Public Township Council Meeting — Packet

1. Agendas Documents: PM5.29.12.PDF, CA5.29.12.PDF 2. Ordinances Documents: 2358-12 BOND ORDINANCE.PDF, 2357-12 ZONING-DRAFT REVISIONS - OCTOBER 2012.PDF, 2358-12 ATTACHMENT.PDF 3. Resolutions Documents: 114-12 EXECUTIVE SESSION TAX APPPEALS.DOC, 93-12 RAFFLE LICENSES-5.29.12.DOC, 94-12 EXTENSION AFFORDABLE HOUSING TRUST FUND.DOC, 95-12 APPT-QUARTELL-TOWNSHIP MEDICAL DIRECTOR.DOC, 96-12 OCCIDENTAL RESOLUTION.DOC, 98-12 IMPROVEMENT OF UNDERCLIFF TERRACE CHANGE ORDER LETTER.DOC, 98-12 UNDERCLIFF TERRACE-CHANGE ORDER RESOLUTION.DOC, 99-12 OLD SALEM RD. AND SALEM PLACE RESOLUTION.DOC, 99-12 OLD SALEM ROAD AND SALEM PLACE CHANGE ORDER LETTER.DOC, 100-12 AWARD SPRING 2012 TREE PLANTING VARIOUS LOCATIONS-LETTER.DOC, 100-12 AWARD SPRING TREE PLANTING 2012 RESOLUTION.DOC, 101-12 AGREEMENT WITH YMCA.DOC, 101-12 RESOLUTION AUTHORIZING AGREEMENT WITH MONTCLAIR YMCA FOR USE OF GINNY DUENKEL POOL 2012.DOC, 102-12 RESOLUTION UPDATING FIRE SUPPRESSION COOKING PERMIT AND OTHER UFC PERMIT FEES.DOC, 103- 12 RESOLUTION AUTHORIZING 3RD EXTENSION OF SALE PERIOD FOR CLIFF STREET PROPERTIES.DOC, 104-12 AMEND 37- 12_ADDITIONAL_DEFERRED_COMPENSATION_PLANS(2).DOC, 105-12 CONTRACT - STEVE WEINBERG.DOC, 105-12 RESOLUTION TO EXECUTE AMENDED CONTRACT-WEINBERG.DOC, 106-12 RESOLUTION WOHRP LOAN AMT 4-23 (3).DOC, 106-12 RESOLUTION WOHRP LOAN AMT W-REVISIONS.DOC, 107-12 RESOLUTION TO APPROVE AMENDED SPENDING PLAN.DOC, 107-12 W.O. SPENDING PLAN-ATTACHMENT.DOC, 108-12 WESTORANGERESOLUTIONTOIMPLEMENTEMERGENCYREPAIR15_5_12.DOC, 109-12 MOU WITH HNFA AND DHS8 ATTACHMENT.DOC, 109-12 WORESOLUTIONALLOCATINGMONEYTOTHESPECIALNEEDSHOUSINGPARTNERSHIP-NEW.DOC, 110-12 DUPLICATE PAYMENT RESOLUTION 2ND QTR2012.DOC, 111-12 APPROVING AGREEMENT WITH BARRETO- DOWD.PDF, 112-12 AWARD OF BID TO DONOFRIO AND SON.DOC, 113-12 LICENSE AGREEMENT - NJAI.DOC, 113-12 RESOLUTION-NEW JERSEY ARTS INCUBATOR.DOC

AGENDA May 29, 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-April 24 Public Meeting *6. Communication *7. Reports - Municipal Judge’s Report - April 2012 *8. Bills 9. Ordinances on Second and Final Reading *10. Ordinances on First Reading a. 2357-12 Zoning Ordinance – Land Use Regulations b. 2358-12 Bond Ordinance Providing an Appropriation of $4,184,305 for Reconstruction of the Sanitary and Storm Sewerage Systems and Associated Reconstruction and Repaving of the Roadways within the Llewellyn Park Section of the Township Directing a Special Assessment of the Cost Thereof in the Amount of $3,684,305 and Authorizing the Issuance of $3,684,305 Bonds or Notes *11. Resolutions a. 93-12 Resolution Authorizing Raffle Licenses b. 94-12 Resolution Calling for an Extension for Affordable Housing Trust Funds to be

uance of $3,684,305 Bonds or Notes *11. Resolutions a. 93-12 Resolution Authorizing Raffle Licenses b. 94-12 Resolution Calling for an Extension for Affordable Housing Trust Funds to be Committed c. 95-12 Resolution Authorizing Dr. Anthony Quartell to Become the Township’s Medical Director and to Administer Certain Medical Services in Exchange for a Salary of $1,000. Per Year For Any Such Services Rendered d. 96-12 Resolution Authorizing Execution of a Letter to State Senators and Assemblymen in the Action Entitled NJDEP v. Occidental Chemical Corporation, Et. Al. e. 97-12 REMOVED Resolution Authorizing Execution of an Inter-local Agreement Between the Township of West Orange and the Borough of Roseland for Animal Control Services for a Term of Two (2) years from July 1, 2012 to June 30, 2014 f. 98-12 Resolution Authorizing Change Order No. 1 and Final, Improvement of Undercliff Terrace,

