township council agenda - veronanj.org docs/072320 public.pdf · verona, in the county of essex,...

### Consent Agenda R # 135 *** Requires 2/3 Affirmative Confirmation O # 18

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TOWNSHIP COUNCIL AGENDA REGULAR MEETING 7:00 P.M. JULY 27, 2020

VIA ZOOM VIDEO CONFERENCE Via the internet, please click the link below to join the meeting:

https://zoom.us/j/95262662770 Via telephone, please dial 1(312)626-6799 or 1(646)558-8656

Use Zoom Meeting ID: 952-6266-2770, when prompted for a Participant ID, press #

A. CALL TO ORDER

1. Open Public Meetings Act Compliance Statement

B. ROLL CALL

C. PLEDGE OF ALLEGIANCE

D. REPORT OF THE MAYOR 1. Julius N. Coltre, Essex County Liaison

E. REPORT OF THE TOWNSHIP MANAGER F. COUNCILMEMBERS’ REPORTS

G. HEARING ADOPTION OR AMENDMENT OF ORDINANCES

1. Ordinance No. 2020-17 Bond – Purchase of Block 501, Lot 83 & Block 1201, Lot 3.01 ($12,800,000.00)

H. PROPOSED ORDINANCES

I. PUBLIC COMMENT ON CONSENT AGENDA ITEMS

CONSENT AGENDA

J. MINUTES

1. July 13, 2020 – Regular Meeting

K. PROPOSED RESOLUTIONS 1. Resolution No. 2020-___ Accepting the Award of the 2020 Essex

County Recreation and Open Space Trust

Fund Local Aid Programs Grant

2. Resolution No. 2020-___ Approving Contract with Valley Health Medical Group for DOT/CDL Employee Drug Testing

3. Resolution No. 2020-___ VMAC Grant Authorization 4. Resolution No. 2020-___ Cancellation of Taxes - 35 Gould Street

5. Resolution No. 2020-___ Refund Escrow – 744 Bloomfield Avenue

6. Resolution No. 2020-___ Refund Escrow – 271 Grove Avenue, Building F

7. Resolution No. 2020-___ Property Maintenance Lien – 111 Linden Avenue

8. Resolution No. 2020-___ Executive Session (if necessary)

L. LICENSES AND PERMITS M. ADDENDUM

https://zoom.us/j/95262662770

### Consent Agenda R # 135 *** Requires 2/3 Affirmative Confirmation O # 18

TOWNSHIP COUNCIL AGENDA July 27, 2020

***AGENDA SUBJECT TO CHANGE***

N. NEW/UNFINISHED BUSINESS 1. Consider request of GTI New Jersey for a letter of support for a medical cannabis

dispensary located at 30 Pompton Avenue, Verona, New Jersey **NOTE: No official action will take place on this matter until the next Regular Meeting of the Township Council On August 10, 2020.

2. Board/Committee/Commission Appointments a. Green Team

i. Frank Ceccacci Environmental Comm. Term Ending 6/30/2021

ii. Johnathon Hayter Public Member Term Ending 6/30/2021

b. Planning Board

i. ________________ Class IV Member Unexp. Term Ending 6/30/2021

c. Rent Control Board

i. Alex Graziano, Esq., Board Attorney Term Ending 6/30/2021

O. PUBLIC COMMENT

P. EXECUTIVE SESSION Q. ADJOURNMENT

The Public Comment period for the public hearing for ordinances and the Consent Agenda is limited to just

those specific items. However, the public may speak on any matter during Public Comment, listed on the agenda as item “O” on this agenda. At that time, anyone from the public wishing to speak will be prompted to raise his/her virtual hand. You may do so by pressing the “raise hand” button on your monitor or, if dialing in by phone, press *9. You will be recognized and advised that you are unmuted. Your comments will be limited

to four (4) minutes.

