Conference/Public Meeting Agendas/Documents — Packet

1. Agendas-Conference And Public Meetings Documents: CA6.26.12.PDF, PM6.26.12-AMENDED.PDF 2. Ordinance - Second And Final Reading Documents: 2357-12 ZONING-DRAFT REVISIONS - OCTOBER 2012.PDF 3. Resolutions Documents: 123-12 DUPLICATE PAYMENT RESOLUTION 2ND QTR2012.PDF, 124-12 RAFFLE LICENSES-6-26-12.PDF, 125-12 RESOLUTION-CHALLENGE GRANT BUS SHUTTLE.PDF, 125-12 SUMMARY OF BIDS-ATTACHMENT.PDF, 126-12 LLEWELLYN PARK ROADWAY AND SEWER IMPROVEMENTS 2012.PDF, 127-12 RESOLUTION-NJ TRANSIT LEASE-MISSISSIPPI AVE. PARKING LOT.PDF, 128-12 EXECUTIVE SESSION 6.26.12 (2).PDF, 129-12 TAX COURT RESOLUTION (3).PDF, 132-12 ESTIMATED BILLING RESOLUTION.PDF, 133.12 RESOLUTION-COAH-JEWISH FEDERATION PLAZA.PDF, 134-12 LLEWELLYN PARK REIMBURSEMENT-LEAF COLLECTION 2012.PDF, 135-12 RESOLUTION-CONSTRUCTION PHASE SERVICES-JENNE ASSOC..PDF 3.I. Resolution 130-12 Documents: 130-12 MCMANIMON SCOTLAND NORTHGRAVE HIGHLANDS LITIGATION.PDF 3.II. Resolution 131-12 Documents: 131-12 FOX ROTHSCHILD LABOR LITIGATION.PDF 3.III. Resolution 136-12-Add On Documents: 136-12 SCARINCI HOLLENBECK LABOR LITIGATION.PDF 3.IV. 128-12 Revised Executive Session Resolution Documents: 128-12 EXECUTIVE SESSION 6.26.12 (2).PDF

MEMO TO: Members of the Township Council, Mayor Parisi Mr. Sayers, Mr. Gross, Mr. Trenk, and Mr. Kayser FROM: OFFICE OF THE MUNICIPAL CLERK _____________________________________________________________________ COUNCIL COMMITTEE CONFERENCE MEETING Council Chambers-66 Main Street, West Orange, NJ June 26, 2012 6:30 P.M.  Business of the Month Prospect Ridge Veterinary Hospital  Discussion(s): 1. Nomination of Council President 2. Council Liaison for the 2012-2013 Term Planning Board Local Assistance Board ERSCHA (Degnan House) WOSCHA (John P. Renna House) Insurance Fund Commission (2) Joint Meeting Downtown West Orange Alliance West Orange Municipal Alliance Committee West Orange Arts Council Open Space & Recreation Committee 7:00 P.M.  Public Meeting 8:00 P.M.  ABC Hearings and Resolutions a. 482-12 Hearing and Resolution on Renewal for 2012-2013 License Term-DJF – 4SIXTY6 (Special Conditions) b. 483-12 Hearing and Resolution on Renewal for 2012-2013 License Term- SUZYQUE’S LLC, t/a Suzy Que’s (Special Conditions) c. 484-12 ABC Hearing - Hearing and Resolution on Applications for Renewal of Plenary Retail Consumption, Distribution and Club Licenses for the 2012-2013 License Term d. 485-12 Resolution Referring ABC Conflict License to the ABC Director for Renewal for 2012-2013 License Term - Starlite Pizzeria e. 486-12 Resolution Authorizing a Person to Person Transfer from AMC Entertainment International, Inc. to AMC Theatres of New Jersey, Inc.

