Conference/Public Meeting Agenda/Documents — Packet

Council President Adopted: October 2, 2012 ABANDONED CAR SALE NOTICE In accordance with N.J.S.A. 39:10A-1 and N.J.S.A. 40A:14-147 the Township of West Orange will hold for sale at public auction on

Tuesday October 16, 2012 at 2:00 pm prevailing time, the vehicles listed below. Sale will be held and vehicles may be inspected at: Twin Towing, 1 Lakeside Avenue, West Orange, NJ 07052. YEAR MAKE VEHICLE ID 2001 Chry 2C4GP44351R331332 2003 NISS JN8AZ08T03W121948 1989 FORD F 250 1FTHF26H8KPA08500 1992 Acu. Integra JH4DA935XNS028909 1999 Toyota 2T1BR12E2XC183284 1997 Honda Civic 1HGEJ6124V1005606 1993 Chevy SLT 1GCCS14R1P0154667 In accordance with N.J.S.A. 39:10A-1 and N.J.S.A. 40A:14-147 the Township of West Orange will hold for sale at public auction on Tuesday October 16, 2012 at 3:00 pm prevailing time, the vehicles listed below. Sale will be held and vehicles may be inspected at: Select Towing, 52 Washington Street, West Orange, NJ 07052. YEAR MAKE VEHICLE ID 2000 Ford c/vic 2FAFP72WXYX140818 1994 BMW 318 WBABE 5320R JA075 09 1996 Acura TC JH4UA 2653T C0061 32 2000 Chevy Mal. 1G1NE 52J2Y 62860 73 1991 Acura INT. JH4DA 9343M S0620 20 1998 BMW 740 WBAGJ 8324W DM111 81 1993 Ford Exp. 1FMDU 34X4P UB751 85 1984 Olds. 98 1G3AG 37Y4E M7345 39 2002 Dodge Stratus 1B3EL 36X62 N1218 67 1989 Nissan Max. JN1HJ 01PXK T2555 93 1999

Dodge Stratus 1B3EL 36X62 N1218 67 1989 Nissan Max. JN1HJ 01PXK T2555 93 1999 Ford XPL 1FMZU 24E2X UB758 94 1995 Chevy Cav. 1G1JF524X57111450 1999 Linc 1LNHM 81WXX Y6487 67 1998 Ford Taurus 1FAFP 53S2W A1486 89 2000 Chrys Sebri 4C3AU 42NOY E1032 66 The Township of West Orange will hold for sale at public auction on October 16, 2012 at 4:00 p.m. prevailing time, the vehicle(s) listed below. Sale will be held and vehicles may be inspected at: Panek’s Service Center, Inc. 44 Lakeside Ave., West Orange, NJ 07052. YEAR MAKE VEHICLE ID 1994 Hon. Acc. 1HGCD5633RA131318 1999 Saturn 1G8ZH 5281x Z1544 26 1995 Ford ECO 1FTFE24Y0SHA81108 1995 Honda Civic 2HGEH2364SH519286 1993 Toyota Run. JT3VN39W1P0127225 1998 HYU. Elan KMHJF24M6WU732190 1994 Inf. Q45 JNKNG01D6RM262032 1993 Ford Tru. 1FALP57UXPA247020 1993 Lex. ES300 JT8VK13T6P0200613 1999 Lex. 300 JT6HF 10U9x0088350 2005 Chevy Cob. 1G1AK52F457644931 2003 Mitsub JA3AJ36E33U16145 1998 PIY. Voy. 2P4GP4536WR801742 1990 Chevy Blaz. 1GNEV18K3LF148266 1999

PIY. Voy. 2P4GP4536WR801742 1990 Chevy Blaz. 1GNEV18K3LF148266 1999 Kia Sephia KNAFB1219X5814254 2001 Nissan Path. JN8DR07Y91W527833 1994 BMW 321 WbABF4326REK13771 All of the above vehicles shall be sold as transferable titles. Sales are subject to payment of all accumulated towing and storage charges. A 25% deposit will be required in cash and the balance payable in 24 hrs. Vehicles will be removed from the storage premises at buyer’s expense within 48 hours of the sale date. Anne DeSantis-Purchasing Agent

185-12 October 2, 2012 RESOLUTION WHEREAS, The Township of West Orange and Shouter Property Services, Inc., a New Jersey Corporation having its principal place of business at 429 Dodd Street, East Orange, New Jersey 07017 have hereto entered into a contract designated Valley Road Streetscape in the amount of $390,521.10 the original bid amount; and WHEREAS, Change Order No. 1 in the amount of $27,000.00 was previously approved bringing the total approved funding for this project to $417,521.10; and WHEREAS, the final contract amount reflecting As Built quantities is $398,749.70 which is a decrease of $18,771.40 from the adjusted contract amount; and WHEREAS, the Township Engineer recommends Change Order No. 2 and Final a reduction in the adjusted contract amount of $18,771.40 be approved; and WHEREAS, the Township Council concurs the foregoing NOW THEREFORE BE IT RESOLVED by the Township Council and the Township of West Orange that Change Order No. 2 and Final which represents a decrease of $18,771.40 from the previous authorized amount of $417,521.10 or a reduction of 4.5 percent be authorized with Shouter Property Services, Inc. to the Valley Road Streetscape at unit prices bid and for construction items necessary to make the improvements, and the Township Council further authorizes Leonard R. Lepore, Municipal Engineer to execute said Change Order. Karen J. Carnevale, Municipal Clerk Victor Cirilo, Council President Adopted: October 2, 2012