A & J Contractor’s Group, Monroe Township, New Jersey, Decrease in the Amount of $3,023.20 g. 99-12 Resolution Authorizing Change Order No. 1 and Final, Reconstruction of Old Salem Road and Salem Place, A & J Contractor’s Group, Monroe Township, New Jersey, Decrease in the Amount of $63,414.40 h. 100-12 Resolution Authorizing A Window Contract for Spring 2012 Tree Planting, Cerbo’s Nursery, 440 Littleton Road, Parsippany, NJ 07054 i. 101-12 Resolution Authorizing License Agreement with Montclair YMCA for Limited Use of Pool Facilities at Ginny Duenkel Pool for Swim Practices, Summer of 2012 j. 102-12 Resolution Amending Permit Fees Consistent with the Uniform Fire Code, N.J.A.C.5:70-2.9(c) k. 103-12 Resolution Authorizing Third Extension of Time (Additional Sixty Days) for Closings on Cliff Street Properties l. 104-12 Resolution Amending Resolution 37-12 Adding Additional Deferred Compensation Plans m. 105-12 Resolution Authorizing Execution of Amended Agreement Between the Township of West Orange and Steven J. Weinberg n. 106-12 Resolution to Amend the West Orange Housing Rehabilitation Program o. 107-12 Resolution Authorizing the Township of West Orange to Approve Amended Spending Plan (COAH) p. 108-12 Resolution to Implement Emergency Repair Program Under Affordability Assistance (COAH) q. 109-12 Resolution Allocating Money from Municipal Affordable Housing Trust Fund to the Special Needs Housing Partnership and Authorizing the Mayor to Sign the MOU with HMFA and DHS r. 110-12 Resolution Authorizing Duplicate Payment for the Second Quarter 2012 Taxes s. 111-12 Award of Professional Services Contract to Barreto/Dowd, Landscape Architecture, Planning, Urban Design, 100 Old Tavern Road, Howell, New Jersey 07731 for Township Owned Property at 55-57 Ridgeway Avenue, in an Amount not to Exceed $35,000 t. 112-12 Award of Bid to D’Onofrio & Son, Inc. Landscaping, 47 Van Ness Terrace, Maplewood, New Jersey 07040 for the contract Maintenance of Various Township Owned Parcels in the Total Amount of $125,000 for the Base Bid of $68,950 (Contingent Upon Adoption of Budget) u. 113-12 Resolution Authorizing License Agreement with the New Jersey Arts Incubator v. 114-12 Resolution Authorizing an Executive Session

id of $68,950 (Contingent Upon Adoption of Budget) u. 113-12 Resolution Authorizing License Agreement with the New Jersey Arts Incubator v. 114-12 Resolution Authorizing an Executive Session for the Purpose of Discussing Pending Tax Appeals 12. ABC Hearing a. 475-12 Resolution Authorizing a Person to Person Transfer from Duran & Vera LLC t/a El Rancho to Angelitos, El Palacio De Pollo 13. Adjournment

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 May 29, 2012 6:30 P.M.  Recreation Update  Discussion(s)  West Orange Open Space Commission Recommendation  Zoning Ordinance Revision Susan Borg, Deputy Director – Planning Paul Grygiel, AICP, PP  COAH Update - Shirley Bishop, PP 7:00 P.M.  Public Meeting

