Township Council Meeting — Agenda

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185-22 July 19, 2022 RESOLUTION TO HOLD A CLOSED SESSION WHEREAS, the Open Public Meetings Act (N.J.S.A. 10:4. et seq.) provides for the exclusion of the public meetings of the governing body during the discussion of certain matters; and WHEREAS, prior to the exclusion of the public from a meeting of the Township Council it is required that the Council adopt a Resolution stating the general nature of the subject to be discussed and stating as precisely as possible the time when the minutes of the discussion conducted in closed session can be disclosed to the public; and WHEREAS, this body is about to consider a matter which falls within the purview of N.J.S.A. 10-4-12, and can properly exclude the public from such discussions; now, therefore, be it BE IT RESOLVED, that the Township Council of the Township of West Orange, now assembled in public session at its regular meeting of July 19, 2022 enter into a closed session to consider the following matter(s). () 1. Discussion of any material, the disclosure of which constitutes an invasion of individual privacy. () 2. A collective bargaining agreement or the terms of provisions of same. () 3. Techniques or tactic utilized to protect the safety and property of the public provided that their disclosure could impair such protection. () 4. An investigation of violations or possible violations of the laws of the State of New Jersey and/or the Township of West Orange Administrative Code. (X) 5. Pending or anticipated litigation or contract negotiation in which this body is or maybe a party. () 6. A matter falling within the attorney-client privilege to the extent that confidentiality is required in order for the attorney to exercise his ethical duties to this body. () 7. Personnel matters. () 8. Discussion of any matter which by express provision of Federal law or State statute or rule of Court shall be rendered confidential. () 9. Discussion of any matter in which the release of information would impair a right to

or State statute or rule of Court shall be rendered confidential. () 9. Discussion of any matter in which the release of information would impair a right to receive funds from the Government of the United Sates. () 10. Discussion of any matter involving the purchase, lease or acquisition of real property with public funds, the setting of banking rates or investment of public funds, where it could adversely affect the public interest if discussion of such matters were disclosed. () 11. Deliberations occurring after a public hearing that may result in imposition of a civil penalty or suspension or loss of a license or permit.

More specifically, the Council may discuss in closed session the following topic(s): Kevin Malanga v. Township of West Orange, et al. (the general subject matter(s) of discussion shall be indicated by a check mark in the appropriate box and shall be more specifically referred to thereafter to the extent such additional disclosure can be made without compromising the need for confidentiality giving rise to the closed session. IT IS FURTHER RESOLVED that the minutes of said discussion shall be made public as soon as the matter under discussion is no longer of a confidential or sensitive nature such that the public interest will no longer be served by such confidentiality. The foregoing resolution was duly adopted by the Township Council of the Township of West Orange at a public meeting held on July 19, 2022 Motion: Second: Vote Aye: Opposed: Karen J. Carnevale, R.M.C. Susan McCartney Municipal Clerk Council President Adopted: July 19, 2022

186-22 July 19, 2022 RESOLUTION WHEREAS, on June 10, 2022, Kevin Malanga filed a new action captioned Kevin Malanga v. Township of West Orange and Township of West Orange Council, Docket No.: ESX-L-003433-22; and WHEREAS, on July 11, 2022, the Court had a Case Management Conference; and WHEREAS, West Orange Senior Housing has intervened in the action; and WHEREAS, Plaintiff’s counsel and the Township have discussed certain revisions with regard to the Agreement of Sale which would expedite this matter and resolved the litigation pending before the New Jersey Supreme Court; NOW HEREBY BE IT RESOLVED, BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF WEST ORANGE that the proposed Addendum to the Agreement be and is hereby approved. BE IT FURTHER RESOLVED that the Mayor be and is hereby authorized to execute the Addendum and the Municipal Clerk may attest to the Mayor’s signature. Karen J. Carnevale, R.M.C. Susan McCartney Municipal Clerk Council President Adopted: July 19, 2022