Packet · Dec 4, 2012
Conference/Public Meeting Agendas/Documents — Packet
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1. Conference Meeting Agenda Documents: CA12.4.12.PDF 2. Public Meeting Agenda Documents: PM12.4.12.PDF 3. 220-12 Documents: 220-12 AUTHORIZING MAYOR TO SIGN SELLERS RESIDENCY CERTIFICATE.PDF, 220-12 EXHIBITS TO RESOLUTION.PDF 3.I. 221-12 Documents: 221-12 DUPLICATE PAYMENT RESOLUTION-FOURTH 2012.PDF 3.II. 222-12 Documents: 222-12 CBJ RESOLUTION 2012-NUMBER 2-2.PDF 3.III. 223-12 Documents: 223-12 CBJ RESOLUTION 2012 NUMBER 3-1.PDF 3.IV. 224-12 Documents: 224-12 TAX COURT RESOLUTION- 78 02 2.PDF 3.V. 225-12 Documents: 225-12 CANCELLATION OF SMALL BALANCES 2012.PDF 3.VI. 226-12 Documents: 226-12 RESOLUTION SETTING FORTH 2013 DELINQUENT TAX RATE.PDF 3.VII. 227-12 Documents: 227-12 BLACKBURN DEVELOPMENT TAX APPEAL.PDF, 227-12 SCHEDULE A.PDF 3.VIII. 228-12 Documents: 228-12 TAX APPEALS - WEST ORANGE PLAZA (3).PDF 3.IX. 229-12 Documents: 229-12 CBJ RESOLUTION 2012-4.PDF 3.X. 230-12 Executive Session Documents: 230-12 EXECUTIVE SESSION 12.4.12.PDF 4. Ordinance(S) On First Reading 4.I. 2365-12 Documents: 2365-12-WHITTLESEY AVE.PDF 4.II. 2366-12 Documents: 2366-12 BOND ORDINANCE-REAPPROPRIATING.PDF 4.III. 2367-12 Documents: 2367-12 AMENDATORY BOND ORDINANCE (2).PDF
AGENDA COUNCIL COMMITTEE CONFERENCE MEETING Council Chambers – 66 Main Street, West Orange, NJ December 4, 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. Roll Call – Councilman Guarino, Councilman Krakoviak, Councilwoman McCartney, Councilwoman Spango, Council President Cirilo (Mayor Parisi) ______________________________________________________________________ 6:30 P.M. 7:00 P.M. Public Meeting
AGENDA December 4, 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 11, 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 11, 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-None *6. Reading of Petitions and Communications and Bids-None *7. Report of Township Officers-West Orange Municipal Court October 2012 *8. Bills *9. Resolutions a. Removed b. 220-12 Resolution Authorizing the Mayor to Execute All Documents Necessary to Effectuate the Proper Recordation of the Deed of Conveyance Dated April 1, 1957 Between the Township of West Orange and Francis J. and Lillian Moran, Block 25, Lot 10 c. 221-12 Resolution Authorizing the Collector of Taxes to Rebate Payment to the Listed Taxpayer Pursuant to Final Judgment by the Essex County Board of Taxation d. 222-12 Resolution Authorizing the Collector of Taxes to Rebate Payment to the Listed Taxpayer
e Payment to the Listed Taxpayer Pursuant to Final Judgment by the Essex County Board of Taxation d. 222-12 Resolution Authorizing the Collector of Taxes to Rebate Payment to the Listed Taxpayer Pursuant to Final Judgment by the Essex County Board of Taxation e. 223-12 Resolution Authorizing the Collector of Taxes to Rebate Payment to the Listed Taxpayer Pursuant to Final Judgment by the Essex County Board of Taxation f. 224-12 Resolution Authorizing the Collector of Taxes to Rebate Payment to the Listed Taxpayer Pursuant to Final Judgment by the Tax Court of New Jersey g. 225-12 Resolution Authorizing the Cancellation of Delinquent Sewer ChargesLess than $2.00 h. 226-12 Resolution To Set the Interest Rate and Penalties to be Charged for Delinquent Tax Payments i. 227-12 Resolution Authorizing the Settlement of Tax Appeals on Behalf of Blackburn Development Company, Block 164, Lot 1.01 in Accordance with “Schedule A” j. 228-12 Resolution Authorizing the Settlement of Tax Appeals on Behalf of West Orange Plaza, property located at the intersection of Eagle Rock Avenue and Prospect Avenue under Docket Nos. 001069-2010 and 001219-2012 for years 2010, 2011 and 2012 in accordance with “Schedule A” k. 229-12 Resolution Authorizing the Collector of Taxes to Rebate Payment to the Listed Taxpayer Pursuant to Final Judgment by the Essex County Board of Taxation l. Removed Agenda Material Subject to Change Prior to Meeting