AGENDA June 26, 2012 Council Chambers-66 Main Street West Orange, NJ 7:00 p.m. 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 December 7, 2011. A notice of this meeting was also posted on the Bulletin Board in the Municipal Building, West Orange and filed in the office of the Municipal Clerk of the Township of West Orange on December 7, 2011. Statement of Decorum In all matters not provided for in subsection 3-15.1 and except upon consent of the Council President, each person addressing the Council pursuant to this subsection shall be required to limit his or her remarks to five (5) minutes, and shall at no time engage in any personally offensive or abusive remarks. The chair shall call any speaker to order who violates any provision of this rule. (1972 Code § 3-15.2) Roll Call – Councilman Anderton Councilman Cirilo, Councilman Krakoviak, Councilwoman McCartney, Council President Spango, (Mayor Parisi) 2. The Pledge of Allegiance 3. General Matters Pending 4. Public Comment *5. Minutes-May 15, 2012 and May 29, 2012 Public Meeting *6. Communication – Correspondence from Deputy Planning Director Susan Borg to the Township Council with Regard to Planning Board Resolution #12-01 – Introduction of Amendments to the Land Development Ordinance *7. Reports-None *8. Bills 9. Ordinances on Second and Final Reading a. 2357-12 An Ordinance to Amend and Supplement Chapter XXV “Land Use Regulations”, Chapter XXXI, “Trees” and Chapter XXXII, “Land Subdivision”, of the Revised General Ordinances of the Township of West Orange in Order to Implement Land Use Recommendations as Set Forth in the Re-Examination of the Township’s Master Plan *10. Ordinances on First Reading-None *11. Resolutions a. 123-12 Resolution Authorizing Duplicate Payment for the

as Set Forth in the Re-Examination of the Township’s Master Plan *10. Ordinances on First Reading-None *11. Resolutions a. 123-12 Resolution Authorizing Duplicate Payment for the Second Quarter 2012 Taxes b. 124-12 Resolution Authorizing Raffle Licenses c. 125-12 Resolution Authorizing a Contract for Licensed Motor Vehicle Drivers for Midtown Direct Shuttle Bus Program to Mobility Coach, 413 Melrose Way, Monroe Township, NJ 08831 at a Monthly Rate of $10,950.00 for a 24 Month Period Beginning July 1, 2012 and Ending June 30, 2014 d. 126-12 Resolution Authorizing a Contract for 2012 Llewellyn Park Roadway and Sewer Improvements to Sanitary Construction Company, 415 Franklin Avenue, Rockaway, NJ 07866 in the Amount of $3,483,873.00 e. 127-12 Resolution Authorizing the Renewal of a License Agreement With NJ Transit for a Period of Five Years Commencing on August 1, 2012 For Use of a Portion of Block 142, Lot 32-Mississippi Avenue at an Initial Annual Rate of $2,121.75 and to Increase at 2.5 Percent Each Year f. 128-12 Resolution Authorizing an Executive Session – Litigation Matters

g. 129-12 Resolution Authorizing the Collector of Taxes to Rebate Payment to the Listed Taxpayer Pursuant to Final Judgment by the Tax Court of New Jersey h. 130-12 Resolution Removing Cap for Legal Fees for McManimon and Scotland as Special Counsel i. 131-12 Resolution Removing Cap for Legal Fees for Fox Rothschild as Labor Counsel j. 132-12 Resolution Authorizing the Township of West Orange Tax Collector to Prepare and Mail Estimated Tax Bills In Accordance with P.L. 1994, c.72 k. 133-12 Resolution Authorizing Funding for Emergency Repairs-Jewish Federation Plaza, 750 Northfield Avenue, West Orange, NJ 07052 Utilizing Funds in the Township’s Affordable Housing Trust Account for a Sum NTE $199,600. l. 134-12 Resolution Authorizing Reimbursement for Municipal Services to Llewellyn Park-Removal of Obstructions and Leaf Collection m. 135-12 Resolution Authorizing a Professional Services Contract with Jenne Associates, LLC, 1362 Crim Rd., Bridgewater, NJ 08807 to Provide Construction Phase Services for the Project 2012 Llewellyn Park Roadway & Sewer Improvements for a Fee NTE $270,000. n. 136-12 Resolution Removing Cap for Legal Fees for Scarinci Hollenbeck, Lyndhurst, NJ as Labor Counsel 12. ABC Hearing a. 482-12 Hearing and Resolution on Renewal for 2012-2013 License Term-DJF – 4SIXTY6 (Special Conditions) b. 483-12 Hearing and Resolution on Renewal for 2012-2013 License Term- SUZYQUE’S LLC, t/a Suzy Que’s (Special Conditions) c. 484-12 ABC Hearing - Hearing and Resolution on Applications for Renewal of Plenary Retail Consumption, Distribution and Club Licenses for the 2012-2013 License Term d. 485-12 Resolution Referring ABC Conflict License to the ABC Director for Renewal- Starlite Pizzeria e. 486-12 Resolution Authorizing a Person to Person Transfer from AMC Entertainment International, Inc. to AMC Theatres of New Jersey, Inc. 13. Adjournment

