Township Council Meeting — Packet

66-25 AGREEMENT FOR NON-COMMERCIAL REAL ESTATE TAX APPEAL SERVICES THIS AGREEMENT made and entered into on this 28th day of January, 2025 by and Deleted: ____ Formatted: Superscript between the TOWNSHIP OF WEST ORANGE, a municipal corporation of the State of New Jersey, located at Town Hall, 66 Main Street, West Orange, County of Essex and State of New Jersey, hereinafter called the “TOWNSHIP,” party of the first part, and EDWIN MATTHEWS, ESQ. of BOURNE NOLL & KENYON (“Bourne Noll & Kenyon”), Attorneys at Law of the State of New Jersey, located at 382 Springfield Avenue, Summit, New Jersey 07901, hereinafter referred to as “COUNSEL,” party of the second part. WITNESSETH THAT: WHEREAS, the Governing Body of the Township has determined that it is in the best interests of the Township to retain the services of Special Counsel to represent the Township in connection with residential real estate tax appeals on a flat fee basis; NOW, THEREFORE, in consideration of the mutual promises, terms and conditions hereinafter set forth, the parties hereto agree as follows: 1. The Township hereby retains the services of Bourne Noll & Kenyon, as Special Counsel to assist the Township in connection with residential real estate tax appeals for the period January 1, 2025 through December 31, 2025 at a flat fee of $3,250 per month plus an Formatted: Font: Bold additional $500 per Tax Board Hearing in excess of five (5) for the term of this Agreement. Any non-residential appeals, including commercial appeals shall be billed at $150 per hour for attorney time, and $110 per hour for paralegal time. 2. COUNSEL will not seek reimbursement for its routine costs and expenses such as postage, copying, mileage, meals, parking, or delivery of documents. Deleted: .

3. COUNSEL may seek reimbursement for extraordinary expenses such as the cost of deposing adverse witnesses, transcripts or hiring experts. Counsel will not incur any such expenses without the approval of the Township Attorney. 4. COUNSEL’S responsibilities shall include all pre-trial preparation, discovery and trial, to the extent necessary, for all residential real estate tax appeals pending or commenced in the Tax Court of New Jersey against the Township and preparation and appearance for matters pending or commenced at the Essex County Board of Taxation. 5. COUNSEL shall coordinate all efforts with the Tax Assessor and keep the Tax Assessor and Township Attorney fully apprised concerning all matters. 6. COUNSEL recognizes that any and all approval for engagement of services must come from the Governing Body of the Township, and that no services, work or any efforts relative to the contract shall be commenced until the Governing Body passes a duly authorized Resolution accompanied by a Certificate of Funds. 7. COUNSEL is hereby placed on notice that the Billing Guidelines of the Township shall apply to this agreement for professional services. COUNSEL is further noticed that no Department Head, individual member of the Governing Body, or any agent, servant or employee of the Township possesses any lawful authority to: (a) engage the rendition of services or the performance of work; (b) authorize the continuation of services or work beyond the amount specifically approved in the Resolution and Certificate of Funds; or to (c) represent that future funds will be available as compensation for current services. Any such acts shall be deemed ultra vires and beyond the scope of any authority that individual may possess. No bills, statement or vouchers for any amount exceeding that originally approved will be honored or paid by the Township, irrespective of whether such services were actually performed. 2 4837-7984-9702, v. 1

8. During the term of this agreement, COUNSEL shall maintain professional liability malpractice insurance coverage with an insurance company licensed and authorized to do business in the State of New Jersey with coverage not less than $1,000,000. COUNSEL shall provide the Township Attorney and Municipal Clerk with proof of a valid certificate of insurance listing the TOWNSHIP as a certificate holder. To the extent that this insurance coverage is scheduled to lapse at any time before the end of the contract, COUNSEL shall provide proof of renewal or new insurance coverage no later than thirty (30) days before the termination of the current coverage. 9. The provisions of this agreement are subject to the limitations of provisions of the New Jersey Tort Claim Act, N.J.S.A. 59:2-1 et seq., and the New Jersey Contractual Liability Act, N.J.S.A. 59:13-1 et seq. 10. This agreement shall be governed by the laws of the State of New Jersey without regard to principles of conflict of laws. All contract claims under this agreement shall be subject to and governed by the provisions of the New Jersey Contractual Liability Act (N.J.S.A. 59:13-1 et seq. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. TOWNSHIP OF WEST ORANGE ATTEST: By: KAREN J. CARNEVALE, R.M.C SUSAN McCARTNEY, MAYOR Dated: Dated: 3 4837-7984-9702, v. 1

WITNESS: BOURNE NOLL & KENYON By: EDWIN R. MATTHEWS, ESQ. For the Firm Dated: Dated: 4 4837-7984-9702, v. 1

