Conference/Public Meeting Agenda/Documents — Packet

1. Conference Meeting Agenda-Revised Documents: CA10.2.12.PDF 2. Public Meeting 10/2/2012 Documents: PM10.2.12.PDF 3. Resolutions Documents: 177-12 APPROVING NJAI LICENSE AGREEMENT WITH OSPAC.PDF, 177- 12 LICENSE AGREEMENT - NJAI.PDF, 177-12 SUBLICENSE AGREEMENT - NJAI.PDF, 177-12 OSPAC RULES - NJAI.PDF, 178-12 PAUL GRYGIEL AMENDED 10.2.12.PDF, 179-12 EXECUTIVE SESSION 10.2.12.PDF 3.I. Resolutions-Cont'd Documents: 190.12 ATTACHMENT B - 2008 RESOLUTION.PDF, 180-12 TAX COURT RESOLUTIONBRACH EICHLER 10.2.12.PDF, 181-12 RAFFLE LICENSES- 10.2.12.PDF, 182-12 CHANGE ORDER NO. 1 + FINAL-GRANADA CONSTRUCTION CORP. 10.2.12.PDF, 184-12 RESOLUTION AUTHORIZING ABANDONDED CAR SALE 10.2.12.PDF, 185-12 RESOLUTION FOR CHANGE ORDER NO 2 - SHAUGER 10.2.12.PDF, 187-12 ATTACHMENT (12-02) PB RESOLUTION.PDF, 187-12 SUPPORTING LEGISLATION OF PLANNING BOARD 10.2.12.PDF, 188-12 TAX COURT RESOLUTION SCHNECK 10.2.12.PDF, 189-12 AGREEMENT WITH AFSCME.PDF, 190-12 ATTACHMENT C - CONTRACT.PDF, 190-12 EXTENDING CONTRACT WITH RELIABLE WOOD FOR RECYCLING CENTER - ATTACHMENT A.PDF, 190-12 RESOLUTION EXTENDING RELIABLE WOOD (2012 TO 2013) 10.2.12.PDF 3.I.i. 183-12 Documents: 183-12 SUBORDINATION OF MORTGAGE-29 JOYCE STREET.PDF 3.I.i.1. 186-12 Revised Documents: 186-12 TAX REFUND 10.2.12.PDF 3.I.i.2. 187-12 Attachment Documents: SENATE BILL S1534 + ASSEMBLY BILL A2586.PDF 4. Ordinance(S) On Second And Final Reading Documents: 2361.12 SAMPLE NOTICE OF VIOLATION.PDF, 2361-12 AUTH ENTRY ON TO PROPERTY TO ABATE GRASS SNOW ICE-FINAL.PDF, 2361-12 CHECKLIST RE ABATEMENT OF SNOW ICE OR GRASS VIOLATION - DRAFT.PDF, 2361-12 SUPPORTING MATERIAL SECTION CODE 14-8 1 AND 14-8 2.PDF 5. Ordinance(S) On First Reading Documents: 2362-12 SALARY ORDINANCE-BUDGET 10.2.12.PDF

Agenda COUNCIL COMMITTEE CONFERENCE MEETING Council Chambers – 66 Main Street, West Orange, NJ October 2, 2012 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. 6:30 P.M.  Presentation: Anti Bullying Steve Goldstein-Garden State Equality Anti Bullying Campaign  Recreation Department Monthly Update 7:00 P.M.  Public Meeting

AGENDA October 2, 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 Guarino, Councilman Krakoviak, Councilwoman McCartney, Councilwoman Spango, Council President Cirilo (Mayor Parisi) Pledge of Allegiance 2. General Matters Pending 3. Public Comment *4. Consent Agenda *5. Approval of Minutes of Previous Meeting-Public Meeting July 17, 2012, August 21, 2012 & September 11, 2012 *6. Reading of Petitions and Communications and Bids-None *7. Report of Township Officers-Municipal Judge’s Report August 2012 *8. Bills *9. Resolutions TABLEDa. 177-12 Resolution Authorizing a License Agreement Between the Township of West Orange and New Jersey Arts Incubator (NJAI) for the Use of the Oskar Schindler Performing Arts Center (OSPAC) for a Term of Five (5) Years (tabled at the meeting of September 11, 2012) b. 178-12 Resolution Amending the Agreement Between the

