Township Council Meeting — Packet

Downtown West Orange Alliance 2025 Budget 23-25 REVENUE Projected 2025 SID Assessments $ 135,000.00 Township Contribution Cash $ 65,809.00 Township Contribution In-Kind $ 28,000.00 Funds Carried Forward $ 5,000.00 Fall Fundraiser $ 5,000.00 Fundraising (Promotional Events) $ 30,000.00 Additional Community Support from Twp West Orange $ 20,000.00 Interest Income $ 100.00 Total Revenue $ 288,909.00 Township Contribution In-Kind $ (28,000.00) Total Revenue without In-Kind $ 260,909.00 EXPENSES Projected 2025 Total Office Operations $ Total In Kind $ Economic Development $ Insurance & Professional Services $ Marketing & Promotions $ Organization $ Visual Improvement $ 117,000.00 28,000.00 3,909.00 5,000.00 64,250.00 6,600.00 64,150.00 Total Expenses $ In-Kind $ 288,909.00 (28,000.00) Total Expenses $ 260,909.00

24-25 January 6, 2025 RESOLUTION TO RETAIN COUNSEL FOR A POSSIBLE MUNCIPAL OFFICER “REMOVAL FOR CAUSE” WHEREAS, the Township of West Orange is a municipal corporation of the State of New Jersey, duly established and operating as a Faulkner Act Mayor-Council form of government; and WHEREAS, the Township Council has determined that it is in the best interests of the municipal government and its residents to consider and potentially pursue the removal of a Municipal Officer for cause pursuant to N.J.S.A. 40:69A-36(e) and § 2-7.3. Removal, of the West Orange Municipal Code; and WHEREAS, when a Municipal Officer and Council are adversaries in the same litigation, each requires their own counsel to avoid conflicts and as stated by the New Jersey Supreme Court in the case of Municipal Council v. James, 183 N.J. 361 (2005); and WHEREAS, the Township Council of the Township of West Orange has determined by vote taken in an open public meeting to retain the legal services of Stephen E. Trimboli, Esq., and his firm, The Chilla Business Counsel, LLC, 268 South Street, Morristown, N.J., 07960, to represent its interests and provide legal advice with respect to this matter; and WHEREAS, the terms of such representation are set forth in an Agreement Regarding Legal Services (“the Agreement”) dated and attached hereto together with letter of transmittal of the same date as Exhibit “A”, which provide for a cap or not to exceed amount of $17,499.00, any expenditure beyond which amount requires Council approval; and WHEREAS, the Township Council of the Township of West Orange wishes to authorize the Council President to execute the Agreement on behalf of the Township Council subject to confirmation of available funds by the Township’s Chief Financial Officer; and NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF WEST ORANGE, that Stephen E. Trimboli, Esq., and the firm of The Chilla Business Counsel, LLC, be and hereby are retained by the Township Council to serve as its legal counsel represent that governing body with respect to consideration of and the potential removal of municipal officers for cause pursuant to N.J.S.A. 40:69A-36(e) and § 2-7.3. Removal, of the West Orange Municipal Code, the terms of retention including a cap or not to exceed amount of $17,499.00 without further approval by the Council; and it is

FURTHER RESOLVED that the President of the Township Council be and hereby is authorized to execute the aforesaid retention agreement in the form and substance as attached in Schedule “A” on behalf of the Township Council and subject to confirmation of availability of funds by the Township’s Chief Financial Officer. _______________________________ Karen J. Carnevale, R.M.C. Municipal Clerk _____________________________________ Joe Krakoviak, Council President Adopted: January 6, 2025 I hereby certify funds available from Account No.: John Ditinyak, Chief Financial Officer