10. Ordinances on Second and Final Reading 11. Ordinances on First Reading a. 2365-12 An Ordinance Amending and Supplementing Chapter 7, Traffic, Subsection 7-32.2, Restricted Parking Zones, of the Revised General Ordinances of the Township of West Orange-Handicapped Parking-112 Whittlesey Avenue b. 2366-12 Bond Ordinance Reappropriating $1,606,799.25 Proceeds of Obligations Not Needed For Their Original Purposes for the Acquisition of Various Improvements by the Township of West Orange, NJ c. 2367-12 Bond Ordinance Amending Various Bond Ordinance to Amend the Description to Provide for Various Capital Improvements For and By the Township of West Orange in the County of Essex, New Jersey 12. ABC Hearing a. 493-12 Person to Person Transfer to a Pocket License– Lincoln Highway Industrial Development, LLC b. 494-12 Person to Person and Place to Place Transfer West Orange News, Inc. t/a Pleasant Valley Food & Spirits 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
220-12 December 4, 2012 RESOLUTION WHEREAS, on April 1, 1957, the Township of West Orange (the “Township”) conveyed certain Township owned land located at Block 25, the easterly 10 feet of Lot11 (the “Property”), to the contiguous property owners, Francis J. Moran, Sr. and Lillian Moran, his wife, (the “Morans”), owners of the property located at Block 25, Lot 10; and WHEREAS, the Township has been informed by Estate of Francis J. Moran, Sr. that the Deed of Conveyance transferring title to the Property to the Morans (the “Deed”) was never recorded (Exhibit A); WHEREAS, a review of the deed abstracts for Block 25, Lots 10, 11, 12 and 13 and the metes and bounds description contained on the Deed at issue was performed by the Municipal Engineer/Director of Public Works, Leonard R. Lepore, P.E. on November 16, 2012 in an effort to ascertain historical clarification regarding the transfer of the Property by the Township to the Morans; and WHEREAS, a review of the deed abstracts confirmed the following history with regard the Property and surrounding lots: The Morans purchased Block 25, Lot 10 in August, 1952. At that time the property was 30 feet wide by 100 feet deep. The description from that deed began 250 feet from the intersection of the northerly line of Nutman Place with the westerly line of Valley Road, and then extended westerly another 30 feet along Nutman Place, which point would then be 280 feet from the intersection of Nutman Place and Valley Road. The unrecorded Deed dated April 1, 1957 between the Township and the Morans began 280 feet from the intersection of Nutman Place and Valley Road then 1
extended 10 feet westerly, which point would then be 290 feet from the intersection of Nutman Place and Valley Road. On the same day, April 1, 1957, the Township sold the remaining of its parcels of land to the west of the Morans to Adam Mangino and Rose Mangino, his wife (the “Manginos”). The parcels sold to the Manginos by deed dated April 1, 1957 began 290 feet from the intersection of the northerly line of Nutman Place with the westerly line of Valley Road. This parcel had 224 feet of frontage along Nutman Place and was described as Lots 11, 12 and 13 in Block 25. Those parcels were 75, 75 and 74 feet wide, respectively, as indicated on the tax maps. In subsequent deeds, Lot 11, adjacent to the Morans, began 290 feet from the intersection of Nutman Place and Valley Road then extended 75 feet west. Therefore, the ten feet sold to the