Conference/Public Meeting Agendas/Documents — Packet

172-12 September 11, 2012 RESOLUTION WHEREAS, the Township of West Orange and its Township Council are defendants in a civil lawsuit brought by a developer, West Essex Highlands, Inc., pending in the Superior Court of New Jersey, bearing Docket No. ESX-L-009411-10, challenging the Township’s steep slope ordinance and rezoning of the developer’s approximately 120 acre parcel of land in the northwestern corner of the Township; and WHEREAS, the plaintiff-developer has been seeking to develop that parcel for many years and has been involved in litigation with the Township for more than a decade regarding various land use issues in connection with its proposed development; and WHEREAS, the plaintiff-developer has retained a professional planner who has prepared a 71 page expert report in support of its claims; and WHEREAS, counsel representing the Township and Township Council has recommended the retention of an expert professional planner to analyze the planning aspects of the litigation and to prepare an expert report on behalf of the defendants, and to provide expert testimony if necessary; and WHEREAS, the Township Council and Mayor are in agreement that retention of an expert professional planner is necessary for a proper and competent defense of this litigation; and WHEREAS, Paul Grygiel, AICP, PP, from the firm of Phillips, Preiss, Grygiel, LLC, in Hoboken, NJ, a New Jersey licensed professional planner who has in the past and presently performs various professional planning services for the Township of West Orange, and has expressed a willingness to perform the necessary and proper expert services for this litigation and estimates the cost of same can be managed so as not to exceed the sum of $10,000.00; NOW, THEREFORE, BE IT, AND HEREBY IT IS, RESOLVED BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF WEST ORANGE, that the Mayor is authorized to execute, and the Municipal Clerk to attest to his signature, a Contract for the provision of expert professional planning services, including, but not limited to, review of the plaintiff’s expert’s report(s), analysis of the Township’s steep slope ordinance and zoning of the West Essex Highlands property which is the

ing services, including, but not limited to, review of the plaintiff’s expert’s report(s), analysis of the Township’s steep slope ordinance and zoning of the West Essex Highlands property which is the subject of the litigation in Docket No. ESX-L-009411-10, preparation of an expert report(s) on behalf of the defendants Township and Township Council, and, if necessary, expert testimony at trial of that litigation, all not to exceed the sum of $10,000.00, without further authorization. Victor Cirilo, Council President Karen J. Carnevale, Municipal Clerk Adopted: September 11, 2012 I hereby certify funds available: 01-2010-00-1402-060- $10,000.00 John O. Gross, Chief Financial Officer