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Minutes · Aug 20, 2013

August 20, 2013

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1 Public Meeting – August 20, 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 Cirilo, Councilman Guarino, Councilman Krakoviak, Councilwoman Spango and Council President McCartney Absent: None The Township Council identified and presented for unanimous consent, Item 4 (Minutes), Item 5 (Reading of Petitions and Communications and Bids), Item 6 (Report of Township Officers), Item 7 (Bills) and Item 8 (Certain Resolutions). On motion made by Councilman Cirilo 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. Rosary Morelli, 22 Ralph Road, West Orange Harvey Grossman, 1 Reid Street, West Orange, Public Advocate for the Township of West Orange Clare Silvestri, 20 Grand View Avenue, West Orange Mark Meyerowitz, 19 Howell Drive, West Orange Jim Troisi, West Orange First Aid Squad Anthony Puglisi, Public Information Officer for Essex County

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2 Kathy Richardson, 275 Northfield Avenue, West Orange Steve Serebrnik, Riggs Place, West Orange There was no one else who wished to be heard and the public hearing was closed. Minutes The June 25, 2013 public minutes were approved as submitted. Reading of Petitions and Communications and Bids A letter from Mayor Parisi with regard to the Appointment of Lisa Fahoury to the West Orange Public Library Board effective immediately and continuing through December 31, 2015 Report of Township Officers Municipal Judge’s Report for the Months of June and July, 2013 Bills The Bills List was received and ordered paid. A summary of the Bill List is attached. Resolutions The following resolutions were adopted: Resolution #153-13 Resolution Authorizing Raffle Licenses Resolution #157-13 Resolution Authorizing Change Order No. 1 and Final in the amount of $827.70 for the Project 2012 Street Improvements, Phase 1, Various Streets with A&J Contractor’s Group, Monroe Township, New Jersey Bringing the Final Contract Amount to $421,317.30 or a 0.20 Percent Decrease in the Award Amount Resolution #158-13 Resolution to Agree to Join Other Local Units of Government to File an Application to Establish a Joint Health Insurance Fund

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3 Resolution #159-13 Resolution Authorizing an Agreement to Retain Blau & Blau for an Additional Four Month Term for the Provision of Commercial Real Estate Tax Appeal Services on a Flat Fee Basis of $5,000 Per Month for the Remainder of the 2013 Calendar Year, Totaling $20,000 Resolution #160-13 Resolution Authorizing Award of Bid Through Competitive Contracting to Revenue Guard, 50 Route 9 North, Morganville, NJ for the Third Party Billing for Emergency Transport Resolution 161-13-Removed Resolution #162-13 Resolution Authorizing Abandoned Car Auctions at Twin Towing, 1 Lakeside Avenue, West Orange on September 4, 2013 at 2:00 p.m. and Select Towing, 52 Washington Street, West Orange on September 4, 2013 at 3:00 p.m. Resolution #165-13 Resolution Authorizing Change Order No. 1 for the Contract Llewellyn Park Roadway and Sanitary Sewer Improvements Between Construction Company, 415 Franklin Avenue, Rockaway, NJ and the Township of West Orange Authorizing Additional Funding in the Amount of $348,387.00 for Additional Roadway and Sanitary Improvements in Llewellyn Park Resolution #166-13 Resolution Authorizing Change Order No. 2 with Reivax Contracting Corporation, 40 Washington Street, Harrison, NJ for the Improvement of Belle Terre Road and Roosevelt Avenue in the Amount of $30,224.64 for Additional Street Improvements Resolution #167-13 -Removed Resolution #168-13 Resolution Authorizing a Refund of Duplicate Payment of Third Quarter Taxes to Listed Taxpayer(s) Resolution #169-13 Resolution Authorizing the Collector of Taxes to Rebate Payment to the Listed Taxpayer Pursuant to Final Judgment by the Tax Court of New Jersey

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4 Resolution #170-13 Resolution Authorizing an Executive Session to Discuss a Matter of Litigation – The Orange Reservoir Tax Case Ordinances on Second and Final Reading Ordinance #2379-13 On motion made by Councilman Guarino and seconded by Councilman Cirilo, BOND ORDINANCE AMENDING BOND ORDINANCE 2366-12 AND BOND ORDINANCE 2377-13 FINALLY ADOPTED BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF WEST ORANGE, NEW JERSEY ON DECEMBER 18, 2012 AS AMENDED ON JUNE 11, 2013, 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 Councilman Guarino and seconded by Councilman Cirilo, the above mentioned ordinance was passed on second and final reading and ordered advertised according to law. All members voting “Aye”. Ordinance #2380-13 On motion made by Councilman Guarino and seconded by Councilwoman McCartney, AN ORDINANCE OF THE TOWNSHIP OF WEST ORANGE, IN THE COUNTY OF ESSEX, STATE OF NEW JERSEY ADOPTING AN AMENDMENT TO THE HARVARD PRESS REDEVELOPMENT PLAN, 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.

