Agenda · Jul 19, 2022
Township Council Meeting — Agenda
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9. Ordinances on Second and Final Reading a. 2687-22 Calendar Year 2022 Ordinance to Exceed the Municipal Budget Appropriation Limits and to Establish a CAP Bank (N.J.S.A. 40A: 4-45.14) (Gross/Prochilo) b. 2688-22 An Ordinance Creating a Reclassification and Salary Schedule of Certain Township of West Orange Employees Setting Forth Their Titles, Classification and Salary Ranges and Adopting a Salary Guide and Establishing the Employee’s Status as a Township Employee and Under the Guidelines of the New Jersey Department of Personnel (Gross) c. 2689-22 Bond Ordinance Providing for Various 2022 Capital Improvements, by and in the Township of West Orange, in the County of Essex, State of New Jersey, Appropriating $10,448,104 Therefor and Authorizing the Issuance of $9,950,572 in Bonds or Notes of the Township to Finance Part of the Cost Thereof (Gross) d. 2690-22 Bond Ordinance Providing for Capital Improvements and Equipment Acquisitions for Various Parks, by and in the Township of West Orange, in the County of Essex, State of New Jersey (the “township”); Appropriating $4,500,000 Therefor and Authorizing the Issuance of $4,285,714 Bonds or Notes of the Township to Finance Part of the Cost Thereof (Gross) e. 2691-22 Bond Ordinance Providing for Phase III of the Local Unit’s Allocable Share of the Flood Mitigation Facilities Project of the Joint Meeting of Essex and Union Counties, by and in the Township of West Orange, in the County of Essex, State of New Jersey (the “local unit”); Appropriating $4,865,000 Therefor and Authorizing the Issuance of $4,865,000 Bonds or Notes to Finance the Cost Thereof (Gross) 10. Ordinances on First Reading a. 2692-22 An Ordinance Amending and Supplementing Chapter 7, Traffic, Subsection 7-29.1, Speed Limits, General of the Revised General Ordinances of the Township of West Orange to Establish a Speed Limit of 25 miles Per Hour on Mt. Pleasant Avenue, from Prospect Avenue to Jones Place, a County Road, Subject to the Consent of the Essex County Commissioners (Lepore) 11. Pending Matters/New Matters/Council Discussion 12. ABC Hearing a. 694-22 Hearing on Renewal for Plenary Retail Consumption, Distribution and Club Licenses for the 2022-2023 License Term (Clerk) Resolution Subject to Change as Additional Licensees Pay their Fees 13. Adjournment The Council President may
Consumption, Distribution and Club Licenses for the 2022-2023 License Term (Clerk) Resolution Subject to Change as Additional Licensees Pay their Fees 13. Adjournment The Council President may at his/her discretion modify with consent the order of business at any meeting of the Council if he/she deems it necessary and appropriate. (1972 Code § 3-8; Ord. No. 726-84; Ord. No. 1157-93; Ord. No. 2128-07 § II) Agenda is subject to change. ZOOM INSTRUCTIONS: https://us06web.zoom.us/j/85761357724?pwd=eXk1ZExzK0RHVzNPYXRaMVl5L3dvdz09 Passcode: 486331 Dial in 1 646 931 3860 Next Meeting Date(s): August 9, 2022
171-22 July 19, 2022 Township of West Orange Resolution to Read Budget by Title WHEREAS, N.J.S.A. 40A:4-8 is amended to read as follows: The budget shall be read, in full, or it may be read by its title, if 1. At least one week prior to the date of the hearing and at the hearing, a complete copy of the approved budget, a. shall be made available for public inspection, and b. shall be made available to each person upon request, and 2. The governing body shall, by resolution passed by not less than a majority of the full membership, determine that the budget shall be read by its title and declare that the conditions set forth in subsection (1) of this section have been met. After closing the hearing, the governing body may adopt the budget, by title without amendments, or may approve amendments as provided in N.J.S.40A:4-9 before adoption. Karen J. Carnevale, R.M.C. Susan McCartney, Council President Municipal Clerk Adopted: July 19, 2022
SECTION 2 - UPON ADOPTION FOR YEAR 2022 RESOLUTION Be it Resolved by the COUNCIL MEMBERS of the TOWNSHIP of WEST ORANGE ,County of ESSEX that the budget hereinbefore set forth is hereby adopted and shall constitute an appropriation for the purposes stated of the sums therein set forth as appropriations, and authorization of the amount of: (a) $ 60,862,253.28 (Item 2 below) for municipal purposes, and (b) $ - (Item 3 below) for school purposes in Type I School Districts only (N.J.S.A. 18A:9-2) to be raised by taxation and, (c) $ - (Item 4 below) to be added to the certificate of amount to be raised by taxation for local school purposes in Type II School Districts only (N.J.S.A. 18A:9-3) and certification to the County Board of Taxation of the following summary of general revenues and appropriations. (d) $ 556,125.57 (Sheet 43) Open Space, Recreation, Farmland and Historic Preservation Trust Fund Levy (e) $ - (Sheet 44) Arts and Culture Trust Fund Levy (f) $ 2,212,554.02 (Item 5 Below) Minimum Library Tax RECORDED VOTE Abstained (Insert last name) Ayes Nays Absent 1. General Revenues SUMMARY OF REVENUES Surplus Anticipated 08-100 $ 3,024,764.40 Miscellaneous Revenues Anticipated 13-099 $ 33,700,298.92 Receipts from Delinquent Taxes
