Township Council Meeting — Packet

1. Conference Meeting Agenda Documents: CA 10.8.24.PDF 2. Public Meeting Agenda Documents: PM 10.8.24.PDF 3. Resolution(S) 3.I. 288-24 Documents: 288-24 AUTHORIZING SETTLEMENT OF TOWNSHIP OF WEST ORANGE V. RON JOLYN REALTY ET. AL.PDF 288-24 EXHIBIT A-RON JOLYN.PDF 3.II. 289-24 Documents: 289-24 RESOLUTION AUTHORIZING FEDERAL AID AGREEMENT WITH NJDOT .PDF 289-24 AWARD 2022 FROM NJDOT TO WEST ORANGE.PDF 289-24 AGREEMENT BLANK TO SPONSOR-WEST ORANGE.PDF 3.III. 290-24 Documents: 290-24 TAX COURT JUDGMENT RESOLUTION.PDF 3.IV. 291-24 Documents: 291-24 -24 RAFFLE LICENSES 10.8.24.PDF 3.V. 292-24 Documents: 292-24 RESOLUTION RESOLVING CERTAIN LITIGATION AND ACCEPTING PUBLIC IMPROVEMENTS COLONIAL WOODS 4853-4291-0187 UPDATED.PDF 3.VI. 293-24 Documents: 293-24 RESOLUTION AUTHORIZING REPAIR OF ROOF AT ROCK SPRING ESCNJ 2024.PDF 293-24 EXHIBIT A.PDF

3.VI. 293-24 Documents: 293-24 RESOLUTION AUTHORIZING REPAIR OF ROOF AT ROCK SPRING ESCNJ 2024.PDF 293-24 EXHIBIT A.PDF 4. Ordinance(S) On Second And Final Reading 4.I. 2872-24 Documents: 2872-24 BOND. ORD. - ROAD SEWER IMPROVEMENTS - WEST ORANGE 7.2024 (14581359.1).PDF 4.II. 2873-24 Documents: 2873-24 ORDINANCE NO PARK 8-10AM OAKRIDGE COLONY WEST 91724.PDF 4.III. 2874-24 Documents: 2874-24 ORDINANCE MOVING BUS STOPS AT RMS BACK TO GILBERT PL 91724.PDF 4.IV. 2875-24 Documents: 2875-24 ORDINANCE HC SPACES 50 HAZEL 29 PARK DR N 55 HARRISON.PDF 5. Ordinance(S) On First Reading 5.I. 2876-24 Documents: 2876-24 ORDINANCE OXFORD TERR DELETE WINTER PARKING REGULATION 92524.PDF 5.II. 2877-24 REMOVED 5.III. 2878-24 Documents: 2878-24 ORDINANCE SUPP. CHAPTER 25 - BANNING POP-UP PARTIES.PDF

Township of West Orange CONFERENCE MEETING AGENDA Council Chambers – 66 Main Street Tuesday, October 8, 2024 Meeting No. 19 This is to inform the general public that this meeting is being held in compliance with Section 5 of the Open Public Meetings Act, Chapter 231, Public Law 1975. The annual notice was emailed to the Star Ledger and filed in the Township Clerk’s office on November 21, 2023, and published in the West Orange Chronicle on November 30, 2023. Roll Call – Councilwoman Casalino, Councilwoman Ghebremicael, Councilwoman Scarpa, Councilwoman Williams, Council President Rutherford, Mayor McCartney =========================================================== 6:30 P.M.  Swearing In Ceremony-West Orange Police Department     Tara Vera Nicholas Christopher Gwendolyn Abreu Tyler Martinez  Michael Gray-Senior Outreach Advisor-Senator George Helmy's Office  Kiwanis International  Council Liaison Announcements  Public Meeting – 7:00 p.m. Agenda is subject to change.