the Oskar Schindler Performing Arts Center (OSPAC) for a Term of Five (5) Years (tabled at the meeting of September 11, 2012) b. 178-12 Resolution Amending the Agreement Between the Township of West Orange and Paul Grygiel for Services Rendered (Resolution 153-11) in the Amount NTE $270.00 c. 179-12 Resolution Authorizing an Executive Session for the Purpose of Discussing Litigation d. 180-12 Resolution Authorizing the Collector of Taxes to Rebate Payment to the Listed Taxpayer Pursuant to Final Judgment by the Tax Court of New Jersey e. 181-12 Resolution Authorizing Raffle Licenses f. 182-12 Resolution Authorizing Change Order No. 1 & Final which Represents as-built Quantities Resulting in a Decrease of $3,168.01 with Granada Construction Corp for the 2011 Roadway Improvements, Phase I, Various Streets g. 183-12 Resolution Authorizing a Subordination of Mortage/Yolette Adolphe, 29 Joyce Street h. 184-12 Resolution Authorizing An Abandoned Car Sale To Be Held On October 16, 2012 by Twin Towing, Inc., Select Towing, Inc. & Panek’s Service Center, Inc. All vehicles collected by the Township’s authorized towing companies and abandoned by the owners can be sold at auction pursuant to State and Local Laws. i. 185-12 Resolution Authorizing Change Order No. 2 & Final which Represents a Decrease of $18,771.40 with Shauger Property Services to the Valley Road Streetscape j. 186-12 Resolution Authorizing the Tax Collector to Refund Overpaymen t of 2012 Real Estate Taxes Due to Overpayment by Property Owner k. 187-12 Resolution In Support of the Planning Board’s Opposition to New Jersey Senate Bill S1534 and Assembly Bill A2586 Urging the State Legislators to Vote Against the Passage of Both Bills Agenda Material Subject to Change Prior to Meeting

l. 188-12 Resolution Authorizing the Collector of Taxes to Rebate Payment to the Listed Taxpayer Pursuant to Final Judgment by the Tax Court of New Jersey m. 189-12 Resolution Authorizing a Memorandum of Agreement with AFSCME Council 52 Local 3476 (“Non- Superviso ry Union”) and the Township of West Orange n. 190-12 Resolution Authorizing a One Year Extension to the Original Contract with Reliable Wood Products, LLC, One Caven Point Road, Jersey City, NJ 07305 Commencing on October 1, 2012 10. Ordinances on Second and Final Reading a. 2361-12 An Ordinance Creating New Township Code Section 14, Section 8.2A and Revising the Revised General Ordinances of the Township of West Orange to Allow for Snow, Ice and Grass Removal on Privately Owned Properties by Township Employees or Agents 11. Ordinances on First Reading a. 2362-12 An Ordinance Amending An Ordinance Creating a Reclassification and Salary Schedule of Certain Township of West Orange Municipal Employees Setting Forth Their Titles, Classification and Salary Ranges and Adopting a Salary Guide and Establishing the Employees Status as a Township Employee and Under the Guidelines of the New Jersey Department of Personnel 12. ABC Hearing-None 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 Material Subject to Change Prior to Meeting

177-12 October 2, 2012 RESOLUTION WHEREAS, the Township of West Orange owns certain property located on Boland Drive in the Township of West Orange ("Property") known as the Oskar Schindler Performing Arts Center ("OSPAC"); and WHEREAS, the Township acquired the Property for the purpose of developing a theatrical, cultural and community center; and WHEREAS, a non-profit corporation has been formed under the laws of the State of New Jersey known as the Oskar Schindler Performing Arts Center, Inc. or OSPAC; and WHEREAS, the Township desires for OSPAC to be separate and distinct subject to various restrictions; and WHEREAS, the Township has negotiated the annexed License Agreement for the term of five (5) years; and WHEREAS, the Township has reviewed certain rules and regulations and desires to have rules and regulations in force with regard to all uses of the Property; NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of West Orange that the Township hereby authorizes, approves and empowers the Mayor to execute the annexed License Agreement including the mandated Sublicense Agreement and Rules and Regulations for use of OSPAC and the Municipal Clerk to attest to the Mayor's signature. Victor Cirilo, Council President Karen J. Carnevale, Municipal Clerk Adopted: October 2, 2012

Revised August 30, 2012 177-12 LICENSE AGREEMENT By and Between The Township of West Orange, a New Jersey Municipal Corporation whose address is 66 Main Street, West Orange, New Jersey (“Township”), and New Jersey Arts Incubator (“NJAI”) , a New Jersey Not for Profit Corporation whose address is c/o Amy Simon, Chairperson, 64 Wellington Avenue, West Orange, New Jersey (“ Licensee” and, together with Township, the “Parties.”). The above Parties hereby agree to the following terms and conditions of this license agreement. 1. License Date and Effective Date of Agreement. This License is made with an effective date of June 1, 2012 ("Effective Date"). This Agreement shall not be effective untilTownship receives a copy of this Agreement executed by the President of the Board of Trustees of Licensee along with a Resolution evidencing approval by the Licensee's Board of Trustees. 2. Description of Agreement Premises. The premises licensed by Township toLicensee includes all the premises, grounds and building now known as the Oskar Schindler Performing Arts Center on Boland Drive in the Township (the "Premises"). 3. Term. The term of this License shall be for five (5) years effective date of June 1, 2012 ending May 31, 2017. 4. Licensee's Use. Licensee shall use the Premises for a performing arts facility with all rights to indoor and outdoor usage of the building in furtherance of NJAI’s mission and not for any private use. 5. Fee and Insurance. A fee shall be payable annually for the term of the license in the amount of one dollar ($1.00). In addition to the nominal fee, Licensee agrees to maintain public liability insurance naming itself and Township as named insured in an amount not less than one million ($1,000,000) dollars per occurrence and two million ($2,000,000) dollars in the aggregate. Licensee shall provide Township with a copy of same and renewals thereof not less than thirty (30) days before the date on which the insurance expires. This Agreement shall not be effective until Township receives the required insurance. 6. Usage. Licensee shall have the non-exclusive use of the Premises during the term of the Agreement. Township may utilize the

