Public Township Council Meeting — Packet

dences within the municipality. 2. HMFA will deposit and hold the municipality’s AHTF money in a separate escrow account for Township of West Orange identifiable from other funds. 3. The HMFA and Township of West Orange will acknowledge the transfer of such money by executing an escrow agreement. 4. Either the municipality or Our House, Inc. with the consent of Township of West Orange, may identify the property selected for acquisition and renovation.

5. Township of West Orange shall approve the property selection prior to the purchase of any house intended to fulfill the requirements of the Special Needs Partnership. 6. The Department of Human Services will determine the suitability of the identified property for the intended population. 7. HMFA will coordinate with DHS such that a site inspection will take place within 15 business days of notification by DHS that the property is suitable and DHS or HMFA will develop an estimate of the cost of necessary renovations including accessibility modifications. 8. The results of each site inspection shall be available at HMFA within 10 business days of said inspection. 9. Upon receiving notification from DHS that a proposed property is suitable, the qualified developer will submit an application to HMFA for consideration. Thereafter, HMFA will order an appraisal of the subject property. 10. HMFA will coordinate the terms by which DHS will provide operational and service funding for the project, and/or terms by which a service provider will demonstrate a source or sources of operating and service subsidy other than DHS. 11. If Our House, Inc. is unable to enter into a contract to purchase the subject property within 120 days from the date the developer’s application is accepted by HMFA, the municipality may identify another property or another developer. 12. The disbursement of funds for acquisition will occur at closing. 13. The municipality shall require Our House, Inc. to include, in any transfer of ownership, a deed restriction maintaining the use of the premises and any of the units therein as a residence for the sole purpose of housing developmentally disabled individuals for 20 years, the term required by the DHS. 14. Once the property is acquired, HMFA shall issue a close-out report including, but not limited to, the property location, amount awarded to Our House, Inc. and any other relevant information. 15. The Township of West Orange shall receive the affordable housing credits for each bedroom which is included in the deed restriction as set forth in Paragraph 13 pursuant to the affordable housing regulations in effect on the date the deed restriction is recorded.

This MOU shall not be effective until signed by all parties. The parties sign this MOU as of the date and year set forth above. This MOU may be signed in subparts. ATTESTED BY: State of New Jersey Housing and Mortgage Finance Agency By: ________________________________ ATTESTED BY: State of New Jersey Department of Human Services By:_________________________________ ATTESTED BY: Township Of West Orange By:_________________________________ Mayor, Robert Parisi E:\COAH\2012\westorangeMOUwithHNFAandDHS 5-8-12

109-12 May 29, 2012 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 WHEREAS, the Governing Body of West Orange Township, Essex County has approval to establish and administer an Affordable Housing Trust Fund (AHTF) that includes development fees, payments from developers in lieu of constructing affordable units on-site, barrier free escrow funds, rental income, repayments from affordable housing program loans, recapture funds, proceeds from the sale of affordable units; and WHEREAS, West Orange Township, Essex County wishes to participate in the Special Needs Housing Partnership established through the Departments of Community Affairs (DCA) and Human Services (DHS) and the New Jersey Housing Mortgage and Finance Agency (HMFA); and WHEREAS, AHTF monies may be allocated for affordable supportive/special needs housing within West Orange Township, Essex County; and WHEREAS, by allocating $250,000.00 to the Special Needs Housing Partnership from its Affordable Housing Trust Fund, West Orange Township, Essex County will provide the funding for the acquisition and rehabilitation of special needs housing within its borders; and WHEREAS, West Orange Township, Essex County also wishes to enter in a Memorandum of Understanding with DHS and HMFA, which understanding will coordinate the efforts of the parties to create appropriate housing for individuals with developmental disabilities in the community through the purchase and conversion of existing residential properties within the municipality. NOW THEREFORE BE IT RESOLVED that the Governing Body of West Orange Township, Essex County hereby allocates $250,000 for use by the Special Needs Housing Partnership. MAY IT FURTHER BE RESOLVED THAT the Governing Body of West Orange Township, Essex County hereby authorizes Mayor Robert Parisi to execute the MOU with HMFA and DHS on behalf of the municipality. Karen J. Carnevale Patricia Spango Municipal Clerk Council President Adopted: May 29, 2012 E:\COAH\2012\WOResolutionAllocatingMoneytoTheSpecialNeedsHousingPartnership.doc

110-12 May 29, 2012 RESOLUTION WHEREAS, certain West Orange property owners or their mortgage company have made a duplicate payment for the second quarter 2012 tax; WHEREAS, the Tax Collector of the Township of West Orange has indicated that such Taxpayers or their mortgage company are entitled to refunds to the extent of such overpay- payments; NOW, THERFORE, BE IT RESOLVED by the Township Council of the Township of West Orange that the Tax Collector and Treasurer of West Orange be and they are hereby authorized, empowered and directed to cause to be paid to the taxpayers on the attached list the sums indicated in full and final satisfaction of overpayment of the 2012 taxes. Block Lot Name and Address Amount 176.02 48.10 C0164 Lynn Dunetz dup payment $3,050.23 93 Sullivan Drive West Orange, NJ 07052 OR Citimortgage, Inc. Corelogic 95 Methodist Hill Drive, Suite 10 Rochester, NY 14623 TOTAL: $ 3,050.23 Karen J. Carnevale Patricia Spango Municipal Clerk Council President Adopted: May 29, 2012

