) permits the governing body to fix a penalty to be charged to a taxpayer with a delinquency in excess of $10,000 who fails to pay that delinquency as billed, prior to the end of the fiscal year, the penalty so fixed shall

13

not exceed 6% of the amount of the delinquency with respect to each most recent fiscal year only; and

WHEREAS, this legislation is permissive in nature and requires the adoption of a resolution by the governing body imposing the penalty for delinquencies in the municipality; and

WHEREAS, it has determined that it is in the best interests of the Township to authorize imposition of such penalty.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Verona, in the County of Essex, New Jersey that pursuant to N.J.S.A. 54:4-67(a) that the interest rate for delinquent taxes and any delinquency for the year 2017 be set at the rate of 8% per annum for amounts under $1,500 and 18% per annum for amounts over $1,500.

BE IT FURTHER RESOLVED that no interest shall be charged if payment of any installment is made by the 10th of the month after the date upon which the same became payable, effective January 1, 2018. In the event that the 10th of the month falls on a Saturday, Sunday or Legal Holiday, the date of the Grace Period ends with the following working day; and

BE IT FURTHER RESOLVED that pursuant to N.J.S.A.54:4-67 the Tax Collector is hereby authorized to impose a penalty of 6% on any delinquent taxes and municipal charges in excess of $10,000 in addition to the interest charges set forth above. ROLL CALL: AYES: Roman, Giblin, McEvoy, Nochimson, Ryan NAYS:



AUTHORIZING TAX COLLECTOR TO MAKE CORRECTIONS

AND/OR ADJUSTMENT NOT EXCEEDING $10.00

WHEREAS, the Tax Collector has to make certain corrections and adjustments to the accounts in the Tax Collector’s Office; and

WHEREAS, it is proper bookkeeping procedure to have the Tax Collector’s record reflect that there are no monies due and owing; and

WHEREAS, N.J.S.A 40A:5-17.1 allows the Tax Collector to process property tax

refunds and cancellations or delinquency of less than $10.00.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Verona in the County of Essex, New Jersey that the Tax Collector is hereby authorized to make any corrections or adjustments to the accounts in the office of the Tax Collector where the correction or adjustment does not exceed

$10.00.

ROLL CALL:

14




TEMPORARY APPROPRATIONS FOR OPERATING PURPOSES

WHEREAS, N.J.S.A. 40A:4-19 Provides that, where any contracts, commitments,

or payments are to be made prior to the adoption of the 2018 budget, temporary appropriations be made for the purpose and amount required in the manner and time therein provided; and,

WHEREAS, the total appropriation in the 2017 budget, exclusive of any

appropriations made for principal and interest of debt, public assistance, and capital

improvement fund, is the sum of $19,887,583.13 for the Current Fund, $5,335,298 for the

Water/Sewer Utility Fund, and $476,092 for the Pool Utility; and,

WHEREAS, the temporary budget shall not exceed 26.25% of the total

appropriations in the 2017 budget, exclusive of any appropriations made for principal

and interest of debt, public assistance, and capital improvement fund, which is the sum

of $5,220,490.57 for the Current Fund, $1,400,515.73 for the Water/Sewer Utility Fund,

and $124,974.15 for the Pool Utility Fund.

NOW, THEREFORE, BE IT RESOLVED BY the Township Council of the

Township of Verona, County of Essex, that the following temporary appropriations for

2018 operating purposes be made in the amount of $4,974,390.51 for the Current Fund,

$1,182,544.14 for the Water/Sewer Utility Fund, and $133,271.27 for the Pool Utility Fund.




AUTHORIZING THE SETTLEMENT OF TAX APPEALS RESULTING

IN A REDUCTION NOT EXCEEDING $10,000.00

WHEREAS, there are tax appeals before the County Tax Board or the Tax Court of New Jersey where the amount of reduction in the total annual taxes as a result of a settlement does not exceed $10,000.00 per tax year; and

WHEREAS, it will be more cost efficient for the Township to permit the Tax Assessor, the Attorney and the Township Manager to settle those tax appeals without the necessity of obtaining Township Council approval by way of a resolution;

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Verona, in the County of Essex, New Jersey that the Tax Assessor, the Attorney and the Township Manager are hereby authorized to settle any tax appeal where the amount of reduction in the total annual taxes as a result of a settlement does not exceed $10,000.00 per tax year.