67-25 January 28, 2025 A RESOLUTION APPROVING THE DEPARTMENT OF COMMUNITY AFFAIRS CALCULATION OF REGIONAL NEED FOR AFFORDABLE HOUSING FOR FOURTH ROUND OBLIGATION WHEREAS, pursuant to N.J.S.A. 52:27D-301 et seq., the New Jersey Department of Community Affairs (“Department”) conducted a calculation of regional need and municipal present and prospective obligations in accordance with the formulas established in sections 6 and 7 of P.L. 2024, c.2; and WHEREAS, the Department calculated a statewide allocation consisting of a present need of 65,410 and a prospective need of 84,698 for a total of 150,108 affordable housing units; and WHEREAS, the Department calculated a present need of 409 affordable housing units and prospective need of 660 affordable housing units for West Orange Township, Essex County, State of New Jersey for the fourth round; and WHEREAS, West Orange Township’s third round obligation consisted of a present need of 305 affordable housing units and a prospective need (Third Round (1999-2025) Obligation, as adjusted through the settlement agreement) of 954 affordable housing units; and WHEREAS, on May 6, 2020 West Orange Township executed a settlement agreement regarding affordable housing in the matter docketed In re Township of West Orange, docket no. ESX-L-4697-15; and WHEREAS, the West Orange Township requested and received a vacant land adjustment resulting in a realistic development potential (RDP) of 421 affordable housing units and an unmet need of 533 affordable housing units; and WHEREAS, West Orange Township continues to lack sufficient resources to address the 660 prospective need and will continue to seek a vacant land adjustment; and WHEREAS, West Orange Township has reviewed the fourth round of affordable housing obligations, calculations in the report and calculations prepared by the Department; and

WHEREAS, West Orange Township accepts the present need of 409 and the prospective need of 660; and WHEREAS, the Department has given each municipality until January 1, 2025 to adopt binding municipal resolution accepting their prescribed obligation numbers, or alternatively describe why the numbers provided should be adjusted and what the adjusted number should be; and NOW THEREFORE BE IT RESOLVED that the Governing Body of West Orange Township, Essex County, State of New Jersey, hereby accepts the Department’s calculation consisting of a present need of 409 and the prospective need of 660 for its fourth-round obligation; and BE IT FURTHER RESOLVED that West Orange Township will rely on its previous court approved vacant land adjustment towards addressing the fourth-round prospective need of 660; and BE IT FURTHER RESOLVED that the Governing Body of West Orange Township pursuant to the provisions of N.J.S.A. 52:27D-301 et seq. submits this binding establishing a present need of 409 and the prospective need of 660 for its’ fourth-round obligation. BE IT FURTHER RESOLVED, that a copy of this Resolution shall be made available in the Clerk’s office in accordance with applicable law. Karen J. Carnevale, R.M.C. Municipal Clerk Adopted: January 28, 2025 4823-5394-8118, v. 1 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. SUSAN MCCARTNEY, MAYOR JOE KRAKOVIAK, COUNCIL PRESIDENT KAREN J. CARNEVALE, R.M.C. MUNICIPAL CLERK INTRODUCED: January 6, 2025 ADOPTED: January 28, 2025 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

2889-25 AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 7, TRAFFIC, SUBSECTION 7-29.1, SPEED LIMITS, GENERAL, OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF WEST ORANGE BE IT ORDAINED, by the Township Council of the Township of West Orange, in the County of Essex, State of New Jersey, that the Speed Limit on Kelly Drive a Township Road, be established at 25 miles per hour, which will result in a consistent speed limit for residential neighborhoods pursuant to N.J.A.C. 5:21-4.20 and N.J.S.A. 39:4-8(b) as follows: Section 1. The Township Council of the Township of West Orange finds it in the interest of public safety to establish a Speed Limit of 25 Miles per hour on K e l l y D r i v e between Mount Pleasant Avenue (N.J. Route 10) and Haggerty Drive, a Township Road, pursuant to N.J.A.C. 5:21-4.20 and N.J.S.A.39:4-8(b). Section 2 . Subsection 7-29.1, Speed Limits, General, of the Revised General Ordinances of the Township of West Orange is hereby supplemented and amended as follows pursuant to the provisions of N.J.S.A. 39: 4-197 (1a) (italic type denotes deletion, bold type denotes addition): Name of Street Direction Speed Limit Location Kelly Drive Both 25 MPH From Mount Pleasant Avenue to Haggerty Drive Section 3. If any provisions of the Ordinance or application thereof, under any circumstances, is held invalid, the invalidity shall not affect any of the provisions or applications of this Ordinance that can be given effect without the valid provision(s) or application and to this end, the provisions of the Ordinance are severable. Section 4. All Other Ordinances or parts of Ordinances inconsistent with this Ordinance