130 -12 June 26, 2012 RESOLUTION WHEREAS, in Resolution #212-10, adopted by the Township Council of the Township of West Orange on August 17, 2010, the Council found it necessary and appropriate to authorize the Mayor to enter into a contract for legal services with William W. Northgrave, Esq., of the law firm of McManimon & Scotland, as special counsel with regard to the 2010 Master Plan Re-examination Report and anticipated litigation related to that Report; and WHEREAS, Mr. Northgrave and his law firm, having substantial experience in such matters, agreed to undertake such representation at an hourly rate of $175 up to a maximum of $7,500 in fees and expenses, subject to extension pursuant to the Township’s Billing Guidelines for legal services; and WHEREAS, Mr. Northgrave did in fact undertake such representation and has provided legal services to the Township of West Orange with respect to the 2010 Master Plan Re-examination and a lawsuit arising therefrom captioned “West Essex Highlands, Inc., v. Township of West Orange and West Orange Township Council”, pending in the Superior Court of New Jersey, Law Division, Essex County, bearing Docket No. ESX- L-6292-10, and; WHEREAS, the legal fees and expenses incurred in defense of this matter have already well-exceeded the maximum initially set forth, discovery is still in progress with dispositive or partially dispositive motions and trial of any unresolved issues to follow, and a substantial increase in the maximum for legal fees and costs being required to provide the adequate and effective assistance of counsel for defense of this litigation on behalf of the Township; and WHEREAS, the uncertainty and unpredictability of litigation generally makes accurate budgeting of litigation expenses difficult at best, often impossible and misleading, and public disclosure of a litigation budget, or cap, offers no advantage to the Township and may send a message to the Township’s adversaries which is disadvantageous; and WHEREAS, the Township Council’s functions under the Faulkner Act include making overall budget appropriations for each year for litigation expenses, including legal fees, costs and settlements,

WHEREAS, the Township Council’s functions under the Faulkner Act include making overall budget appropriations for each year for litigation expenses, including legal fees, costs and settlements, but not for individual litigated matters; and WHEREAS, the number and nature of lawsuits filed by and against the Township in any year can vary greatly, as can the strategies to be employed in their prosecution and defense and the expenditures needed to adequately, competently and effectively provide legal services for prosecuting or defending them; and WHEREAS, the prosecution and defense of litigated cases is an administrative-executive function under the authority of the Mayor in a Mayor-Council form of government under the Faulkner Act, the Mayor, with the assistance of the Township Attorney and Chief Financial Officer, having the ultimate responsibility for managing the litigation and costs thereof for individual cases within the total appropriation for litigation presented by the Mayor at the beginning of the budget process, considered by the Council during the budget process and finally determined by the Council and incorporated in the final adopted budget for the year; and WHEREAS, for any matter of litigation, strategic decisions, any and all of which necessarily affect the overall cost of litigation, are necessarily made by the attorney handling the case under the supervision of the Township Attorney and taking into account any broad policies established by the Mayor; and WHEREAS, invoices for legal fees and costs submitted by the attorney or law firm handling any particular litigation are initially submitted to the Township Attorney, or in some instances the Assistant Township Attorney when delegated by the Township Attorney, for review and approval for payment, and