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TOWNSHIP OF VERONA COUNTY OF ESSEX, STATE OF NEW JERSEY

ORDINANCE No. 2020-___

BOND ORDINANCE AUTHORIZING THE PURCHASE OF PROPERTY IN

AND BY THE TOWNSHIP OF VERONA, IN THE COUNTY OF ESSEX, NEW JERSEY KNOWN AS BLOCK 501, LOT 83 AND BLOCK 1201, LOT 3.01 ON

THE TAX MAP OF THE TOWNSHIP, APPROPRIATING $12,800,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $12,190,000 BONDS

OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF

BE IT ORDAINED BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF

VERONA, IN THE COUNTY OF ESSEX, NEW JERSEY (not less than two-thirds of all members

thereof affirmatively concurring) AS FOLLOWS:

SECTION 1. The improvement described in Section 3(a) of this bond ordinance is

hereby authorized to be undertaken by the Township of Verona, in the County of Essex, New

Jersey (the "Township") as a general improvement. For the improvement or purpose described

in Section 3(a), there is hereby appropriated the sum of $12,800,000, including the sum of $610,000

as the down payment required by the Local Bond Law. The down payment is now available from

the Open Space Trust Fund and/or the Capital Improvement Fund.

SECTION 2. In order to finance the cost of the improvement or purpose not covered by

application of the down payment, negotiable bonds are hereby authorized to be issued in the

principal amount of $12,190,000 pursuant to the Local Bond Law. In anticipation of the issuance

of the bonds, negotiable bond anticipation notes are hereby authorized to be issued pursuant to

and within the limitations prescribed by the Local Bond Law.

SECTION 3. (a) The improvement hereby authorized and the purpose for the financing

of which the bonds are to be issued is the purchase of property in the Township known as 111

Mt. Prospect Avenue and described on the official tax map of the Township as Lot 83, Block 501

and 25 Commerce Court and described on the official tax map of the Township as Lot 3.01, Block

1201 (the “Property”), including all costs necessary therefor and incidental thereto.

(b) The estimated maximum amount of bonds or bond anticipation notes to be issued for

the improvement or purpose is as stated in Section 2 hereof.

(c) The estimated cost of the improvement or purpose is equal to the amount of the

appropriation herein made therefor.

(d) The Township is hereby authorized to purchase the Property and the Mayor,

Township Manager and Municipal Clerk are authorized to execute all agreements, certificates

and other documents in furtherance of such purchase.

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SECTION 4. All bond anticipation notes issued hereunder shall mature at such times as

may be determined by the Chief Financial Officer; provided that no bond anticipation note shall

mature later than one year from its date, unless such bond anticipation notes are permitted to

mature at such later date in accordance with applicable law. The bond anticipation notes shall

bear interest at such rate or rates and be in such form as may be determined by the Chief Financial

Officer. The Chief Financial Officer shall determine all matters in connection with bond

anticipation notes issued pursuant to this bond ordinance, and the Chief Financial Officer's

signature upon the bond anticipation notes shall be conclusive evidence as to all such

determinations. All bond anticipation notes issued hereunder may be renewed from time to time

subject to the provisions of the Local Bond Law or other applicable law. The Chief Financial

Officer is hereby authorized to sell part or all of the bond anticipation notes from time to time at

public or private sale and to deliver them to the purchasers thereof upon receipt of payment of

the purchase price plus accrued interest from their dates to the date of delivery thereof. The Chief

Financial Officer is directed to report in writing to the governing body at the meeting next

succeeding the date when any sale or delivery of the bond anticipation notes pursuant to this

bond ordinance is made. Such report must include the amount, the description, the interest rate

and the maturity schedule of the bond anticipation notes sold, the price obtained and the name

of the purchaser.

SECTION 5. The Township hereby certifies that it has adopted a capital budget or a

temporary capital budget, as applicable. The capital or temporary capital budget of the Township

is hereby amended to conform with the provisions of this bond ordinance to the extent of any

inconsistency herewith. To the extent that the purposes authorized herein are inconsistent with

the adopted capital or temporary capital budget, a revised capital or temporary capital budget

has been filed with the Division of Local Government Services.

SECTION 6. The following additional matters are hereby determined, declared, recited

and stated:

(a) The improvement or purpose described in Section 3(a) of this bond ordinance is

not a current expense. It is an improvement or purpose that the Township may lawfully

undertake as a general improvement, and no part of the cost thereof has been or shall be specially

assessed on property specially benefitted thereby.

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(b) The period of usefulness of the improvement or purpose within the limitations of

the Local Bond Law, according to the reasonable life thereof computed from the date of the bonds

authorized by this bond ordinance, is 40 years.