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5 On motion made by Councilwoman Spango and seconded by Councilman Cirilo, the above mentioned ordinance was passed on second and final reading and ordered advertised according to law. All members voting “Aye”. Ordinance #2381-13 On motion made by Councilman Cirilo and seconded by Councilman Guarino, AN ORDINANCE OF THE TOWNSHIP OF WEST ORANGE, IN THE COUNTY OF ESSEX, STATE OF NEW JERSEY, AUTHORIZING THE ESTABLISHMENT OF A GOVERNMENT ENERGY AGGREGATION PROGRAM, was taken up on second and final reading. All members voting “Aye”. The Council President stated that this was 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 Councilman Cirilo and seconded by Councilman Guarino, 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 #2382-13 AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER III, SECTION 3-5, OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF WEST ORANGE ENTITLED “RULES OF COUNCIL”., “AGENDA”, AND SECTION 3-8, “ORDER OF BUSINESS”, was introduced and passed on first reading. On motion made by Councilman Cirilo and seconded by Councilman Guarino, the above mentioned ordinance was passed on first reading, ordered advertised according to law, to come up for second and final reading on September 17, 2013. Councilman Cirilo, Councilman Guarino, Councilwoman Spango and Council President McCartney voting “Aye”. Councilman Krakoviak voting “Nay”. Ordinance #2383-13 AN ORDINANCE AMENDING CHAPTER 2, SECTION 66.1a OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF WEST ORANGE ENTITLED “FEES FOR SERVICES”, was introduced and passed on first reading.

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6 The Clerk read the ordinance by title only. On motion made by Councilwoman Spango and seconded by Councilman Cirilo, the above mentioned ordinance was passed on first reading, ordered advertised according to law, to come up for second and final reading on September 17, 2013. All members voting “Aye” Ordinance #2384-13 AN ORDINANCE AMENDING CHAPTER 5 OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF WEST ORANGE AND CREATING SUBCHAPTER 33, ENTITLED “LICENSING FOR SHOP LOCAL REWARDS PROGRAM”, was introduced and passed on first reading. The Clerk read the ordinance by title only. On motion made by Councilman Cirilo 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 September 17, 2013. All members voting “Aye”. Resolution #154-13 Resolution Supporting the Delaying of Draining Three Reservoirs on Garrett Mountain and Replacing the with Large Concrete Tanks, Until Updated Rules are Released by the Environmental Protection Agency Following discussion and on motion made by Council President McCartney and seconded by Councilman Cirilo, the above mentioned resolution was adopted. Councilman Cirilo, Councilman Guarino, Councilwoman Spango and Council President McCartney voting “Aye”. Councilman Krakoviak abstained on the above resolution. Resolution #155-13 Resolution Approving the Settlement of Reliable Wood Products, LLC, One Caven Point Avenue, Jersey City, NJ Non Compliance Upon Payment of $5,000. Plus any Additional Fees and Expenses Due to the Environmental Compliance Officer Following discussion and on motion made by Councilwoman Spango and seconded by Councilwoman McCartney, the above mentioned resolution was adopted. All members voting “Aye”.

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7 Resolution #156-13 Resolution Awarding the Refuse and Recycling Collection Contract to Suburban Disposal, Inc. for Options #1, Items 1, 2 and 4 and Option #4 and Option #5 in the Bid Specifications Effective September 9, 2013 for a Period of Five (5) Years Following discussion and on motion made by Council President McCartney and seconded by Councilman Guarino, the above mentioned resolution was adopted. All members voting “Aye”. Resolution #163-13 Resolution to Amend Introduced Budget (#1) Following discussion and on motion made by Councilwoman Spango and seconded by Councilman Guarino, the above mentioned resolution was adopted. All members voting “Aye”. Resolution #164-13 Resolution of Need of the Township of West Orange Regarding Residential Development of Block 9, Lots 1,7, 44, 50 and 56 Commonly Known as Harvard Press Site at 9,15 Mitchell Street and 22-26 Central Avenue, West Orange Following discussion and on motion made by Councilman Cirilo and seconded by Councilwoman Spango, the above mentioned resolution was adopted. All members voting “Aye”. On motion made by Councilman Guarino and seconded by Councilman Cirilo, the Council adjourned and reconvened as the Alcoholic Beverage Control Board. All members voting “Aye”. ABC HEARING 500-13 Hearing on Renewal for 2013-2014 License Term – Angelito’s LLC (Special Conditions) On motion made by Councilman Cirilo and seconded by Councilman Guarino, the above mentioned resolution, as amended, was adopted.

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8 All members voting “Aye”. 508-13 Renewal of Plenary Retail Distribution, Consumption and Club License for the 2013-2014 License On motion made by Councilman Cirilo and sec onded by Councilwoman Spango, the above mentioned resolution was adopted. All members voting “Aye”. 509-13 Person to Person, Place to Place Transfer of License #0722-33-013-001 (Inactive) West Orange Elks to Oak Barrel Pub. On motion made by Councilman Cirilo and seconded by Councilwoman McCartney, the above mentioned resolution was adopted. All members voting “Aye”. On motion made by Councilman Krakoviak and seconded by Councilman Guarino, the Council adjourned as the Alcoholic Beverage Control Board and reconvened as the Township Council. On motion made by Councilman Cirilo and seconded by Councilman Guarino, the meeting was adjourned at 11:00 P.M. All members voting “Aye”. SUSAN McCARTNEY, COUNCIL PRESIDENT KAREN J. CARNEVALE, MUNICIPAL CLERK Adopted: September 17, 2013

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