24-25 AGREEMENT THIS AGREEMENT, made and entered into this 6th day of January, 2025, by and between Stephen E. Trimboli, Esq., of The Chilla Business Counsel, LLC, with offices located at 268 South Street, Morristown, New Jersey, (hereinafter called the “Attorney”) and the Township Council of the Township of West Orange, New Jersey (hereinafter called the “Council”). WHEREAS, the Council has engaged the Attorney to render certain professional services and desires to memorialize in writing the terms of said agreement; and WHEREAS, the Attorney shall provide services under terms of the Agreement hereinafter specified. NOW, THEREFORE, the parties hereto do agree as follows: 1. The Attorney agrees to provide the Council with professional legal services, as special counsel to provide advice and representation with respect to the consideration and the potential removal of Municipal Officers for cause pursuant to N.J.S.A. 40:69A-36(e) and § 2-7.3, Removal, of the West Orange Municipal Code, at the rate of $200.00 per hour and $115.00 per hour for paralegals and law clerks. 2. The services referred to in Paragraph 1 are to be provided commencing January 1, 2025, for a period of 12 months, not to exceed $17,499.00 without Council approval. 3. The Attorney shall be reimbursed for all necessary disbursements incurred in the course of performing legal services under the Agreement. 4. In the event Stephen E. Trimboli, Esq., of the firm of The Chilla Business Counsel, LLC, is unable to perform services due to scheduling conflicts, vacation, or illness, then it is agreed that another partner or associate of said firm will provide such services in accordance

with the terms of the Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement the date and year first above written. ATTEST: THE CHILLA BUSINESS COUNSEL, LLC. Kamilah A. Massaquoi Stephen E. Trimboli, Esq. DATED: DATED: ATTEST: TOWNSHIP COUNCIL OF TOWNSHIP OF WEST ORANGE Joe Krakoviak, Council President DATED: DATED: 2 THE

25-25 January 6, 2025 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 January 6, 2025 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. () 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. (X) 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 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): A matter of Personnel for the purpose of conducting an interview with Stephen E. Trimboli, Esq., The Chilla Business Counsel, LLC - Labor Attorney (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 January 6, 2025. Motion: Joe Krakoviak Second: Susan Scarpa Vote Aye: 5 Opposed: 0 Karen J. Carnevale, R.M.C. Municipal Clerk Adopted: January 6, 2025 Joe Krakoviak Council President

2888-25 AN ORDINANCE AMENDING CERTAIN TERMS IN CHAPTER 5 SECTION 35 OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF WEST ORANGE BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE TOWNSHIP OF WEST ORANGE, NEW JERSEY that Chapter 5 hereby is and amended and supplemented to incorporate changes of the term “sexual preference” to “sexual orientation, gender identity, and gender expression” as follows: I. CHAPTER 5, SECTION 35.4 BE AND HEREBY IS AMENDED AS FOLLOWS: § 5-35.4—Permit Required, Nondiscrimination: a. No event as defined in this section shall be advertised or held unless a permit for such event has been issued. b. In granting or denying permits, the Township will not discriminate on the basis of age, sex, gender identity, gender expression, sexual orientation, race, creed, religion, or national origin the content of the speech or the identity of the speaker(s). II. CHAPTER 5, SECTION 35.18 BE AND HEREBY IS AMENDED AS FOLLOWS: § 5-35.18— Special Event Miscellaneous Provisions. a. The Business Administrator shall not process more than one special event permit for any one twenty-four-hour period (12:01 a.m. to 12:00 midnight) unless approved by the Mayor or his/her designee. Where more than one special event application is received for the same date, the application received first will be considered first and the subsequent applicant will be notified to reschedule due to the conflicted date. b. No permit shall be issued to any applicant who unlawfully discriminates based on age, sex, gender identity, gender expression, sexual orientation, race, creed, religion, or national origin for an event sponsored by an organization which so discriminates. All applicants shall submit to the Business Administrator's office a sample of any and all advertisements for said event, at least 14 days prior to said event and as they occur in the days leading up to the event. III.SEVERABILITY, REPEALER, AND EFFECTIVE DATE: a. Severability—Each section, subsection, sentence, clause and phrase of this Ordinance is declared to be an independent section, subsection, sentence, clause 1

and phrase, and the finding or holding of any such portion of this Ordinance to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this Ordinance. b. Repealer—All other ordinances or parts of ordinances inconsistent with this section are hereby repealed. c. Effective Date—This Ordinance shall be in full force and effect from and after its adoption and any publication as required by law. 2

Legislative History The Township of West Orange has amended certain outdated terms such as “sexual preference” and has replaced the same with sexual orientation, gender identity, and gender expression. 3