(c) The Supplemental Debt Statement required by the Local Bond Law has been duly

prepared and filed in the office of the Municipal Clerk, and a complete executed duplicate thereof

has been filed in the office of the Director of the Division of Local Government Services in the

Department of Community Affairs of the State of New Jersey. Such statement shows that the

gross debt of the Township as defined in the Local Bond Law is increased by the authorization of

the bonds and notes provided in this bond ordinance by $12,190,000, and the obligations

authorized herein will be within all debt limitations prescribed by that Law.

(d) An aggregate amount not exceeding $1,280,000 for items of expense listed in and

permitted under N.J.S.A. 40A:2-20 is included in the estimated cost indicated herein for the

purpose or improvement.

SECTION 7. The Township hereby makes the following covenants and declarations with

respect to obligations determined to be issued by the Chief Financial Officer on a tax-exempt

basis. The Township hereby covenants that it will comply with any conditions subsequent

imposed by the Internal Revenue Code of 1986, as amended (the “Code”), in order to preserve

the exemption from taxation of interest on the obligations, including, if necessary, the

requirement to rebate all net investment earnings on the gross proceeds above the yield on the

obligations. The Chief Financial Officer is hereby authorized to act on behalf of the Township to

deem the obligations authorized herein as bank qualified for the purposes of Section 265 of the

Code, when appropriate. The Township hereby declares the intent of the Township to issue

bonds or bond anticipation notes in the amount authorized in Section 2 of this bond ordinance

and to use the proceeds to pay or reimburse expenditures for the costs of the purpose described

in Section 3 of this bond ordinance. This Section 7 is a declaration of intent within the meaning

and for purposes of Treasury Regulations §1.150-2 or any successor provisions of federal income

tax law.

SECTION 8. Any grant moneys received for the purpose described in Section 3 hereof

shall be applied either to direct payment of the cost of the improvement or to payment of the

obligations issued pursuant to this bond ordinance. The amount of obligations authorized but

not issued hereunder shall be reduced to the extent that such funds are so used.

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SECTION 9. The Chief Financial Officer of the Township is hereby authorized to

prepare and to update from time to time as necessary a financial disclosure document to be

distributed in connection with the sale of obligations of the Township and to execute such

disclosure document on behalf of the Township. The Chief Financial Officer is further authorized

to enter into the appropriate undertaking to provide secondary market disclosure on behalf of

the Township pursuant to Rule 15c2-12 of the Securities and Exchange Commission (the “Rule”)

for the benefit of holders and beneficial owners of obligations of the Township and to amend such

undertaking from time to time in connection with any change in law, or interpretation thereof,

provided such undertaking is and continues to be, in the opinion of a nationally recognized bond

counsel, consistent with the requirements of the Rule. In the event that the Township fails to

comply with its undertaking, the Township shall not be liable for any monetary damages, and

the remedy shall be limited to specific performance of the undertaking.

SECTION 10. The full faith and credit of the Township are hereby pledged to the

punctual payment of the principal of and the interest on the obligations authorized by this bond

ordinance. The obligations shall be direct, unlimited obligations of the Township, and the

Township shall be obligated to levy ad valorem taxes upon all the taxable real property within the

Township for the payment of the obligations and the interest thereon without limitation of rate

or amount.

SECTION 11. This bond ordinance shall take effect 20 days after the first publication

thereof after final adoption, as provided by the Local Bond Law.

ATTEST: JENNIFER KIERNAN MUNICIPAL CLERK

NOTICE I HEREBY CERTIFY THAT THE AFOREMENTIONED ORDINANCE WAS PUBLISHED IN THE STAR LEDGER, A NEWSPAPER PUBLISHED IN THE COUNTY OF ESSEX AND CIRCULATED IN THE TOWNSHIP OF VERONA, IN THE ISSUE OF JULY 17, 2020 AND, 2020.

JENNIFER KIERNAN MUNICIPAL CLERK

INTRODUCTION: July 13, 2020 PUBLIC HEARING: July 27, 2020 EFFECTIVE DATE:

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RESOLUTION No. 2020-____

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

ACCEPTING THE AWARD OF THE 2020 ESSEX COUNTY RECREATION AND OPEN SPACE TRUST FUND LOCAL AID PROGRAM GRANT FROM

THE COUNTY OF ESSEX, STATE OF NEW JERSEY

WHEREAS, the Township of Verona has been awarded a grant in the sum of $150,000 from the Essex County Recreation and Open Space Trust Fund Local Aid Program; and WHEREAS, this funds will assist Verona with funding improvements to the playground at the Verona Community Center; and WHEREAS, the Township’s contribution toward the grant will be the zero dollars. NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Verona, in the County of Essex, New Jersey that the Township of Verona is hereby authorized to accept for this grant in the amount of $150,000. BE IT FURTHER RESOLVED that the Township Manager, Municipal Clerk and any other officer deemed appropriate are hereby authorized to execute any and all documents necessary to accept this grant. ROLL CALL:

AYES: NAYS: ABSENT: ABSTAIN:

THIS IS TO CERTIFY THAT THE FOREGOING IS A TRUE AND EXACT COPY OF A RESOLUTION ADOPTED BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF VERONA AT THE REGULAR MEETING HELD ON JULY 27, 2020.


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

AUTHORIZING EXECUTION OF AGREEMENT WITH VALLEY HEALTH

MEDICAL GROUP FOR ALCOHOL & DRUG TESTING

WHEREAS, Valley Health Medical Group provides alcohol and drug testing services to support workplace alcohol and drug testing program and policies; and WHEREAS, the Township has a policy, pursuant to Federal Department of Transportation regulations, for alcohol and drug abuse testing of employees with Commercial Drivers’ Licenses; NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Verona, in the County of Essex, New Jersey approves of entering into an agreement with Valley Health Medical Group for alcohol and drug abuse testing for a period of two years effective July 1, 2020. BE IT FURTHER RESOLVED that the Township Manager, Municipal Clerk and any other officer deemed appropriate are hereby authorized to execute any and all documents necessary to enter into the agreement. ROLL CALL:




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A motion was made by ; seconded by that the following resolution be

adopted:

AUTHORIZING THE SUBMISSION OF AN AMENDED STRATEGIC PLAN FOR THE VERONA MUNICIPAL ALLIANCE GRANT FOR FISCAL YEAR

2019-20 AND FISCAL YEAR 2020-21

WHEREAS, Resolution No. 2020-038 was passed by the Township Council on January 6, 2020 authorizing the submission of the strategic plan for the Verona Municipal Alliance Grant for Fiscal Year 2020-21; and

WHEREAS, the State has extended the 2019-20 Fiscal Year to extend through September 30, 2020 which requires a 2019-20 strategic plan to be amended to include a 5th Quarter and an amendment of the 2020-21 strategic plan that was authorized by Resolution No. 2020-038; and

WHEREAS, the Governor’s Council on Alcoholism and Drug Abuse (GCADA)

established the Municipal Alliances for the Prevention of Alcoholism and Drug Abuse in 1989 to educate and engage residents, local government and law enforcement officials, schools, nonprofit organizations, the faith community, parents, youth and other allies in efforts to prevent alcoholism and drug abuse in communities throughout New Jersey; and

WHEREAS, the Township Council recognizes that the abuse of alcohol and drugs is a serious problem in our society amongst persons of all ages; and therefore has an established Municipal Alliance Committee; and

WHEREAS, the Township Council further recognize that it is incumbent upon not only public officials but upon the entire community to take action to prevent such abuses in our community; and

WHEREAS, the Township Council has applied for funding to the Governor’s Council on Alcoholism and Drug Abuse (GCADA) through the County of Essex.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Verona, in the County of Essex, State of New Jersey does hereby authorize submission of an amended strategic plan for the Verona Municipal Alliance Grant for fiscal year 2019-20 to include a 5th Quarter in the amount of:

Drug Enforcement Demand Reduction Fund (DEDR) $1,502.50 Local Match $375.63 In-Kind Match $1,126.88 GRANT TOTAL $3,005.01

BE IT FURTHER RESOLVED that the Township Council hereby authorize submission

of an amended strategic plan for the Verona Municipal Alliance Grant for fiscal year 2020-21 in the amount of:

Drug Enforcement Demand Reduction Fund (DEDR) $12,225.00 Local Match $3,056.25 In-Kind Match $9,168.75 GRANT TOTAL $24,450.00

BE IT FURTHER RESOLVED that the Township Council acknowledges the terms and

conditions for administering the Municipal Alliance grant, including the administrative compliance and audit requirements.

