May 7, 2013

1 Public Meeting – May 7, 2013 The Township Council of the Township of West Orange met in the Council Chambers, 66 Main Street, West Orange, New Jersey at 7:00 P.M. Karen J. Carnevale, Municipal Clerk, read the following statement: This is to inform the general public that this meeting is being held in compliance with Section 5 of the Open Public Meetings Act, Chapter 231, Public Law, 1975. A notice of this meeting was mailed to the Star Ledger and the West Orange Chronicle on November 29, 2012. Roll Call: Present: Councilman Guarino, Councilman Krakoviak, Councilwoman McCartney, Councilwoman Spango and Council President Cirilo Absent: None The Township Council identified and presented for unanimous consent, Item 5 (Minutes), Item 8 (Bills) and Item 9 (Certain Resolutions). On motion made by Councilwoman Spango and seconded by Councilman Guarino, the Consent Agenda was implemented. All members voting “Aye”. Public Comment The Council President asked if there was anyone who wished to make a statement at this time. Cynthia Hadley Bailey, 3 Hickory Road, West Orange Rosary Morelli, 22 Ralph Road, West Orange Clare Silvestri, 20 Grandview Avenue, West Orange Mark Meyerowitz, 19 Howell Drive, West Orange Anthony Pugliesi, Public Information Officer, Essex County There was no one else who wished to be heard and the public hearing was closed. Minutes The public minutes of April 23, 2013 were approved as submitted.

2 Bills The Bill List was received and ordered paid. A Summary of the Bill List is attached. Resolutions Resolution #87-13 Resolution in Support of a Property Tax Rewards Program to be implemented as part of the West Orange Shop Local Campaign Resolution #88-13 Resolution Authorizing Subordination of Mortgage – 27 Kingsley Street Resolution #89-13 Resolution Authorizing Issuance of Raffle Licenses Resolution #90-13 Resolution Authorizing License Agreement with Montclair YMCA for Limited Use of Pool Facilities at Ginny Duenkel Pool for Swim Practices, Summer of 2013 Resolution #91-13 Resolution Authorizing Abandoned Car Sale on May 21, 2013 at Twin Towing, Inc., Select Towing, and Panek’s Service Center Resolution #92-13 Resolution Authorizing the Refund of the Balance of Escrow Fees Posted for Applicant DeKab, LLC in the Amount of $585.00 Resolution #95-13 Resolution Authorizing an Executive Session to Discuss a Matter of Litigation – FCC/Frequency Issue Resolution #96-13 Resolution Supporting Assembly Bill A-2753 and Senate Bill S-1923 Requiring Direct Payment of Energy Taxes to Municipal Government

3 Resolution #97-13 Resolution Awarding a Professional Services Contract to Suburban Consulting Engineers, Inc. in the Amount of $15,250 for Professional Land Surveying and Engineering Services for the Design of Roadway Improvements for Yale Terrace, Harvard Terrace and Oxford Terrace Resolution #99-13 Resolution Authorizing an Additional Appropriation of $3,000 to Barreto/Dowd for Reimbursable Expenses Associated with Completing their Professional Services Contract for Ridgeway Park Ordinance on Second and Final Reading Ordinance #2374-13 On motion made by Councilwoman McCartney and seconded by Councilwoman Spango, AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 7, TRAFFIC, SUBSECTION 7-23.3, U-TURN PROHIBITIONS OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF WEST ORANGE, was taken up on second and final reading. All members voting “Aye”. The Council President stated that this is the scheduled time for the public hearing and asked the Clerk to read the ordinance by title only. The Council President asked if there was anyone who wished to be heard. There was no one who wished to be heard and the public hearing was closed. On motion made by Councilwoman Spango and seconded by Councilwoman McCartney, the above mentioned ordinance was passed on second and final reading and ordered advertised according to law. All members voting “Aye”. Ordinances on First Reading Ordinance #2375-13 BOND ORDINANCE AUTHORIZING THE DEVELOPMENT OF A PARK AT RIDGEWAY AVENUE IN AND FOR THE TOWNSHIP OF WEST ORANGE, IN THE COUNTY OF ESSEX, NEW JERSEY, APPROPRIATING $500,000 THEREFORE AND AUTHORIZING THE ISSUANCE OF $475,000 BONDS OR NOTES TO FINANCE PART OF THE COST THEREOF, was introduced and passed on first reading. The Clerk read the ordinance by title only.

4 On motion made by Councilman Guarino and seconded by Councilwoman McCartney, the above mentioned ordinance was passed on first reading, ordered advertised according to law, to come up for second and final reading on May 21, 2013. All members voting “Aye”. Ordinance #2376-13 AN ORDINANCE AUTHORIZING SPECIAL EMERGENCY APPROPRIATION PURSUANT TO N.J.S.A. 40A:4-53 for SEVERANCE LIABILITIES RESULTING FROM ACCRUED LEAVE IN CONNECTION WITH THE LAYOFF OR RETIREMENT OF EMPLOYEE was introduced and passed on first reading. The Clerk read the ordinance by title only. On motion made by Councilwoman McCartney and seconded by Councilwoman Spango, the above mentioned ordinance was passed on first reading, ordered advertised according to law, to come up for second and final reading on May 21, 2013. All members voting “Aye”. Resolution #85-13 Resolution Authorizing an Additional Appropriation of $94,000 for Professional Construction Phase Services Associated with the Mayfair District Storm Sewer Improvements, Contract No. 3B, provided by PS&S, 67B Mountain Boulevard Extension, PO Box 4039, Warren, NJ 07059, in accordance with amended proposal dated April 12, 2013 (tabled at April 23, 2013 meeting) Following discussion and on motion made by Councilwoman McCartney and seconded by Councilwoman Spango, the above mentioned resolution was adopted. All members voting “Aye”. Resolution #93-13 Resolution Authorizing the Retention of Alan S. Tilles, Esq. of Shulman, Rogers, Gandal, Pordy & Ecker P.A. as the Township’s Special Counsel at a Rate of $450 per hour, NTE $5,000 in Order to Retain Ownership of the Township’s Emergency Radio Frequencies Following discussion and on motion made by Councilman Krakoviak and seconded by Councilwoman McCartney, the above mentioned resolution was adopted. All members voting “Aye”.

5 Resolution #94-13 Resolution of Intent Delcaring That Any Future Revenue Derived from Any Undeveloped Portion of Block 158, Lot 39 and Known as 55-57 Ridgeway Avenue Be Used to Reimburse the Open Space Trust Fund for the Development of a Park on the Remainder of the Parcel Following discussion and on motion made by Councilman Krakoviak and seconded by Councilwoman McCartney, the above mentioned resolution, as amended, was adopted. Councilman Guarino, Councilwoman McCartney, Councilwoman Spango and Council President Cirilo voting “Aye”. Councilman Krakoviak voting “Nay”. Resolution #98-13 Resolution Authorizing Change Order No. 1 with Reivax Contracting Corporation, 46 Washington Street, Harrison, NJ 07029 in the Amount of $96,571.12 for Additional Street Improvements along Garfield Avenue to be performed in Conjunction with the Contract Improvement of Belle Terre Road and Roosevelt Avenue Deputy Director Leonard Lepore gave a brief overview and responded to questions from Council. Following discussion and on motion made by Councilman Krakoviak and seconded by Councilman Guarino, the above mentioned resolution was adopted. All members voting “Aye”. On motion made by Councilman Krakoviak and seconded by Councilman Guarino, the meeting was adjourned at 10:10 p.m. All members voting “Aye”. KAREN J. CARNEVALE, MUNICIPAL CLERK VICTOR CIRILO, COUNCIL PRESIDENT