Township Council Meeting — Packet

Karen J. Carnevale, R.M.C., Municipal Clerk Bill Rutherford, Council President Adopted: October 8, 2024 I hereby certify funds are available from Account No.: John Ditinyak, Chief Financial Officer

291-24 October 8, 2024 RESOLUTION WHEREAS, the following charitable organization(s) have applied for a Raffle License which raffle is to be conducted within the Township of West Orange, NOW THEREFORE, BE IT RESOLVED by the Township Council of the Township of West Orange, that the Municipal Clerk is hereby authorized to issue a license to conduct a raffle by the following organization (s) at the place (s) and time(s) set opposite their respective name(s): Organization Type of Event/Date Place RL No. PBA Local 25 WO Civic Association 10.1.24 Off Premise 50/50 623 Eagle Rock Ave. 7886 St. Joseph RC Church 1.25.25, 2.22.25, 3.29.25, 4.26.25, 5.31.25, 6.28.25, 7.26.25, 8.30.25, 9.27.25, 10.25.25, 11.29.25, 12.27.25 Off Premise Cash 44 Benvenue Ave. 7887 Karen J. Carnevale, R.M.C. Municipal Clerk Adopted: October 8, 2024 Bill Rutherford Council President

292-24 October 29, 2024 UPDATED 10/2/2024 RESOLUTION 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” WHEREAS, RNC Developers Inc., (“Developer”) entered into a Developer’s Agreement with the Township of West Orange (“Township”) by Resolution No. 18-09 dated January 20, 2009; and WHEREAS, a cash performance bond in the amount of $178,620.00 was submitted to the Township by the Developer to guarantee completion of certain site improvements to be performed in accordance with the preliminary and final major subdivision approval from the Planning Board of the Township and said approval was memorialized by resolution adopted by the Board on August 7, 2003; and WHEREAS, the Township Engineer has determined that the public improvements associated with this project have been completed; and WHEREAS, the Township Engineer recommended a Maintenance Bond in the amount of $117,964.44, and for the time period of two (2) years from the date of acceptance of the improvements by the Township; and WHEREAS, the Township Engineer recommends that a payment to the Township of $23,275.00 be accepted from the Developer to be used solely for the planting of trees that, with the consent of the respective property owners, were not planted in the development; and WHEREAS, the Developer commenced certain litigation captioned RNC Developers Inc. v. Township of West Orange in the Superior Court of New Jersey, Law Division: Essex County, Docket No. ESX-L-1577-24 (the “Litigation”) which was settled subject to the Council approval of the terms set forth in this Resolution. NOW THEREFORE BE IT RESOLVED by the Township Council of the Township of West Orange, in the County of Essex and State of New Jersey, as follows: 1. All the public improvements within the rights of way of 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, ESSEXCOUNTY, NEW JERSEY” and filed in the office of the Clerk of Essex County on July 30, 2007 as Filed Map No. 4518 are, as of December

2.29, LOT 40.02, COLONIAL WOODS NORTH, TOWNSHIP OF WEST ORANGE, ESSEXCOUNTY, NEW JERSEY” and filed in the office of the Clerk of Essex County on July 30, 2007 as Filed Map No. 4518 are, as of December 6, 2023, hereby accepted by the Township of West Orange.

2. A cash Maintenance Bond in the amount of $117,964.44 and Tree Payment in the amount of $23,275.00 shall be deducted from the cash bond currently held by the Township in the amount of $178, 620.00. The Maintenance Bond will be held until December 5, 2025 in accordance with N.J.S.A. 40:55D-53(a)(2)(b). 3. Therefore, the performance bond’s remaining balance of $37,380.56 is hereby released to RNC Developers, Inc. 4. The Litigation shall be resolved by dismissal of Plaintiff’s claims with prejudice and the Township’s counterclaim without prejudice and the payment of $20,000 to RNC in accordance with N.J.S.A. 40:55D-53(e)(2). The Developer asserts a balance of $7,699.20 remains in its inspection escrow accounts. The Developer will provide cancelled checks or other documents to support it’s claim to these funds. If the matter is not amicably resolved, the Court retained jurisdiction to resolve the inspection escrow amount by letter submissions. BE IT FURTHER RESOLVED that the Township Clerk is hereby directed to transmit certified copies of this resolution to the following individuals and entities RNC Developers Inc. , Township Engineer, Chief Financial Officer, and Township Attorney. Karen J. Carnevale, R.M.C., Municipal Clerk Bill Rutherford, Council President Adopted: October 29, 2024 I hereby certify funds are available from Account: $57,380.56 John Ditinyak, Chief Financial Officer 2