REVISED PUBLIC MEETING AGENDA Township of West Orange 66 Main Street – 7:00 p.m. October 8, 2024-Meeting No. 19 This is to inform the general public that this meeting is being held in compliance with Section 5 of the Open Public Meetings Act, Chapter 231, Public Law 1975. The annual notice was emailed to the Star Ledger and filed in the Township Clerk’s office on November 21, 2023, and published in the West Orange Chronicle on November 30, 2023. Statement of Decorum In all matters not provided for in subsection 3-15.1 and except upon consent of the Council President, each person addressing the Council pursuant to this subsection shall be required to limit his or her remarks to five (5) minutes and shall at no time engage in any personally offensive or abusive remarks. The chair shall call any speaker to order who violates any provision of this rule. (1972 Code § 3-15.2) Roll Call – Councilwoman Casalino, Councilwoman Ghebremicael, Councilwoman Scarpa, Councilwoman Williams, Council President Rutherford, Mayor McCartney 1. Public Comment 2. *Consent Agenda 3. *Approval of Minutes of Previous Meeting –Public Meeting September 24, 2024 4. *Report of Township Officers - None 5. *Reading of Petitions and Communications and Bids - None 6. *Bill List 7. *Resolutions a. 288-24 Resolution Authorizing Settlement of Township of West Orange v. Ron Jolyn Realty et. al. (Legal-Gengaro) b. 289-24 Resolution Authorizing Federal Aid Agreement with NJDOT (Carballo) c. 290-24 Resolution Authorizing the Collector of Taxes to Rebate Payment to the Listed Taxpayers Pursuant to Final Judgement by the Tax Court of New Jersey (K. Longo) d. 291-24 Resolution Authorizing the Issuance of Raffle Licenses (Clerk) e. 292-24 Resolving Certain Litigation And Accepting Certain Public Improvements, Including The Rights Of Way At Colonial Woods North And Extension Of Nance Road And Public Easements Shown On The Filed Map Entitled “Final Plat-Block 173, Lot 2and Block 172.29, Lot 40.02, Colonial Woods North, Township Of West Orange, Essex County, New Jersey” (Carballo) f. 293-24 Resolution Authorizing the Roof Repair through the Educational Services Commission of NJ Cooperative for the Rock Spring Golf Course (P. Reynolds) 8. Ordinances on Second and Final Reading a. 2872-24 Bond Ordinance Providing For Road, Sidewalk And Sewer Improvements, By And In The Township Of West Orange, In The

Spring Golf Course (P. Reynolds) 8. Ordinances on Second and Final Reading a. 2872-24 Bond Ordinance Providing For Road, Sidewalk And Sewer Improvements, By And In The Township Of West Orange, In The County Of Essex, State Of New Jersey; Appropriating $2,000,000 Therefor And Authorizing The Issuance Of $1,904,000 Bonds Or Notes Of The Township To Finance Part Of The Costs Thereof (Ditinyak)

b. 2873-24 An Ordinance Amending and Supplementing Chapter 7, Traffic, Subsection 7-14.2a Parking Prohibited on Certain Streets During Certain Hours of Certain Days of the Revised General Ordinances of the Township of West Orange (Carballo) c. 2874-24 An Ordinance Amending And Supplementing Chapter 7, Traffic, Subsections 7-26.1, Bus Stops, 7-10.2 Stopping Or Standing Prohibited During Certain Hours On Certain Streets On Certain Days, And 7-14.2A Parking Prohibited On Certain Streets During Certain Hours Of Certain Days Of The Revised General Ordinances Of The Township Of West Orange (Carballo) d. 2875-24 An Ordinance Amending And Supplementing Chapter 7, Traffic, Subsection 7-32.2 Restricted Parking Zones Of The Revised General Ordinances Of The Township Of West Orange (Carballo) 9. Ordinances on First Reading a. 2876-24 An Ordinance Amending And Supplementing Chapter 7, Traffic, Subsection 7-14.6 Winter Parking Restrictions, Of The Revised General Ordinances Of The Township Of West Orange (Carballo) b. 2877-24 REMOVED c. 2878-24 An Ordinance Amending and Supplement Chapter 25 of the Revised General Ordinances of the Township of West Orange Banning “POP-UP” Parties (Legal-Gengaro) 10. Pending Matters/New Matters/Council Discussion  CCRB – Consensus Appointment by Township Council Harry Almodovar Lewis Abrams 11. ABC Hearing-None 12. Adjournment The Council President may at his/her discretion modify with consent the order of business at any meeting of the Council if he/she deems it necessary and appropriate. (1972 Code § 3-8; Ord. No. 726-84; Ord. No. 1157-93; Ord. No. 2128-07 § II) Please click the link below to join the webinar: https://us06web.zoom.us/j/83713114857?pwd=FKMX5G99H1hwmPSW7mdKBMUT91XrwB.1 Webinar ID: 837 1311 4857 Passcode: 754782 Dial In: 1-(646) 931-3680 Public Comment – In Person Only Next Meeting Date(s): October 29, 2024 Agenda is subject to change.