#12-02 RESOLUTION TOWNSHIP OF WEST ORANGE PLANNING BOARD WHEREAS bills have been introduced in the New Jersey Senate (S1534) and New Jersey Assembly (A2586) with the stated purpose of “equalizing the standing of private and public colleges before land use agencies;” and WHEREAS these bills would exempt private colleges from the regulatory framework for non-governmental land use applicants as set forth in the Municipal Land Use Law at N.J.S. 40:55D-1, et seq.; and WHEREAS the Planning Board of the Township of West Orange (the “Board”) has studied this proposed legislation and deliberated thereon; IT IS HEREBY RESOLVED: 1. The Planning Board of the Township of West Orange strongly opposes this legislation on the grounds that it is contrary to the policies and goals of the Municipal Land Use Law as well as the ordinances and planning documents of the Township. 2. The Municipal Land Use Law requires private land owners to seck and obtain approvals from the local land use board before developing land except in instances of single or two-family housing. This requirement is intended to provide for the orderly development of land in accordance with the planning goals and ordinances adopted by the municipality where the land is situated. 3. By exempting private colleges from the application/approval process the proposed legislation would create a separate class of privileged landowners whose interests are distinct and often inconsistent with the public interest when it comes to land use decision-making. 4. Private colleges already enjoy the enhanced status of being deemed “inherently beneficial.” (See Hughes v. Monmouth University, 394 N.J. Super, 207, 228 (Law Div. 2006) aff'd., 394 N.J. Super. 193 (App. Div. 2007), cert. denied, 192 N.J. 599 (2007) This elevated status reduces their burden of proof when they seck use variances. 5. The Board recognizes that private colleges and universities are valuable members of our communities which contribute to the educational, economic, social and athletic stature and welfare of the towns where they locate.

6. However, the proposed legislation threatens to unhinge private colleges from zoning restraints and grant them carte-blanche to pursue their interests without due regard for the needs and desires of the local municipality including the Township of West Orange, its citizens and homeowners. 7. For all these reasons we urge you to defeat this ill-advised legislation. IN WITNESS WHEREOF, the Board has caused this Resolution to be executed by its Chairman and Secretary on the 1st day of August, 2012. ARC Robert Bagoff, Chairman aa a Robin Miller, Secretary

187-12 October 2, 2012 RESOLUTION WHEREAS, the Planning Board of the Township of West Orange on or about August 1, 2012, adopted Resolution #12-02, indicating its opposition to New Jersey Senate bill S1534, and New Jersey Assembly bill A2586, both seeking to equalize the standing of private and public colleges before municipal land use bodies by exempting private colleges from the regulatory framework for non-governmental land use applicants as set forth in the Municipal Land Use Law, N.J.S.A. 40:55D-1, et seq.; and WHEREAS, the aforesaid Planning Board Resolution, a copy of which is annexed hereto, sets forth its reasons for opposing the cited bills and urges the NJ State Legislature to defeat this proposed legislation; and WHEREAS, in sum and substance, the Planning Board’s objects to the proposed legislation on the grounds that it is contrary to the principles of sound land use planning as set forth in the MLUL, eviscerating the usual protections afforded the public with respect to development by private colleges which already enjoy enhanced status by virtue of their categorization as “inherently beneficial” under the MLUL; and WHEREAS, the Planning Board has sought the West Orange Township Council’s support in opposition to this proposed legislation; and WHEREAS, the Township Council has reviewed the proposed legislation and concurs with the conclusions of the Township’s Planning Board as set forth in its Resolution #12-02; NOW, THEREFORE, BE IT, AND IT IS HEREBY, RESOLVED BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF WEST ORANGE, that for all of the reasons set forth in West Orange Planning Board Resolution #12-02, a copy of which is annexed hereto, the Township Council hereby joins the Planning Board in expressing its opposition to New Jersey Senate bill S1534, and New Jersey Assembly bill A2586, and urges its State Legislators to vote against the passage of both of those bills, and IT IS FURTHER RESOLVED, that the Municipal Clerk shall be and hereby is authorized to forthwith send a fully executed copy of this Resolution, with the attached Planning Board Resolution #12-02, to each of the State Legislators representing the legislative districts within which West

o forthwith send a fully executed copy of this Resolution, with the attached Planning Board Resolution #12-02, to each of the State Legislators representing the legislative districts within which West Orange, or any portion thereof, lies. Victor Cirilo, Council President Karen J. Carnevale, Municipal Clerk Adopted: October 2, 2012

188-12 October 2, 2012 RESOLUTION AUTHORIZING THE COLLECTOR OF TAXES TO REBATE PAYMENT TO THE LISTED TAXPAYER PURSUANT TO FINAL JUDGMENT BY THE TAX COURT OF NEW JERSEY WHEREAS, final judgment on tax appeals has been rendered by the Tax Court of New Jersey on the petitions of the taxpayers listed on the attached schedule reducing the assessment for the years 2009 & 2010. WHEREAS, such judgment by merit of N.J.S.A. 54:3-27.2 shall be conclusive and binding upon the municipal assessor and taxing district; NOW, THEREFORE BE IT RESOLVED by the West Orange Township Council that the Collector of Taxes and Treasurer of West Orange, be and they are hereby authorized, empowered and directed to cause to be paid to the said taxpayers the sums in full and final satisfaction to tax rebates due: Block Lot Name & Address YR Reduction Assessment Amount 70 1 George & Anna Mitola 2009 15,000 $1,882.05 29 Northfield Road 70 1 George & Anna Mitola 2010 15,000 $1,947.45 29 Northfield Road TOTAL: $3,829.50 Karen J. Carnevale Victor Cirilo Municipal Clerk Council President Adopted: October 2, 2012