ues Anticipated 13-099 $ 33,700,298.92 Receipts from Delinquent Taxes 15-499 $ 1,955,171.72 2. AMOUNT TO BE RAISED BY TAXATION FOR MUNICIPAL PURPOSED (Item 6(a), Sheet 11) 07-190 $ 60,862,253.28 3. AMOUNT TO BE RAISED BY TAXATION FOR SCHOOLS IN TYPE I SCHOOL DISTRICTS ONLY: Item 6, Sheet 42 07-195 $ - Item 6(b), Sheet 11 (N.J.S.A. 40A:4-14) 07-191 $ - TOTAL AMOUNT TO BE RAISED BY TAXATION FOR SCHOOLS IN TYPE I SCHOOL DISTRICTS ONLY $ - 4. To Be Added TO THE CERTIFICATE FOR THE AMOUNT TO BE RAISED BY TAXATION FOR SCHOOLS IN TYPE II SCHOOL DISTRICTS ONLY: Item 6(b), Sheet 11 (N.J.S.A. 40A:4-14) 07-191 5. AMOUNT TO BE RAISED BY TAXATION MINIMUM LIBRARY TAX 07-192 $ 2,212,554.02 Total Revenues 13-299 $ 101,755,042.34 Sheet 41
173-22 July 19, 2022 RESOLUTION WHEREAS, pursuant to the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act in 2021 (the “State Statute”) and the N.J.A.C. 17:30-5.1(g) of the regulations promulgated by the New Jersey Cannabis Regulatory Commission (the “Commission”) applicants for a state license to operate a cannabis business within the State of New Jersey must include in its application “proof of local support for the suitability of a cannabis business’s proposed location indicating that the intended location is appropriately located or otherwise suitable for activities related to the operations of the proposed cannabis business” (“Local Support”); and WHEREAS, on July 13, 2021, the Township Council for the Township of West Orange (the “Township”) adopted Ordinance 2647-21 (the “Cannabis Ordinance”) which establishes both the zoning requirements and the Township’s licensing requirements for Licensed Cannabis Entities which seek to operate within the Township; and WHEREAS, on July 13, 2021, the Township Council also adopted resolution 188-21 authorizing the establishment of a Taskforce and Advisory Committee regarding Cannabis Businesses for the Township (the “Taskforce”) to assist and advise with the implementation of the Township’s regulations governing cannabis related businesses within the Township; and WHEREAS, the Township through the Taskforce has accepted application for resolutions of Local Support from applicants seeking to operate a cannabis related business within the Township; and WHEREAS, the Township Council has adopted four (4) resolutions of Local Support to applicants who now have pending applications for licenses from the Commission (the “Commission Applicants”); and WHEREAS, the Township seeks to suspend the consideration of new applications for
resolutions of Local Support until such time as the determination of the pending applications before the Commission for the Commission Applicants have been completed. NOW THEREFORE, BE IT RESOLVED BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF WEST ORANGE, that the Township will suspend the acceptance of new applications for resolutions of Local Support pending the outcome of the applications of the Commission Applicants; and be it further RESOLVED, that notice shall be posted on the Township website advising that the Township has temporarily suspended the consideration of application for resolutions of Local Support; and be it further RESOLVED, that a copy of this Resolution shall be made available in the Clerk’s office in accordance with applicable law. Karen J. Carnevale, R.M.C. Susan McCartney Township Clerk Council President Adopted: July 19, 2022
174-22 July 19, 2022 RESOLUTION WHEREAS, following the adoption of the Jake Honig Compassionate Use Medical Cannabis Act in 2019 and passage of the 2020 ballot issue amending the New Jersey Constitution to legalize the possession, cultivation, processing and sale of retail marijuana, the State of New Jersey adopted the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act in 2021 (the “State Statute”); and WHEREAS, the State Statute created the New Jersey Cannabis Regulatory Commission (the “Commission”) and established a framework for the application and issuance of a state license for the operation of cannabis related business licensed by the State of Jersey (“Licensed Cannabis Entities”) which includes the requirement