Morans by the Township on April 1, 1957 has never been included in the current Lot 11 description and was not included when the Township sold Lot 11 to the Manginos in 1957; WHEREAS, the recordation of the Deed from the Township to the Morans will serve to clarify title to current Lots 10 and 11, Block 25 in conformance with the current Township Tax Map (Exhibit B); WHEREAS, the Estate of Francis J. Moran, deceased, has requested that the Township execute Seller’s Residency Certification/Exemption, (Exhibit C), so that the Deed may be properly recorded and the Estate may have clear title to the parcel in question; and WHEREAS, the Township Law Department concurs that executing the Seller’s Residency Certification/Exemption, so that the Deed dated April 1, 1957 between the Township and the Morans may be properly recorded, is in the best interests of the Township of West Orange; 2
NOW, THEREFORE BE IT HEREBY RESOLVED BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF WEST ORANGE that the Mayor be and is hereby authorized to execute all documents necessary to effectuate the proper recordation of the Deed of Conveyance dated April 1, 1957 between the Township of West Orange and Francis J. Moran and Lillian Moran, his wife, and the Municipal Clerk shall be and is hereby authorized to attest to the Mayor’s signature. Karen J. Carnevale, Victor Cirilo, Municipal Clerk Council President Adopted: December 4, 2012 3
EXHIBIT A
Chis Sndenture, Made the yee. | aay of -Apral One Thousand Nine Hundred and Fifty-seven. ie : ° aoa Between THE TOWN OF WEST ORANGE, - a! aan eipal corporation ESE | 1 the year of our Lord in the ae = a : co". Countyief Essex" and State of New Jersey yoy p. sparty.of the first part; : « | and FRANCIS. J. MORAN, SR: and: LILLIAN MORAN, his wife, residing a 2 4 v Ve ey a) ‘ be tata in the Town lof ~ West-OQrpamge j:) -' ' County of Essex and State of New Jersey . party of. the second pa. ti ituesseth, That the said party of the first part, for and in consideration of the sum of Hl --- - - - ONE DOLLAR AND OTHER ‘GOOD ‘AND VALUABLE CONSIDERATION eee Jawful money of the United States of America, to Sit) in Hard wall arid trivly ‘paid by the said | 9 the. Sealing and delivery of these party of the second pact, at, or b hereby acknowledged, and the sai paid, ha & given, granted,’ bargained; sold alioned, teleaséd: enfeoifed; conveyed dnd éonfiimed ‘and by these presents do es ,give, grant, bargain, sel], alien, release, enfeof,, convey, and confirm. unto the said i i party of the second part, and to their heirs and assigns, forever, ' Ql that certain’ 8 he a : \ tract or parcel. ‘of land and premises, hereinafter particularly described, situate, lying and being | in the Town of West Orange | County of Essex and State of “New Jerseys 8s yee oes BE ge eT BEGINNING “ata point “in “the northerly line of Nuttiian Place distant 280 feet westerly from the intersection of the northerly line | of Nuttman Place with the westerly line of Valley Road: thence (1) | along the northerly’ line of Nuttman’ Place Nor th 62 degrees 13 minutes i te West distant 10 feet; thence (2). at right angles to. Nuttman Place North! j 28 degrees 47 minutes East distant. 100 feet; thence (3) parallel to Nuttman | Place South 61 degrees’ 1S minutes Hast distant 10 feet to lands — } | of Francis J. Motans thence (4) along Moran's westerly line and paral— lei to the second course hereinabove South. 28: degrees 47 minutes West distant 100 feet to the northerly line of Nuttman Place, the point and Place of BEGINNING. Being known and designated as’ the easterly 10 feet of Lot 11 in Block 25, as. shown on the. Tax Maps of the, Town of West Orange.
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