BE IT FURTHER RESOLVED that all settlements authorized pursuant to this Resolution shall be reported at the next meeting thereafter of the Township Council.

15

ROLL CALL:




APPOINTING A PUBLIC AGENCY COMPLIANCE OFFICER

WHEREAS, N.J.A.C. 17:27-3.5 requires a municipality to designate an officer or

employee to serve as its Public Agency Compliance Officer; and WHEREAS, it has been determined that the Township Manager, Matthew

Cavallo, shall serve as the Public Agency Compliance Officer for the Township;

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Verona, in the County of Essex, New Jersey that in pursuant to the provisions of N.J.A.C. 17:27-3.5 the Township Manager, Matthew Cavallo, is hereby designated as the Public Agency Compliance Officer for the Township of Verona.

BE IT FURTHER RESOLVED that the Municipal Clerk is hereby directed to

forward a copy of this resolution to the State of New Jersey, Department of the Treasury, Public Contract Equal Employment Opportunity Compliance Monitoring Program. ROLL CALL:



A motion was made by Councilman McEvoy; seconded by Councilman

Roman that the following resolution be adopted:

APPOINTMENT FOR AUDITING SERVICES TO PKF O’CONNOR DAVIES, LLP

WHEREAS, N.J.S.A. 40A:5-4 requires every local unit to cause an annual audit of

their books by a Registered Municipal Accountant licensed in the State of New Jersey; and

WHEREAS, the Township has received a proposal from PKF O’Connor Davies, LLP, 293 Eisenhower Parkway, Suite 270, Livingston, New Jersey 07039 to perform Auditing Services pursuant to statute; and

WHEREAS, the John Lauria, RMA, PSA, Principal of PKF O’Connor Davies, LLP,

has extensive experience in the field of Municipal Accounting and a long standing history in Verona; and

WHEREAS, the Chief Financial Officer and the Township Manager have

recommended that the PKF O’Connor Davies, LLP be awarded a contract to provide the aforementioned services; and

WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-5(a)(1)(i)) the Local

Fiscal Affairs Law (N.J.S.A. 40A-5-11) permit contracts for annual audit be awarded without the advertising for bids.

16

WHEREAS, the award of the contract to the PKF O’Connor Davies, LLP is being made pursuant to N.J.S.A. 19:44A-20.5; and

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Verona, in the County of Essex, State of New Jersey that PKF O’Connor Davies, LLP, 293 Eisenhower Parkway, Suite 270, Livingston, New Jersey 07039 is hereby retained to provide Auditing Services for the 2018 Budget Year, in a total contract amount not to exceed $56,100 without further authorization by the governing body; and

BE IT FURTHER RESOLVED that the Business Entity Disclosure Certification

and Determination of Value are to be placed on file with this Resolution.

BE IT FURTHER RESOLVED that this contract is being awarded pursuant to N.J.S.A. 19:44A-20.5.

BE IT FURTHER RESOLVED this expenditure shall be charged to Budget Account Nos. 6-01-20-145-217, 6-05-55-502-278, 6-05-55-502-381 or any other account that may be deemed appropriate by the Chief Financial Officer or his designee, and have been contingently certified by the Chief Financial Officer of the Township pending approval of the 2018 Budget.

BE IT FURTHER RESOLVED that a notice of this action shall be published once in the Verona-Cedar Grove Times.

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:





AUTHORIZING A CONTRACT WITH LAW OFFICES OF MICHAEL A. DeMIRO, JR. FOR SERVICES AS SPECIAL LEGAL COUNSEL

WHEREAS, the Township Attorney has determined a need for outside Special Counsel to handle certain litigation matter related to property tax appeals; and

WHEREAS, on November 8, 2017, the Township of Verona received sealed proposals for the Professional Legal Services, Tax Appeals Counsel – Contract # 18-01; and