K-3 ROLL CALL:




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RESOLUTION No. 2020-___

A motion was made by seconded by that the following resolution be

adopted: CANCEL TAXES BLOCK 1702 LOT 5 QUALIFIER X

WHEREAS, the Tax Collector was notified from the Tax Assessor’s office that

Block 1702 Lot 5 Qualifier X, property known as 36 Gould Street, owned by Holy Spirit Episcopal Church should be totally exempt due to the Church no longer leasing a portion of the building to Creative Beginnings Preschool, and

WHEREAS, this property was originally billed for 3rd and 4th quarter 2020 in the

amount of $1,360.88 each quarter; and WHEREAS, this property should no longer be billed as of July 1, 2020.

NOW, THEREFORE, BE IT RESOLVED, that the Tax Collector be authorized to

cancel the 3rd and 4th quarter billing on Block 1702 lot 5 Qualifier X.


THIS IS TO CERTIFY THAT THE FOREGOING IS A TRUE AND EXACT COPY OF A RESOLUTION ADOPTED BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF VERONA AT THE REGULAR MEETING HELD ON JULY 27, 2020. JENNIFER KIERNAN MUNICIPAL CLERK

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A motion was made by ; seconded by that the following resolution

be adopted:

REFUNDING ESCROW PAYMENT

WHEREAS, Escrow fees, for the Board of Adjustment, were received Flat Iron, LLC, for

property located at 744 Bloomfield Avenue and the fees have been held in Trust; and

WHEREAS, certification has been received from the Engineer to release these funds, from

Trust, as follows:

ESCROW EXPENSES AMOUNT TO

AMOUNT BE REFUNDED

$1,000.00 $0.00 $1,000.00

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Verona, in the County of Essex New Jersey that the Chief Financial Officer and Tax Collector be authorized to refund, from the Trust Account, $1,000.00 to Flat Iron, LLC, 20 Montclair Avenue, Verona, NJ 07044

ROLL CALL:




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RESOLUTION No. 2020-


be adopted:

REFUNDING ESCROW PAYMENT

WHEREAS, Escrow fees, for the Board of Adjustment, were received Executive Kids, for

property located at 271 Grove Avenue Building F 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 EXPENSES AMOUNT TO

AMOUNT BE REFUNDED

$1,000.00 $0.00 $1,000.00

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Verona, in the County of Essex New Jersey that the Chief Financial Officer and Tax Collector be authorized to refund, from the Trust Account, $1,000.00 to Executive Kids, 271 Grove Avenue Building F, Verona, NJ 07044

ROLL CALL:




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RESOLUTION NO. 2020-___

A motion was made by ; seconded by that the following resolution be

adopted: PROPERTY MAINTENANCE LIEN

WHEREAS, the Construction Code Official determined that the owner of the Block 902,

Lot 10 on the Tax Maps of the Township of Verona, commonly known as 111 Linden Avenue, to comply with the Township property maintenance code, specifically lawn maintenance of the property; and

WHEREAS, clean up was performed by Martin Contracting on behalf of the Township on

June 26, 2020 totaling the amount of $2,200.00; and

WHEREAS, these charges shall be imposed on the property in the form of a municipal lien for above services pursuant to N.J.S.A. 54:5-8 and to any other applicable State of Federal regulation.

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

Verona, County of Essex, New Jersey, that the Tax Collector be and is hereby authorized and directed to take all appropriate actions to impose on the property commonly known as 111 Linden Avenue, Verona, New Jersey (Block 902, Lot 1 0 ) a municipal lien in the amount of the tax lien certificate ($2,200.00), where upon the Tax Collector shall, within ten (10) days of encumbering of the property, send official notice of said encumbrance via certified mail, return receipt requested and regular mail to any and all other lien holders or creditors with a secured interest in the property.

ROLL CALL:


THIS IS TO CERTIFY THAT THE FOREGOING IS A TRUE AND EXACT COPY OF A RESOLUTION ADOPTED BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF VERONA AT THE REGULAR MEETING HELD ON JULY 27, 2020. JENNIFER KIERNAN MUNICIPAL CLERK

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be adopted:

PERMITTING ITEMS TO BE DISCUSSED IN EXECUTIVE SESSION

WHEREAS, Section 8 of the Open Public Meetings Act, Chapter 231, P.L. 1975, permits the exclusion of the Public from a meeting in certain circumstances; and

WHEREAS, this public body is of the opinion that such circumstances presently exists. NOW, THEREFORE, BE IT RESOLVED by the Township 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:

(To Be Announced and Amended, if Executive Session is necessary)

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: AYES: NAYS:

ABSENT: ABSTAIN:



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