Public Township Council Meeting — Packet

93-12 May 29, 2012 RESOLUTION WHEREAS, the following charitable organization(s) have applied for a Raffle License which raffle is to be conducted within the Township of West Orange, NOW THEREFORE, BE IT RESOLVED by the Township Council of the Township of West Orange, that the Municipal Clerk is hereby authorized to issue a license to conduct a raffle by the following organization (s) at the place (s) and time(s) set opposite their respective name(s): Organization Date of Event Place RL # Greater NJ AAZK 6.3.12 424 Eagle Rock Avenue 6746 Alliance, Inc. Tricky Tray Greater NJ AAZK 6.3.12 424 Eagle Rock Avenue 6747 Alliance, Inc. On Premise 50/50 Holy Trinity 6.29.12 315 Main Street 6748 Episcopal Alliance On Premise 50-50 Holy Trinity 6.29.12 315 Main Street 6749 Episcopal Alliance On Premise Tricky Tray St. Joseph Church 6.28.12 44 Benvenue Avenue 6750 On premise Bingo to 12-20-12 St. Joseph Church 6-28-12 44 Benvenue Avenue 6751 On Premise Pull-Tabs to 12-20-12 Patricia Spango Karen J. Carnevale Council President Municipal Clerk Adopted: May 29, 2012

94-12 May 29, 2012 RESOLUTION CALLING FOR AN EXTENSION FOR AFFORDABLE HOUSING TRUST FUNDS TO BE COMMITTED WHEREAS, P.L. 2008, c. 46 established a four year timetable for municipal housing trust dollars to be “committed for expenditure, or risk forfeiture to the State;” and WHEREAS, the 2008 Act did not define the term “committed for expenditure” and deferred to the Council on Affordable Housing (COAH) to promulgate regulations as to the requirements to be met for “committed” as well as a timetable for expenditures; and WHEREAS, neither COAH nor the Department of Community Affairs has adopted, nor proposed, the regulations pursuant PL 2008, c. 46; and WHEREAS, hundreds of municipalities submitted spending plans to COAH, of which only a fraction of these plans were reviewed by the agency, and most of these municipalities have not been provided any guidance on their spending plans; and WHEREAS, at the time of 2008 Act, COAH was prepared to adopt its “3rd round regulations” establishing municipal obligations under the “Fair Housing Act”; and WHEREAS, COAH’s 3rd round regulations were highly controversial and fundamentally flawed, and subsequently set aside by the Appellate Division, and the appeal of that decision now awaits consideration by the State Supreme Court; and WHEREAS, eight years of litigation over COAH’s methodology has had a chilling effect not only on the development of affordable housing, but on the ability of local governments to commit trust fund dollars without knowledge of their respective obligations, and certainty that such commitment would count towards its housing obligation; and WHEREAS, in 2008 the State Legislature passed the Permit Extension Act providing developers additional time because of the economic recess, an extension that was further granted in 2010 and which a third extension is now under consideration by the Legislature; and WHEREAS, many of the projects in which the permits have been extended include an affordable housing component, and no such extension to municipalities; and WHEREAS, forfeiture of trust fund dollars starting in July 2012 would be fundamentally unfair, inequitable and indefensible

le housing component, and no such extension to municipalities; and WHEREAS, forfeiture of trust fund dollars starting in July 2012 would be fundamentally unfair, inequitable and indefensible since neither COAH nor DCA has provided the required guidance or certainty; and WHEREAS, these trust fund dollars should be used as intended: to subsidize the costs for municipalities in meeting their affordable housing obligations while assuring that these costs do not fall to local taxpayers; and WHEREAS, forfeiture of these dollars, estimated by some to be as much as $200 million, would displace this financial obligation to the taxpayers in these communities; and NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of Township of West Orange urges the Christie Administration and the State Legislature to extend the July 2012 to “commit” municipal affordable housing trust fund dollars and for the State to provide the needed regulatory guidance contemplated in PL 2008 c. 46; and BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded to the Senator Richard J. Codey, Assemblyman John F. McKeon and Assemblywoman Mila Jasey, the New Jersey State League of Municipalities and the Office of the Governor. Patricia Spango Karen J. Carnevale Council President Municipal Clerk Adopted: May 29, 2012