WHEREAS, four (4) responsive proposals were received; and WHEREAS, the Township Manager, concurring with the Township Attorney, has

determined that it would be beneficial in to appoint the Law Offices of Michael A. DeMiro, Jr., 155 Pompton Avenue, Verona, New Jersey 07044 as Special Legal Counsel to represent the Township in these matters; and WHEREAS, the award of the contract to the Law Offices of Michael A. DeMiro, Jr. is being made via a fair and open process pursuant to N.J.S.A. 19:44A-20.4; and

17

WHEREAS, the cost for said professional services shall be set at a fixed hourly rate of $125.00 per hour for attorney services plus the cost of reimbursable expenses, not to exceed $25,000 for the calendar year without further authorization by the Township Council; and WHEREAS, this expenditure shall be charged to Budget Account No. 01-20-155-028, or any other account that may be deemed appropriate by the Chief Financial Officer or his designee, and the availability of funds have been contingently certified by the Chief Financial Officer of the Township pending approval of the 2018 Budget. NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Verona, in the County of Essex, New Jersey that the Law Offices of Michael A. DeMiro, Jr. 155 Pompton Avenue, Verona, New Jersey 07044 is hereby appointed as Special Legal Counsel and shall be paid at the fixed hourly rate of $125.00 an hour, plus the cost of reimbursable expenses, not to exceed $25,000 for the calendar year without further authorization by the Township Council. BE IT FURTHER RESOLVED that the Business Entity Disclosure Certification and Determination of Value are to be placed on file with this Resolution.

BE IT FURTHER RESOLVED, that the Township reserves the right to cancel this contract upon thirty (30) days’ notice and the Law Offices of Michael A. DeMiro, Jr. shall only be paid for the work completed; furthermore, no minimum amount of work or payment is implied or guaranteed. BE IT FURTHER RESOLVED that this contract is being awarded pursuant to N.J.S.A. 19:44A-20.4. BE IT FURTHER RESOLVED that this expenditure shall be charged to Budget Account No. 01-20-155-028, or any other account that may be deemed appropriate by the Chief Financial Officer or his designee, and the availability of funds have been contingently certified by the Chief Financial Officer of the Township pending approval of the 2018 Budget. BE IT FURTHER RESOLVED that a notice of this action shall be published once in the Verona-Cedar Grove Times. 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.




AUTHORIZING A CONTRACT WITH McMANIMON, SCOTLAND &

BAUMANN, LLC FOR SERVICES AS SPECIAL BOND COUNSEL

WHEREAS, the Township Attorney has determined a need for outside Special Counsel to handle certain matters related to the issuance of bonds and notes; and

18

WHEREAS, on November 8, 2017, the Township of Verona received sealed proposals for the Professional Legal Services, Bond Counsel – Contract # 18-01; and

WHEREAS, two (2) responsive proposals were received; and

WHEREAS, the Township Manager, concurring with the Township Attorney, has

determined that it would be beneficial in to appoint the McManimon, Scotland & Baumann, LLC, 75 Livingston Avenue, Roseland, New Jersey 07068 as Special Legal Counsel to represent the Township in these matters; and WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-5(a)(1)(i)) permits contracts for professional services to be negotiated and awarded by the governing body without public advertising for bids and requires that the resolution authorizing the award of a contract for professional services without competitive bids and the contract itself be available for public inspection; and

WHEREAS, the award of the contract to the McManimon, Scotland & Baumann, LLC is being made via a fair and open process pursuant to N.J.S.A. 19:44A-20.4; and WHEREAS, the cost for said professional services shall be set at a fixed in the fee agreement which shall be annexed hereto this resolution; and WHEREAS, this expenditure shall be charged to Budget Account No. 01-20-155-028, or any other account that may be deemed appropriate by the Chief Financial Officer or his designee, and the availability of funds have been contingently certified by the Chief Financial Officer of the Township pending approval of the 2018 Budget. NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Verona, in the County of Essex, New Jersey that McManimon, Scotland & Baumann, LLC , 75 Livingston Avenue, Roseland, New Jersey 07068 is hereby appointed as Special Legal Counsel and shall be paid in accordance with the fee agreement annexed hereto this resolution. BE IT FURTHER RESOLVED that the Business Entity Disclosure Certification and Determination of Value are to be placed on file with this Resolution.