111-12 May 29, 2012 RESOLUTION WHEREAS, the Township owns property commonly known as 55-57 Ridgeway Avenue and known as Block 158, Lot 39 on the Assessment Maps of the Township of West Orange (the “Property”); and : WHEREAS, the Township desires to consider the development of a passive neighborhood park with regard to the Property; and WHEREAS, the Mayor and Director of Planning have met with numerous residents concerning this potential improvement to the Property; and WHEREAS, the features may include new pedestrian paths, pedestrian-entrances at Ridgeway Avenue, Arverne Road, and Highland Boulevard and additional fencing, landscaping and stonewall reconstruction; and WHEREAS, the Township has consulted with the landscape architecture planning and urban design firm of Barreto/Dowd of Howell, New Jersey; and WHEREAS, the Barreto/Dowd firm has presented a proposal with various components including design, construction, bidding and administration in the amount of $32,791.75 excluding reimbursable expenses; and WHEREAS, the award herein has not been the subject of fair and open bidding pursuant to the Local Public Contracts Law; and WHEREAS, sufficient funds exist in the Capital Budget for this work; and WHEREAS, the Township Council concurs in the foregoing. NOW, BE IT HEREBY RESOLVED, by the Township Council of the Township of West Orange that the Township be and is hereby authorized to enter into the proposed Agreement with Barreto/Dowd of Howell, New Jersey in an amount not to exceed $35,000.00 including reimbursable expenses which funds shall be paid for from the Capital Budget for Design-Ridgeway Avenue; and BE IT FURTHER RESOLVED that a copy of this Resolution and notice of this award shall be published and available in the Clerk’s office as required by law. Karen Carnevale, Municipal Clerk Patricia Spango, Council President 1 hereby certify funds are available from: CAPITAL BUDGET RIDGEWAY AVENUE DESIGN ACCOUNT NO.: 03-2217-22-2084-203. John Gross, Chief Financial Officer Adopted: May 29, 2012

112-12 May 29, 2012 RESOLUTION WHEREAS, on April 26, 2012 pursuant to the requirements of the Local Public Contracts Law the Township of West Orange advertised for bids for the service contract entitled “The Maintenance of Various Township Owned Parcels, Including Turf Maintenance, Litter and Debris Collection, Weed Control and Fall Leaf Collection and Disposal” prepared by the Engineering Division of the Township of West Orange dated April 2012; and WHEREAS, on May 22, 2012 the Township received three bids for this service contract; and WHEREAS, the Township Engineer reviewed the bid submissions and he determined D’Onofrio & Son, Inc. Landscaping, 47 Van Ness Terrace, Maplewood, New Jersey 07040 was the lowest responsive bidder as their bid included all the required documents and for each bid item which included a Base Bid and 16 Alternates, D’Onofrio & Son, Inc., Landscaping had the lowest cost; and WHEREAS, upon review of the proposal of D’Onofrio & Son, Inc., Landscaping and based on the funds available for this service in the 2012 Operating Budget for the Township of West Orange the Township Engineer recommends awarding the following Bid Items to D’Onofrio and Son, Inc., Landscaping: 1. Base Bid – Turf Maintenance Litter and Debris Collection, Weed Control Leaf Collection – All Parcels $ 68,950.00 2. Alternate 1B - Maintenance of Shrubs & Beds for Trees, Shrubs and Flowers – All Parcels $ 6,500.00 3. Alternate 1C – Chemical and Fertilizer Application All Parcels $ 32,000.00 4. Alternate 5 – Weed Control Special Improvement District $ 17,550.00 TOTAL $125,000.00 ;and WHEREAS, sufficient funds exists for this contract; and WHEREAS, the Township Council concurs in the

;and WHEREAS, sufficient funds exists for this contract; and WHEREAS, the Township Council concurs in the foregoing. NOW THEREFORE BE IT RESOLVED by the Township Council of the Township of West Orange that a service contract entitled “The Maintenance of Various Township Owned Parcels, Including Turf Maintenance, Litter and Debris Collection, Weed Control and Fall Leaf Collection and Disposal” be awarded to D’Onofrio & Son Inc., Landscaping, 47 Van Ness Terrace, Maplewood, New Jersey 07040 in the amount of $125,000 for the Base Bid, Alternate 1B, Alternate 1C and Alternate 5.

Karen Carnevale, Municipal Clerk Patricia Spango, Council President I hereby certify funds are available from: BUILDING AND GROUNDS ACCOUNT NO.: 01-2010-00-7101-113 John O. Gross, Chief Financial Officer

Rev. May 25, 2012 113-12 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). 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 until the Township 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 of West Orange, New Jersey ("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 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 the Township receives the required insurance. 6. Usage. Licensee shall have the non-exclusive use of the Premises during the term of the Agreement. The Township may utilize the facilities for West Orange