293-24 October 8, 2024 RESOLUTION TO AUTHORIZE THE ROOFING REPAIR THROUGH THE EDUCATIONAL SERVICES COMMISION OF NJ COOPERATIVE FOR THE ROCK SPRING GOLF COURSE WHEREAS, the Department of Public Works (DPW) is looking to repair the roof at Rock Spring Golf Course, for the golf cart and equipment storage garage; and WHEREAS, as a local government unit and a member of the Educational Services Commission of NJ Cooperative (ESCNJ), can purchase such items, pursuant to the provision made in the Local Public Contracts Law N.J.S.A. 40A:11-5(2), without public advertising for such goods or services, through contracts already secured by the United States of America, the State of New Jersey, County or Municipality thereof; and WHEREAS, the vendor Fox Fence located 417 Crooks Avenue, Clifton, NJ 07011 is under contract with Roofing repair and maintenance services, Bid ESCNJ 23/24-230, Co-op #65MCESCCPS in the amount of $18,760.00 (see Exhibit A). NOW, THEREFORE BE IT RESOLVED, by the Municipal Council of the Township of West Orange who hereby authorizes the Purchasing Agent, on behalf of the Township, to issue and execute a Purchase Order for $18,760.00 to Fox Fence with funds certified available by the Chief Financial Officer. Karen J. Carnevale, Municipal Clerk Bill Rutherford, Council President Adopted: October 8, 2024 I hereby certify funds available: Account No. 03-2661-21-0400-110 John C. Ditinyak, Chief Financial Officer

293-24 Exhibit “a”

FOX ERNGE All types of Gates, Manual & Electric Steel Bollards with Plastic Covers Aluminum & sise! Omamental Fence "Tennis Court Fence & Screening Baseball Baclstops Trash Enclosures DOT Chain Link Fence ‘Tnrnstiles, Manual & Electric Highway Guardrail, Steel or Timber PVC-Vinyl Fence, All colors High Rise Railing Wood Fence New Jersey State Approved Co-op #65MCESCCPS NJ Contractors License No. 13¥H02534400 ESCNJ 20/21-37 Fencing Purchase Installation and Repair Roofing Repair and Maintenance Services- Bid HESCNJ 23/24-230 US Homeland Security Approved Fence Contractor (TWIC) September 13, 2024 West Orange DPW 25 Lakeside Ave West Orange NJ Phone: 973 725 8774 Email: Lou Reynolds LReynolds@westorange.org Description: Scope of work for roof repair Remove existing water damaged roof material Replace water damaged plywood subsirate Install underlayment felt barrier for moisture protection Tastall roof shingles to match existing product as best as possible. Install dip edge prior shingling CLEAN all project-related debris. Materials and Labor $18,760.00 Thank you; Wilby Tapia, INDUSTRIAL & COMMERCIAL ESTIMATOR ia@foxfen: terprisesinc.com Accepted by: Job Site: 345 Northfield Ave West Orange NJ Print Name: A DIVISION OF ROSANDO FENCE CO,, INC MORE THAN 70 YEARS Date: Serving New Jersey, Eastern Pennsylvania, Northern New York & the 5-Boroughs of NYC 417 CROOKS AVE CLIFTON Nj, 07011 Phone: 973-779-9592 Tax: 973-340-3935 Email: fxfence417@aol.com

TOWNSHIP OF WEST ORANGE COUNTY OF ESSEX, STATE OF NEW JERSEY ORDINANCE NUMBER 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 BE IT ORDAINED AND ENACTED BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF WEST ORANGE, IN THE COUNTY OF ESSEX, STATE OF NEW JERSEY (not less than two-thirds of all the members thereof affirmatively concurring), AS FOLLOWS: SECTION 1. The improvements or purposes described in Section 3 of this bond ordinance are hereby authorized as general improvements or purposes to be undertaken by the Township of West Orange, in the County of Essex, State of New Jersey (the “Township”). For the said improvements or purposes stated in Section 3, there is hereby appropriated the amount of $2,000,000, said amount being inclusive of $96,000 as the amount of down payment for said improvements or purposes as required by the Local Bond Law, N.J.S.A. §40A:2-1 et seq. (the “Local Bond Law”). The down payment is now available by virtue of a provision or provisions in a previously adopted budget or budgets of the Township for down payment or for capital improvement purposes. SECTION 2. For the financing of said improvements or purposes described in Section 3 hereof and to meet the part of said $2,000,000 appropriation not provided for by application hereunder of said down payment, negotiable bonds of the Township are hereby authorized to be issued in the principal amount not exceeding $1,904,000 pursuant #14581359.1 168182.010

to, and within the limitations prescribed by, the Local Bond Law. In anticipation of the issuance of said bonds and to temporarily finance said improvements or purposes, negotiable notes of the Township in the principal amount not exceeding $1,904,000 are hereby authorized to be issued pursuant to, and within the limitations prescribed by, said Local Bond Law. SECTION 3. (a) The improvements hereby authorized and purposes for the financing of which said obligations are to be issued are for road, sidewalk and sewer improvements and repairs throughout the Township, including but not limited to, Valley Road (from Kingsley Street to Northfield Avenue), Carlson Road, and Colonial Woods Drive. Such improvements or purposes include, but are not limited to, as applicable, demolition and excavation, milling, paving, resurfacing and reconstruction of the roadway, roadway painting and striping, the repairing and/or removal and installation of sidewalks, driveway aprons, curbing, retaining walls and curb ramps, guardrails, road shoulders, gutters, storm drains, and concrete improvements, and all other related improvements, design work, preparation of plans and specifications, permits, bid documents, contract administration, work, materials, equipment, accessories, labor and appurtenances necessary therefor or incidental thereto. (b) The estimated maximum amount of bonds or notes to be issued for said improvements or purposes is $1,904,000. (c) The estimated cost of said improvements or purposes is $2,000,000, the excess amount thereof over the said estimated maximum amount of bonds or notes to be issued therefor is the amount of $96,000 appropriated for the down payment for said improvements or purposes. 2 #14581359.1 168182.010