BE IT FURTHER RESOLVED, that the Township reserves the right to cancel this contract upon thirty (30) days’ notice and McManimon, Scotland & Baumann, LLC shall only be paid for the work completed; furthermore, no minimum amount of work or payment is implied or guaranteed. BE IT FURTHER RESOLVED that this contract is being awarded pursuant to N.J.S.A. 19:44A-20.4. BE IT FURTHER RESOLVED that this expenditure shall be charged to Budget Account No. 01-20-155-028, certain Capital Ordinances, or any other account that may be deemed appropriate by the Chief Financial Officer or his designee, and the availability of funds have been contingently certified by the Chief Financial Officer of the Township pending approval of the 2018 Budget. BE IT FURTHER RESOLVED that a notice of this action shall be published once in the Verona-Cedar Grove Times. BE IT FUTHER 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:

19





AUTHORIZING A CONTRACT WITH R&R PUMP and CONTROL SERVICES, INC.

WHEREAS, the Township’s Water and Sewer Treatment Plant had had the need for water and sewer pump and drive repairs; and

WHEREAS, the Township solicited quotations for the work to be completed and R&R Pump and Control Services, LLC., located at 1145 Westbrook Road, West Milford, New Jersey 07480 submitted a proposal to provide the aforementioned services which was below the pay-to-play threshold; and

WHEREAS, after beginning work to repair said pump, additional work was

required increasing the proposal above the pay-to-play threshold to $18,181; and

WHEREAS, R&R Pump and Control Services, LLC has extensive experience as a representative and service facility for the world’s leading manufacturers of equipment used in the treatment and transfer of water, wastewater and other fluids, serving municipal, industrial, construction, commercial and utility markets throughout the State of New Jersey and has previously provided these services to the Township; and WHEREAS, the Township Manager, concurring with the Supervising Sewer Plant Operator, has recommended that R&R Pump and Control Services, LLC be awarded a contract to provide the aforementioned services; and WHEREAS, the award of the contract to R&R Pump and Control Services, LLC is being made pursuant to N.J.S.A. 19:44A-20.5; and WHEREAS, the cost for said professional services shall exceed $17,500.00 as outlined in the proposal without further authorization by the Township Council; and THEREFORE, BE IT RESOLVED by the Township Council of the Township of Verona, in the County of Essex, New Jersey that R&R Pump and Control Services, LLC is hereby awarded a contract for repairs to water and sewer pumps and drives in the amount of $18,181. 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:

20





AUTHORIZING A CONTRACT WITH SAMUEL KLEIN AND COMPANY, CPAs FOR FINANCIAL ADVISEMENT SERVICES

WHEREAS, the Township Manager has determined a need for outside services of a financial advisement specifically the preparation of annual budget and financial documents and preparation for the 2017 Bond Sale; and

WHEREAS, the Township Manager, concurring with the Chief Financial Officer, has determined that it would be beneficial in to appoint Samuel Klein and Company, CPAs, 550 Broad Street, Newark, New Jersey 07102 as Financial Advisors to represent the Township in these matters; and WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-5(a)(1)(i)) permits contracts for professional services to be negotiated and awarded by the governing body without public advertising for bids and requires that the resolution authorizing the award of a contract for professional services without competitive bids and the contract itself be available for public inspection; and

WHEREAS, the award of the contract to Samuel Klein and Company, CPAs is being made pursuant to N.J.S.A. 19:44A-20.5; and WHEREAS, it was estimated that the cost of the services provided would be below $17,500 in 2017, however the cost for said professional services once completed totaled $17,850; and WHEREAS, this expenditure was charged to Budget Account No. 7-01-20-130-217, 7-05-55-502-381, and several Capital Ordinances related to the bond sale and the availability of funds have been contingently certified by the Chief Financial Officer of the Township. NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Verona, in the County of Essex, New Jersey that Samuel Klein and Company, CPAs, 550 Broad Street, Newark, New Jersey 07102 is hereby appointed for financial advisement services for the calendar year without further authorization by the Township Council. BE IT FURTHER RESOLVED that the Business Entity Disclosure Certification and Determination of Value are to be placed on file with this Resolution. BE IT FURTHER RESOLVED that this contract is being awarded pursuant to N.J.S.A. 19:44A-20.5. BE IT FURTHER RESOLVED this expenditure was charged to Budget Account No. 7-01-20-130-217, 7-05-55-502-381, and several Capital Ordinances related to the bond sale and the availability of funds have been contingently certified by the Chief Financial Officer of the Township. BE IT FURTHER RESOLVED that a notice of this action shall be published once in the Verona-Cedar Grove Times.