that an applicant for a state license provide proof of local support as to the suitability of the proposed location for a proposed cannabis related business; and WHEREAS, On August 19, 2021, pursuant to N.J.S.A. 24:6I-34(d)1a of the State Statute, the Commission established regulations further governing the application and issuance of a state license for Licensed Cannabis Entities (the “Commission Regulations”); and WHEREAS, N.J.A.C. 17:30-5.1(g) of the Commission Regulations requires the applicant for a State License to include in its application “proof of local support for the suitability of a cannabis business’s proposed location indicating that the intended location is appropriately located or otherwise suitable for activities related to the operations of the proposed cannabis business” (“Local Support”); and WHEREAS, on July 13, 2021, the Township Council for the Township of West Orange (the “Township”) adopted Ordinance 2647-21 (the “Cannabis Ordinance”) which establishes both the zoning requirements and the Township’s licensing requirements for Licensed Cannabis Entities which seek to operate within the Township; and
WHEREAS, on July 13, 2021, the Township Council also adopted resolution 188-21 authorizing the establishment of a Taskforce and Advisory Committee regarding Cannabis Businesses for the Township (the “Taskforce”) to assist and advise with the implementation of the Township’s regulations governing cannabis related businesses within the Township; and WHEREAS, on or about March 3, 2022, Feels of Green LLC (the “Applicant’) has submitted a request for Local Support from the Township for a proposed cannabis retail business with the proposed location at 284 Main Street (the “Location”) by way of an application to the Taskforce (the “Application”); and WHEREAS, the Taskforce did not recommend the Applicant for a Resolution of Local Support and instead recommended other applicants; and WHEREAS, the Applicant requires a formal resolution from the Township Council rejecting its Application in order to terminate its lease agreement for the Location which was contingent upon its ability to proceed with the operation of cannabis retail business. NOW THEREFORE, BE IT RESOLVED BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF WEST ORANGE, that consistent with the recommendation of the Taskforce, the Township formally REJECTS the Application for a resolution of Local Support for the proposed location of the Applicant’s proposed cannabis related business; and be it further RESOLVED, that a copy of this Resolution shall be made available in the Clerk’s office in accordance with applicable law and shall be forwarded to the Applicant. Karen J. Carnevale, R.M.C. Susan McCartney Township Clerk Council President Adopted: July 19, 2022
175-22 July 19, 2022 RESOLUTION Whereas, the Township of West Orange desires to apply for and obtain a grant from the New Jersey Department of Community Affairs American Rescue Plan Firefighter Grant for approximately $71,918 to carry out a project to obtain 22 sets of turnout gear for the West Orange Fire Department. Be it therefore RESOLVED, 1) that the Township of West Orange does hereby authorize the application for such a grant; and, 2) recognizes and accepts that the Department may offer a lesser or greater amount and therefore, upon receipt of the grant agreement from the New Jersey Department of Community Affairs, does further authorize the execution of any such grant agreement; and also, upon receipt of the fully executed agreement from the Department, does further authorize the expenditure of funds pursuant to the terms of the agreement between the Township of West Orange and the New Jersey Department of Community Affairs. Be it further RESOLVED, that the persons whose names, titles, and signatures appear below are authorized to sign the application, and that they or their successors in said titles are authorized to sign the agreement, and any other documents necessary in connection therewith: _________________________________ _________________________________ (signature) (signature) ROBERT D. PARISI _________________________________ (type or print name) (type or print name) MAYOR _________________________________ (title) (title) _____________________________________________________________________ CERTIFICATION: I, Karen J. Carnevale, the Municipal Clerk, of the Township of West Orange hereby certify that at a meeting of the Governing Body held on July 19, 2022 the above RESOLUTION was duly adopted. AFFIX GOV’T, CORPORATE OR NOTARY SEAL __________________________________________ (Signature of Municipal Clerk)
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