288-24 October 8, 2024 RESOLUTION WHEREAS, on April 28, 2022, the Township of West Orange (the “Township”) filed a Complaint commencing a lawsuit captioned: Township of West Orange v. Ron Jolyn Realty & P S Realty, Docket No. ESX-L-2518-22 (the “Ron Jolyn Litigation”) seeking recovery of costs incurred by the Township related to the evacuation and temporary housing of tenants from the garden apartments at 275 Northfield Avenue (the “Property”) following a slope collapse at the Property which occurred on September 2, 2021; and WHEREAS, Defendants Ron Jolyn Realty and P S Realty (the “Ron Jolyn Defendants”) have negotiated a proposed settlement of the Township’s claims to resolve the Ron Jolyn Litigation as set forth in the proposed Release, substantially in the form annexed hereto as Exhibit “A;” WHEREAS, the proposed Release sets forth that the Ron Jolyn Defendants shall pay to the Township a settlement amount of $135,000 in exchange for release as to the Township’s claims; and WHEREAS, following the Township’s receipt of funds from the Federal Emergency Management Agency (“FEMA”), the remaining balance of the costs incurred by the Township for the evacuation and temporary housing of the tenants were $155,000; and WHEREAS, the proposed settlement is acceptable to the Township based on the proposed terms set forth in the Release.

NOW, THEREFORE BE IT HEREBY RESOLVED, that the Township be and is hereby authorized to agree to the settlement of the Ron Jolyn Litigation as set forth in the Release substantially in the form annexed hereto as Exhibit “A;” and be it further RESOLVED, that the Mayor be authorized to execute the Release, annexed hereto as Exhibit “A” on behalf of the Township; and be it further RESOLVED, that a copy of this resolution shall be kept on file with Office of the Township Clerk in conformance with all applicable governing law. Karen J. Carnevale, R.M.C. Municipal Clerk Adopted: October 8, 2024 Bill Rutherford Council President

EXHIBIT A

SETTLEMENT AND MUTUAL RELEASE THIS RELEASE, dated _________________, is given BY: the TOWNSHIP OF WEST ORANGE, TO: Ron Jolyn Realty & P S Realty referred to as “You” or “RON JOLYN”. If more than one person signs this Release, “I” shall mean each person who signs this Release. 1. Mutual Release. The TOWNSHIP OF WEST ORANGE and RON JOLYN (collectively, the “Parties”) release and give up any and all claims and rights which the Parties may have against each other. This releases all claims, including those of which the TOWNSHIP OF WEST ORANGE and/or RON JOLYN are not aware and those not mentioned in this Release. This Release applies to claims resulting from anything which has happened up to now. This release encompasses releases of all clams, cross claims, counterclaims, rights to subrogation, and indemnification between TOWNSHIP OF WEST ORANGE and RON JOLYN in all pending litigations including the claims made in ESX-L-2711-23. TOWNSHIP OF WEST ORANGE specifically releases the following claims: Any and all claims arising out of the alleged incidents that occurred on or about September and October 2021, which are the subject of a lawsuit presently pending in the Superior Court of New Jersey, Law Division, Essex County, matter of West Orange v. Ron Jolyn Realty, et al., Docket No. ESX-L-002518-22 and which shall be dismissed with prejudice. The TOWNSHIP OF WEST ORANGE, on its own behalf, and on behalf of each of their past, present and future officers, office holders, employees, representatives, attorneys, agents, and/or assigns of all the foregoing (collectively, for the purposes of this Paragraph, the “Releasors”) hereby fully, finally and forever release and discharge Ron Jolyn Realty & PS Realty as well as each of its past, present and future insurers, reinsurers, officers, directors, stockholders, attorneys, agents, servants, representatives, employees, subsidiaries, parent companies, related and affiliated companies, holding companies, partners, privies, predecessors, successors in interest, and assigns (collectively, for the purposes of this paragraph, the “Releasees”) from any and all claims, demands, causes of action, damages, costs, and compensation of any nature whatsoever including but not limited to all fines and penalties, whether known or unknown, which the Releasors had, now have, or which may hereafter accrue or which the Releasors may otherwise