21

BE IT FUTHER 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:





AUTHORIZE BUDGET TRANSFERS BETWEEN APPROPRIATION

ACCOUNTS PURSUANT TO NJSA 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, BE IT RESOLVED, by the Township 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 Account # From To

ROLL CALL: AYES: Roman, Giblin, McEvoy, Nochimson, Ryan

NAYS:




Current Fund – Street and Roads Salary and

Wage

7-01-26-290-011 $15,000

Current Fund – Street and Roads Other

Expenses

7-01-26-290-132 $15,000

Current Fund – Street Lighting 7-01-31-435-000 $10,000

Current Fund – Communications Other

Expenses

7-01-24-264-058 $10,000

22

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.

ROLL CALL:


Licenses and Permits: Limousine License issued to American Airport & Limousine Services, LLC, 2 Sunnyside Place, Verona, New Jersey - Term Expiring 12/30/2018 Towing Operating License issued to Essex County Recovery, 329 Broad Street, Bloomfield, New Jersey – Term 1/1/2018-12/31/2018 New Business:

Council Appointments Term Expires a. Township Prosecutor Brian Mason, Esq. 12/31/2018

(N.J.S.A. 2B:25-2) b. Municipal Public Defender William R. Fried, Esq. 12/31/2018

(N.J.S.A. 2B:24-4)

c. Municipal Alliance Committee Robert Hill – Public Member 6/30/2019 Matthew Cavallo reports that the inside work of the library renovations is on schedule. He states the Deputy Mayor requested a discussion of the mantle in the library. Mr. Cavallo states the bid contract called for the re-creation of the mantle, but it recently has been brought to the Township’s attention that the mantle is an original piece of the library and should, if possible, be saved. Mr. Cavallo researched a restoration architect to strip and restore the mantle as a cost of approximately $3,500 and a cost of $300 to remove and replace the mantle. He requests the Council to make a decision this evening as time is of the essence and if the original mantle is not replaceable, time is still available to incorporate a new mantle. After discussion, Council unanimously decides

23

to go ahead with the reconditioning and to first notify the Library Board of Trustees of their decision.

Public Participation:

Al DeOld, 15 Howard Street, Verona, New Jersey Rich Aloia, 37 Malvern Place, Verona, New Jersey Jessica Pearson, 20 Montclair Avenue, Verona, New Jersey Christine McGrath, 57 Fairway Avenue, Verona, New Jersey Council enters into Executive Session at 9:02 p.m. Council re-enters Public Session at 9:10 p.m.

ORDINANCE # 2018-04

FIXING THE SALARIES AND COMPENSATION OF THE PAID OFFICERS AND EMPLOYEES OF THE TOWNSHIP FOR THE 2018 CALENDAR YEAR

The Municipal Clerk reads Ordinance No. 2018-04 by title into record. Township Manager Matthew Cavallo thanks the Council for their cooperation in structuring this ordinance which eliminates longevity from non-union employees of the Township. The increase in salaries is effective January 1, 2018 with the exception of the reclassification of certain employees, which is effective February 2, 2018. Motion for introduction of Ordinance No. 2018-04 is moved by Councilman Roman; seconded by Councilman Giblin. ROLL CALL:

AYES: Roman, Giblin, McEvoy, Ryan NAYS: Nochimson

Ordinance No. 2018-04 is approved 4-1 and will be published according to law and a public hearing will be held on January 22, 2018. Adjournment: Motion to adjourn the public meeting at 9:12 is moved by Councilman McEvoy; seconded by Councilman Giblin. Vote: 5 ayes. The next regular scheduled meeting is January 22, 2018 at 7:00 p.m. Respectfully submitted,

Jennifer Kiernan Kevin Ryan

Jennifer Kiernan, Municipal Clerk Kevin Ryan, Mayor APPROVED: January 22, 2018

minutes of a regular meeting of the verona township ... · minutes of a regular meeting of the...

Documents