BOND ORDINANCE #2358-12 BOND ORDINANCE PROVIDING AN APPROPRIATION OF $4,184,305 FOR RECONSTRUCTION OF THE SANITARY AND STORM SEWERAGE SYSTEMS AND ASSOCIATED RECONSTRUCTION AND REPAVING OF THE ROADWAYS WITHIN THE LLEWELYN PARK SECTION OF THE TOWNSHIP OF WEST ORANGE, IN THE COUNTY OF ESSEX, NEW JERSEY, DIRECTING A SPECIAL ASSESSMENT OF THE COST THEREOF IN THE AMOUNT OF $3,684,305 AND AUTHORIZING THE ISSUANCE OF $3,684,305 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF. BE IT ORDAINED, BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF WEST ORANGE, IN THE COUNTY OF ESSEX, NEW JERSEY (not less than two-thirds of all members thereof affirmatively concurring) AS FOLLOWS: SECTION 1: The improvements described in Section 3(a) of this bond ordinance (the “Improvements”) are hereby authorized to be undertaken by the Township of West Orange, New Jersey (the “Township”) as general and local improvements. For the said Improvements there is hereby appropriated the amount of $4,184,305, such sum includes the sum of $500,000 as the down payment (the “Down Payment”) required by the Local Bond Law of the State of New Jersey Statutes, constituting Chapter 2 of Title 30A of the New Jersey Statutes, as amended and supplemented (the “Local Bond Law”). The Down Payment is now available by virtue of provision in one or more previously adopted budgets for down payments or capital improvement purposes. SECTION 2: In order to finance the additional cost of the Improvements not covered by application of the Down Payment, negotiable bonds of the Township are hereby authorized to be issued in the principal amount of $3,684,305 pursuant to the provisions of the Local Bond Law (the “Bonds”). In anticipation of the issuance of the Bonds, negotiable bond anticipation notes of the Township are hereby authorized to be issued in the principal amount of $3,684,305 pursuant to the provisions of the Local Bond Law (the “Bond Anticipation Notes” or “Notes”). SECTION 3: (a) The Improvements authorized and the purpose for the financing of which said obligations are to be issued is for the sanitary and storm sewerage systems and associated reconstruction and repaving

(a) The Improvements authorized and the purpose for the financing of which said obligations are to be issued is for the sanitary and storm sewerage systems and associated reconstruction and repaving of the roadways, over, about and alongside of said systems, within the Llewelyn Park section of the Township, as described in Schedule A attached, including all work and materials necessary therefor and incidental thereto, and as shown on and in accordance

with the plans and specifications on file with the Township Clerk and hereby approved. (b) The estimated maximum amount of Bonds or Notes to be issued for the purpose of financing a portion of the cost of the Improvements is $3,684,305. (c) The estimated cost of the Improvements is $4,184,305 which amount represents the initial appropriation made by the Township. SECTION 4. All Bond Anticipation Notes issued hereunder shall mature at such times as may be determined by the Chief Financial Officer of the Township (the “Chief Financial Officer”); provided that no Note shall mature later than one year from its date. The Notes shall bear interest at such rate or rates and be in such form as may be determined by the Chief Financial Officer. The Chief Financial Officer shall determined all matters in connection with Notes issued pursuant to this ordinance, and the signature of the Chief Financial Officer upon the Notes shall be conclusive evidence as to all such determinations. All Notes issued hereunder may be renewed from time to time subject to the provisions of Section 8(a) of the Local Bond Law. The Chief Financial Officer is hereby authorized to sell part or all of the Notes from time to time at public or private sale and to deliver them to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their dates to the date of delivery thereof. The Chief Financial Officer is directed to report in writing to the Township Council of the Township at the meeting next succeeding the date when any sale or delivery of the Notes pursuant to this ordinance is made. Such report must include the amount, the description, the interest rate and the maturity schedule of the Notes sold, the price obtained and the name of the purchaser. SECTION 5: The capital budget of the Township is hereby amended to conform with the provisions of this ordinance to the extent of any inconsistency herewith. The resolution in the form promulgated by the Local Finance Board showing full detail of the amended capital budget and capital programs as approved by the Director, Division of Local Government Services, Department of Community Affairs, State of New Jersey is on file with the Township Clerk and is available for public inspection. SECTION 6: Notice is hereby given to the owners of all

Department of Community Affairs, State of New Jersey is on file with the Township Clerk and is available for public inspection. SECTION 6: Notice is hereby given to the owners of all lands and parcels of real estate benefited by the improvements described in Section 3(a) hereof and affected by the improvements described therein, that the Township intends to make and levy special assessments against all such lots and parcels of real estate in an aggregate amount not exceeding $3,684,305. Such special assessments shall be made and levied in the manner provided by law and shall be as nearly as possible in proportion to and not in excess of the peculiar benefit, advantage or increase in value that the respective lots and parcels of real estate shall be deemed to receive by reason of the improvement. It is expected that the Township will contribute $0 to the cost of the improvement; however, if the amount of the special assessments as finally confirmed is less than the sum of $3,684,305, as described in Section 3(a) hereof, then the Township will also contribute the difference to the cost of the improvement.