82-18 Authorizing Retention of Special Counsel to Analyze Mayors Role in Redevelopment 2.14.18.pdf

1 82-18 February 27, 2018 RESOLUTION WHEREAS, the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq. (the “Redevelopment Law”) authorizes municipalities to determine whether certain parcels of land located therein constitutes an area in need of redevelopment; and WHEREAS, on September 19, 2017, the Township Council for the Township of West Orange (the “Council”) adopted Resolution 212-17 authorizing the Planning Board for the Township of West Orange (the “Planning Board”) to conduct a preliminary investigation to determine whether certain properties including properties in Essex Green and properties on Executive Drive (collectively the “Redevelopment Area”) meet criteria set forth as an area in need of redevelopment; and WHEREAS, the Planning Board conducted public hearings on November 1, 2017 and December 6, 2017 on whether the Redevelopment Area met the statutory criteria to qualify as an area in need of redevelopment; and WHEREAS, on January 3, 2018, the Planning Board adopted Resolution 18-1 whereby it recommended to the Township Council that the Redevelopment Area be designated as an area in need of redevelopment; and WHEREAS, on January 9, 2018, the Township Council heard public comment and adopted Resolution 17-18 designating the Redevelopment Area as an area in need of redevelopment; and WHEREAS, the Mayor has thus far recused himself from any official actions related to the Redevelopment Area because he currently leases office space in a building located on Executive Drive; and WHEREAS, the Mayor intends to vacate the leased office space on Executive Drive in the near future and has entered into a lease termination agreement with the current landlord; and

2 WHEREAS, the Township seeks to retain special counsel to analyze the scope in which the Mayor may now act in his official capacity under the Local Government Ethics Law, N.J.S.A. 40A:-22.1 and any relevant regulations promulgated by the Local Finance Board and any other applicable laws; and WHEREAS, the Township seeks to retain Thomas P. Scrivo, Esq. of O’Toole Scrivo to perform the analysis; and WHEREAS, Thomas P. Scrivo, Esq. has extensive experience with counseling public and government entities regarding compliance with statutory and regulatory law, including compliance with the Local Government Ethics Law and redevelopment law; and WHEREAS, Mr. Scrivo has served as counsel to several public agencies including the Chief Counsel to the Governor, and various municipalities; and WHEREAS, Mr. Scrivo has agreed to an hourly rate of $175 and that his fees will be capped at $2,000. NOW, THEREFORE, BE IT RESOLVED that the Township Council hereby authorizes the Township to retain Thomas P. Scrivo, Esq. of O’Toole Scrivo as special counsel to analyze the scope in which the Mayor can act in his official capacity under the Local Government Ethics Law concerning the area in need of redevelopment determined by the Council by Resolution adopted January 9, 2018 at the rate of $175 per hour at a maximum expense of $2,000; and BE IT FURTHER RESOLVED, that the Business Administrator is hereby authorized to execute any retainer agreement to retain Mr. Scrivo and the Township Clerk is hereby authorized to attest to the Business Administrator’s signature; and

3 RESOLVED that notice of this award shall be available in the Clerk’s office in accordance with applicable law. Karen J. Carnevale, R.M.C. Susan McCartney Municipal Clerk Council President Adopted: February 27, 2018 I hereby certify funds are available from: Account No. JOHN O. GROSS, CFO 4836-2584-7901, v. 1