further subject to certification of availability of funds by the Chief Financial Officer, and review by the Township Council on a Bill List, before any payment is made; and WHEREAS, the Township Council, through its investigatory power, related to and concomitant with its budgetary power under the Faulkner Act, can and does from time to time in executive session confer with the Township Attorney and individual attorneys handling the Township’s various litigated matters, to keep apprised of the status of the litigation, the strategies being employed, the anticipated expenses, settlement considerations, and has the right and ability to convey its opinions and desires about how the litigation should be prosecuted or defended and ultimately resolved; and WHEREAS, for all of the reasons set forth in the preceding recitals, the use of a cap system for litigation attorneys is impractical, unwise, and contrary to the separation of functions mandated by the Faulkner Act for the Mayor-Council form of government existing in the Township of West Orange; and WHEREAS, the Chief Financial Officer of the Township has certified as to the availability of funds for payment of counsel under this professional services contract; NOW, THEREFORE, BE IT, AND IT IS HEREBY, RESOLVED BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF WEST ORANGE, that the maximum provided for payment of William W. Northgrave, Esq., of the law firm of McManimon & Scotland, for legal fees and costs to provide for the adequate and effective assistance of counsel for defense of the matter entitled, “West Essex Highlands, Inc., v. Township of West Orange and West Orange Township Council”, bearing Docket No. ESX-L-6292-10, initially set at $7,500.00, shall no longer be subject to an arbitrary cap, but shall be monitored and managed by the Administration, including principally the Township Attorney supervising the services provided by Mr. Northgrave and his law firm, subject to the policies established by the Mayor, the overall litigation budget established by the Township Council, the certification of available funds by the Township’s Chief Financial Officer, the Township Council’s review of individual invoices appearing on its Bill List, and the Township’s Billing Guidelines for Legal Services, and as same may be amended. KAREN CARNEVALE, MUNICIPAL CLERK

view of individual invoices appearing on its Bill List, and the Township’s Billing Guidelines for Legal Services, and as same may be amended. KAREN CARNEVALE, MUNICIPAL CLERK PATRICIA SPANGO, COUNCIL PRESIDENT Adopted: June 26, 2012 I hereby certify funds are available from: _ ACCOUNT NO.: JOHN GROSS, CHIEF FINANCIAL OFFICER

131-12 June 26, 2012 RESOLUTION WHEREAS, the Township of West Orange retained the law firm of Fox Rothschild, LLP, to serve as it s special labor counsel at a rate of $150 per hour with a maximum fee of $10,000 consistent with the Township’s Billing Guidelines for legal services; and WHEREAS, Fox Rothschild did undertake such representation and has provided legal services to the Township of West Orange as to various employment and labor issues, including litigated matters, the legal fees and expenses for which have well exceeded the initially established maximum amount; and; WHEREAS, several litigated matters are continuing and require continued legal services to properly defend them; and WHEREAS, the uncertainty and unpredictability of litigation generally makes accurate budgeting of litigation expenses difficult at best, often impossible and misleading, and public disclosure of a litigation budget, or cap, offers no advantage to the Township and may send a message to the Township’s adversaries which is disadvantageous; and WHEREAS, the Township Council’s functions under the Faulkner Act include making overall budget appropriations for each year for litigation expenses, including legal fees, costs and settlements, but not for individual litigated matters; and WHEREAS, the number and nature of lawsuits filed by and against the Township in any year can vary greatly, as can the strategies to be employed in their prosecution and defense and the expenditures needed to adequately, competently and effectively provide such legal services; and WHEREAS, the prosecution and defense of litigated cases is an administrative-executive function under the authority of the Mayor in a Mayor-Council form of government under the Faulkner Act, the Mayor, with the assistance of the Township Attorney and Chief Financial Officer, having the ultimate responsibility for managing the litigation and costs thereof for individual cases within the total appropriation for litigation presented by the Mayor at the beginning of the budget process, considered by the Council during the budget process and finally determined by the Council and incorporated in the final adopted budget for the year; and WHEREAS,