95-12 May 29, 2012 RESOLUTION WHEREAS, there exists a need in the Township for medical assistance to review and sign off on certain medical-related governmental forms, and attend to and/or assess the health and/or injuries of Township personnel, including but not limited to Police Department employees, Fire Department employees, and other departments and non uniform personnel; WHEREAS, the Township of West Orange desires to appoint a Medical Director for the Township for the benefit of its employees and residents; WHEREAS, Dr. Anthony Quartell, a resident of the Township, has represented his interest and ability to serve as Medical Director for the Township at the salary of $1,000 per year; WHEREAS, Dr. Quartell is a medical doctor who possesses any and all required Board Certifications and the requisite skills and abilities to serve as Medical Director; WHEREAS, the cost to the Township falls below the threshold established by the Local Public Contracts Law, allowing the Township to contract for the services of a Medical Director without an open procurement process, N.J.S.A. 40A:11-3; NOW, BE IT HEREBY RESOLVED, by the Township Council of the Township of West Orange, that Dr. Anthony Quartell is hereby authorized 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. NOW, THEREFORE, BE IT RESOLVED by Township Council of the Township of West Orange, New Jersey as follows: 1. The contract for the performance of medical assistance, medical attendance to and/or medical assessments of the health and/or injuries of Township personnel, including but not limited to Police Department employees, Fire Department employees, and other departments and non uniform personnel is hereby awarded to Dr. Anthony Quartell. Dr. Anthony Quartell agrees that he shall serve as the Medical Director for the Township of West Orange which shall include the following responsibilities: (a) Reviewing, authorizing, and/or signing any and all required

al Director for the Township of West Orange which shall include the following responsibilities: (a) Reviewing, authorizing, and/or signing any and all required or requested administrative governmental forms or other documents in connection with the medical business or needs of the Township or its personnel and/or employees; (b) Will provide the supervision and authorization of State mandated medical services and the writing of necessary Health Department Standing Orders; and (c) Evaluating, when requested, the health and/or condition of certain Township personnel and/or employees, or other such individuals in his or the Township’s discretion.

2. Reimbursement of Expenses. Dr. Anthony Quartell shall receive reimbursement for out- of-pocket expenses up to a maximum of $50 per month during the contract period upon submission of receipts for necessary and approved supplies. All additional expenses above the $50 maximum will require the prior approval of the Township’s Business Administrator. 3. Independent Contractor. Dr. Anthony Quartell is an independent contractor who shall be solely responsible for his own work hours and daily responsibilities. As an independent contractor, Dr. Anthony Quartell shall be fully responsible for all obligations to any taxing authority or other governmental entity. Dr. Anthony Quartell shall receive no monetary or other benefits not specifically enumerated in this agreement. 4. Insurance. Dr. Anthony Quartell shall maintain all necessary insurance coverage to practice medicine, including but not limited to malpractice insurance. 5. Dr. Anthony Quartell shall be paid for the services set forth in this agreement the sum of $83.33 per month effective March 1, 2012 and continuing each month thereafter with the Township and Dr. Anthony Quartell having the right to terminate this agreement on five (5) days written notice at any time. 6. A copy of this Resolution shall be published in accordance with the law. 7. A copy of this Resolution shall be maintained on file with the Municipal Clerk available for public inspection. Karen J. Carnevale Patricia Spango Township Clerk Council President Adopted: May 15, 2012 ATTEST: TOWNSHIP OF WEST ORANGE By: Karen J. Carnevale, Township Clerk Robert D. Parisi, Mayor ACCEPTED: DR. ANTHONY QUARTELL I hereby certify funds are available from: Certification of Funds: Account No. 01-2010-00-2702-200. By: Anthony Quartell, M.D. John O. Gross, Chief Financial Officer

