114-18 Authorizing Retention of Expert to Prepare Traffic Study.pdf

114-18 May 8, 2018 RESOLUTION WHEREAS, on Tuesday, June 9, 2015, the Township Council for the Township of West Orange (the “Township”) passed Resolution 156-15 which authorized the commencement of a declaratory judgment action consistent with the transitional process established in the New Jersey Supreme Court In the Matter of the Adoption of N.J.A.C. 5:96 and 5:97 by the New Jersey Council on Affordable Housing, 221 N.J. 1 (2015) (the “Affordable Housing Decision”) to obtain judgment approving of the Township’s affordable housing plan; and WHEREAS, pursuant to Resolution 156-15, the Township commenced a declaratory judgment action captioned In Re Township of West Orange, Docket No. ESX-L-4697-15 (the “Declaratory Judgment Action”); and WHEREAS, West Essex Highlands, Inc. (“WEHI”), the owner of a 125-acre property located in the northwest area of the Township at Block 179, Lot 32 (the “WEHI Property”) intervened into the Declaratory Judgment Action in order to challenge the Township’s affordable housing plan as related to WEHI’s interest in developing the WEHI Property; and WHEREAS, WEHI’s challenge relates to the number of units they seek to build at the WEHI Property; and WHEREAS, the potential impact on the traffic in the area of the WEHI Property is being contested, including the submission by WEHI of a traffic study; and WHEREAS, the Township requires the retention of a traffic expert to prepare a responsive traffic study to WEHI’s traffic study; and WHEREAS, CME Associates (“CME”), a consulting and municipal engineering firm located at 1460 Route 9 South, Howell, New Jersey 07731 has submitted a proposal to prepare a responsive traffic study, annexed hereto as Exhibit “A” (the “Proposal”) and WHEREAS, the Proposal provides that CME will prepare the traffic study at a rate not to exceed $5,500; and

2 WHEREAS, the Proposal falls below the bid threshold thereby exempting the proposal from the requirements of the Local Public Contracts Law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF WEST ORANGE, that the Township is hereby authorized to retain CME to prepare a traffic report pursuant to the terms of the Proposal annexed hereto as Exhibit “A;” and be it further RESOLVED, that Mayor is authorized to execute the Proposal and any other necessary documents to retain CME consistent with the proposals annexed hereto as Exhibit “A;” and be it further RESOLVED, that the Municipal Clerk be and is hereby authorized to attest to the Mayor’s signature; and be it further RESOLVED this resolution shall be published and made available in the Clerk’s office in accordance with applicable law. Karen J. Carnevale, R.M.C. Susan McCartney Municipal Clerk Council President Adopted: May 8, 2018 I hereby certify funds are available from: Account No. JOHN O. GROSS, CFO 4852-8192-7011, v. 1