e effective until Township receives the required insurance. 6. Usage. Licensee shall have the non-exclusive use of the Premises during the term of the Agreement. Township may utilize the facilities for Township events with notice at least thirty (30) days in advance. The Parties agree to negotiate any scheduling conflicts in good faith. All outside community users will be subject to the attached rules and regulations, and will sign a sublicense agreement with Licensee covering such usage on reasonable terms and conditions of Licensee and agrees to pay any out of pocket expenses of Licensee.Licensee shall be permitted to license the Premises for events or ongoing community related services which agree to license or sublease the Premises and which do not interfere with NJAI’s obligation to provide at least eight (8) programs annually at the Premises. Programming content shall be family oriented as determined by Township Business Administrator. Sublicensees of the Premises through NJAI shall be subject to this master Agreement, which will be indicated in

such Sublicense agreement. All Sublicensees must be not-for-profit organizations authorized to do business in the State of New Jersey. The Licensee agrees that Township may choose to continue an annual jazz or other music festival in September with which Licensee shall reasonably cooperate. 7. Licensee's Care. Licensee will commit no act of waste, will take good care of the Premises, and will comply with all laws, regulations, rules, and orders of any federal, state, or local government agencies or departments. Licensee will not abandon the Premises and will do nothing that could increase the cost of Township's fire or public liability insurance. 8. Repairs. Township will make all necessary repairs to the Premises at Township's expense except when the repairs are needed because of misuse or neglect byLicensee or by persons under Licensee's control or on the Premises at Licensee's invitation, in which event, Licensee shall make those repairs at Licensee's own expense. 9. Improvements. Without Township's written consent in advance, Licensee shall not alter, add to, or improve the Premises. Any improvements made by Licensee that constitute fixtures or cannot be removed without material harm to the Premises shall be Township's property upon installation. All of Licensee's personal property shall be removed by Licensee before the termination of this Agreement. Licensee, at the same time, shall repair any injury done to the Premises in connection with the installation and removal of the improvements and the personal property. Licensee shall surrender the Premises in the same condition as they were at beginning of the term, subject to reasonable wear and tear and damage caused by conditions or events beyond Licensee's control except as to improvements. 10. Abandoned Property. All of Licensee's property remaining on the Premises after this Agreement terminates shall be deemed abandoned and the sole property of Township. 11. Rules and Regulations. Attached to this agreement is a copy of certain Rules and Regulations. The rules and regulations are for use of the Premises by persons or entities who will execute a sublicense agreement with Licensee for the use of the Premises. Any changes to these rules and regulations will be submitted to Township and must be approved in writing before implementation.

ute a sublicense agreement with Licensee for the use of the Premises. Any changes to these rules and regulations will be submitted to Township and must be approved in writing before implementation. 12. Services. Township shall provide utilities to the Premises, including heat, hot water, electric and gas, if any. Township also agrees, in its discretion, to provide auxiliary police officers when necessary. Township shall retain the right to implement any cost saving features that do not substantially interfere with the use of the Premises by Licensee. Township shall provide garbage collection and landscaping services to the Premises. Licensee agrees to bag and place all garbage in a secure area. Township agrees to maintain the electrical, plumbing, HVAC and structural systems on the Premises. 13. Damage to Building. If the Premises are damaged by fire or any other cause, so that the cost of restoration, as reasonably estimated by Township, equals or exceeds fifty (50%) percent of the Premise's replacement value (exclusive of foundations) just prior to the damage, then Township may, no later than thirty (30) days following the damage, give Licensee notice of election to terminate this Agreement. If the cost of restoration equals or exceeds fifty (50%) percent of the replacement value and if the Premises are not reasonably usable for the purposes for which they are leased, Licensee may, no later than thirty days following the damage, give Township notice of election to terminate this Agreement. In the event of either of these elections, this Agreement shall terminate on the 31st day after the giving of notice, andLicensee shall surrender possession of the Premises within a reasonable time. If the cost of 2