96-12 May 29, 2012 RESOLUTION AUTHORIZING EXECUTION OF A LETTER TO STATE SENATORS AND ASSEMBLYMEN IN THE ACTION ENTITLED NJDEP v. OCCIDENTAL CHEMICAL CORPORATION, ET AL. WHEREAS, certain claims have been asserted against the Township of West Orange in the action entitled NJDEP v. Occidental Chemical Corporation, et al., Docket No. ESX-L-9868-05 pending in the Superior Court of New Jersey, Essex County (the “Litigation”) regarding alleged environmental contamination at the lower 17 miles of the Passaic River, Newark Bay, the lower reaches of the Hackensack River, the Arthur Kill, the Kill Van Kull, and into adjacent waters and sediments(the “Newark Bay Complex”); WHEREAS, the New Jersey Department of Environmental Protection, the Commissioner of the New Jersey Department of Environmental Protection and the Administrator of the New Jersey Spill Compensation Fund (hereinafter referred to collectively as the “State of New Jersey”) commenced the present litigation on or around December 13, 2005, suing defendants, Occidental Chemical Corporation, Tierra Solutions, Inc., Maxus Energy Corporation, Repsol YPF, S.A., YPF, S.A., YPF Holdings, Inc. and CLH Holdings (hereinafter referred to collectively as the “Tierra- Maxus Defendants”); WHEREAS, the State of New Jersey’s Complaint seeks to recover from the Tierra-Maxus Defendants past and future cleanup and removal costs, as well as unspecified economic damages, punitive damages, damages for alleged “unjust enrichment,” penalties and a variety of other forms of relief purportedly arising from the alleged discharges into the Passaic River of 2,3,7,8-tetrachlorodibenzo-p-dioxin (a form of dioxin referred to as “TCDD”) and other unspecified “hazardous substances” from a plant that operated at 80 Lister Avenue in Newark, New Jersey for approximately twenty years before the plant was closed in 1969. WHEREAS, in its Complaint, the State has alleged that as a direct result of the Tierra-Maxus Defendants’ intentional releases and discharges into the Passaic River, and the Tierra-Maxus Defendants’ subsequent practice of obfuscation and delay for another twenty-plus years, TCDD has migrated throughout Newark Bay Complex; WHEREAS, on or around

aic River, and the Tierra-Maxus Defendants’ subsequent practice of obfuscation and delay for another twenty-plus years, TCDD has migrated throughout Newark Bay Complex; WHEREAS, on or around February 4, 2009, defendants, Maxus Energy Corporation and Tierra Solutions, Inc. filed a third-party complaint against approximately eighty-five (85) municipalities and public entities including the Township of West Orange for contribution towards the cleanup and removal costs that Maxus and Tierra have incurred or will incur in the future relating to the Newark Bay Complex.

WHEREAS, certain Third-Party Defendant municipalities and public entities, including the Township of West Orange, are members of a group known as the “ Municipal Group” in the Litigation; WHEREAS, the Township has incurred and continues to incur significant legal and transactional fees in connection with this Litigation; NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of West Orange, as follows: 1. The Mayor, on behalf of the Township of West Orange, is hereby authorized to sign the signature pages of the Letter to its State Senator and Assemblymen, which will be adopted in substantially the form contained in the draft copy annexed hereto, and thereafter shall immediately transmit the said signature pages to Peter J. King, Esq., Liaison Counsel for the Municipal Group, for forwarding in bulk to its State Legislators. ______________________________ ______________________________ Karen J. Carnevale, Municipal Clerk Patricia Spango, Council President I, Karen J. Carnevale, Clerk of the Township of West Orange, in the County of Essex, State of New Jersey, do hereby certify the foregoing to be a true and exact copy of a Resolution adopted by the Township of West Orange at its regular meeting held on May 29, 2012. ________________________ Karen J. Carnevale, Clerk

May 17, 2012 Mayor and Township Council Municipal Building 66 Main Street West Orange, New Jersey 07052 RE: IMPROVEMENT OF UNDERCLIFF TERRACE CHANGE ORDER NO. 1 AND FINAL Mayor Parisi, Council President Spango, Councilwoman McCartney and Gentlemen: Attached please find Change Order No. 1 for the project entitled “Improvement of Undercliff Terrace”. This Change Order results in a net decrease of $3,023.20 in the Contract amount. The original contract award amount was $314,499.40. The final contract amount with A & J Contractors, Inc. of Monroe, New Jersey is $311,476.20. This Change Order reflects the as-built quantities for the items listed in the bid proposal as well as two supplemented items which were required during construction due to field conditions. The original Contract amount of $314,499.40 was funded by both a Transportation Trust Fund Grant in the amount of $250,000 and a Local Capital Budget Appropriation of $64,499.40. Thus the reduction of the Contract amount will enable West Orange to retain more of its own funding that was appropriated for this contract. A Resolution is attached approving Change Order No. 1 for the Improvement of Undercliff Terrace. Very truly yours, Leonard R. Lepore, Municipal Engineer Director of Public Works LRL/tp enc. cc: John K. Sayers John Gross Richard D. Trenk Kenneth Kayser