Township Council Meeting — Packet

161-25 June 24, 2025 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. West Orange PBA Local 25 6.8.25 On Premise 50/50 19 Ralph Rd 7911 West Orange PBA Local 25 6.14.25 On Premise 50/50 640 Prospect Ave 7912 350 Mt. Pleasant Ave 7913 Hemophilia Association of NJ 9.15.2025 Off Premise 50/50 Karen J. Carnevale, R.M.C. Township Clerk Adopted: June 24, 2025 Joe Krakoviak Council President

162-25 June 24, 2025 RESOLUTION WHEREAS, Diana Powell McGovern, Esq. (“McGovern”) of Gaccione Pomaco P.C., responded to the Township’s Request for Qualifications pursuant to a fair and open process for the year 2025 for the position of Planning Board Attorney; and WHEREAS, McGovern and her law firm have agreed to provide professional services for the calendar year 2025, pursuant to the terms and conditions set forth in the agreement annexed hereto as Exhibit “A”; and WHEREAS, the Planning Board has adopted a Resolution approving the retention of McGovern and her firm as Planning Board Attorney; and WHEREAS, pursuant to pursuant to N.J.S.A. 40A:11-5(1)(a)(i), the proposed professional services contract is subject to an exception to the standard bidding procedures set forth in the Local Public Contracts Law; and WHEREAS, the not to exceed amount herein does not include escrow payments which are paid by applicants pursuant to the Municipal Land Use Law and Township Ordinances; and WHEREAS, for calendar date 2024, McGovern and her firm were paid $18,348.50 for escrow work and $14,303.46 for non-escrow work; and WHEREAS, for calendar year 2025 to date, McGovern and her firm have been paid $3,853.82 for non-escrow and $7,234.50 for escrow matters through June 9, 2025;1 NOW, BE IT HEREBY RESOLVED, by the Township Council of the Township of West Orange that the Mayor be and is hereby authorized to execute an agreement, in the form 1 These amounts are in addition to the monthly appearance payment of $583.33 per month or $7,000 per year which is non-escrow.

annexed hereto, to retain McGovern to provide services as Planning Board Attorney at the rates set forth in the agreement annexed hereto as Exhibit “A”; and it is further RESOLVED that for calendar 2025 the non-escrow fees and expenses shall not exceed (“NTE”) $25,000.00; and it is further RESOLVED that notice of this award shall be published and available in the Clerk’s office in accordance with applicable law. Karen J. Carnevale, R.M.C. Municipal Clerk Joe Krakoviak, Council President Adopted: June 24, 2025 I hereby certify funds are available from: Account No. John C. Ditinyak, CFO

AGREEMENT FOR PLANNING BOARD LEGAL SERVICES THIS AGREEMENT made and entered into on this __ June, 2025 and 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 DIANA POWELL McGOVERN, ESQ., Attorney at Law of the State of New Jersey, and her law firm GACCIONE POMACO, P.C., One Boland Drive, Suite 102, West Orange, New Jersey 07052, hereinafter referred to as “COUNSEL,” party of the second part. WITNESSETH THAT: WHEREAS, the Governing Body of the TOWNSHIP has determined to retain the services of COUNSEL to serve in the capacity as Planning Board Attorney; 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 COUNSEL to serve as Planning Board Attorney for the period January 1, 2025 through December 31, 2025 at the following rates not to exceed (“NTE”) $25,000 for non-escrow work: (a) $7,000 per year (prorated) to prepare for and attend all regular meetings of the West Orange Planning Board; (b) $195 per hour to prepare for and attend all special meetings and all other escrow work in accordance with the New Jersey Municipal Land Use Laws and Township Ordinances, to be paid by the applicant; 2. COUNSEL will not seek reimbursement for its routine costs and expenses such as postage, copying, mileage, meals, parking, or delivery of documents.

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 express written approval of the applicable TOWNSHIP Department Head before the extraordinary expense is incurred. 4. COUNSEL’S responsibilities shall include preparation for and attendance at all Planning Board meetings, drafting all resolutions, and all Planning Board related matters. 5. 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 adopts a duly authorized Resolution accompanied by a Certificate of Funds. 6. COUNSEL recognizes that all services rendered are subject to the approval and direction of the Law Department, and that payment for such services is conditioned upon the issuance of a Purchase Order by the Township encompassing the services for which compensation is sought. 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 2 4833-2913-3799, v. 1

be honored or paid by the TOWNSHIP, irrespective of whether such services were actually performed. 8. COUNSEL shall submit detailed invoices to the TOWNSHIP for services rendered each month, with a copy to the Township Attorney, no later than fifteen (15) days subsequent to the close of the month. All invoices submitted by COUNSEL shall set forth with specificity the tasks performed, the attorney performing the tasks, and the amount of time spent on each task. 9. 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. 10. 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. 11. 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. 3 4833-2913-3799, v. 1

IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. TOWNSHIP OF WEST ORANGE ATTEST: Karen J. Carnevale, R.M.C Municipal Clerk Susan McCartney Mayor GACCIONE POMACO P.C. WITNESS: Diana Powell McGovern, ESQ. 4 4833-2913-3799, v. 1

163-25 June 24, 2025 R E S O L U T I O N WHEREAS, on April 9th, 2025, the DPW Director Louis Reynolds dispatched DPW personnel to assess an apparent water main break and it was concluded that it was a force main sewer break along Northfield Avenue into separate locations; and WHEREAS, the DPW Director proceeded to contract Grabowski Construction., Inc. to conduct the necessary repairs to the Township’s sanitary force main; and WHEREAS, pursuant to the Local Public Contracts Law, Emergency Contracts, N.J.S.A. 40A:11.6a the Municipal Engineer was informed via email on April 9th, 2025 notified the Administration of the need to perform an emergency contract for this work; and WHEREAS, it was concluded that to expedite this work to protect public health and safety, an emergency contract was issued to Grabowski Construction., Inc. who was readily available to mobilize and perform the work; and WHEREAS, the Municipal Engineer by letter dated June 16, 2025 recommends paying the costs of this emergency work; and WHEREAS, Grabowski Construction., Inc submitted invoice dated June 10, 2025 for the emergency repair of the force main sewer breaks at two locations in the amount of $42,332.06; and WHEREAS, sufficient funds exist for this work; and WHEREAS, the Township Council concurs in the foregoing. NOW THEREFORE BE IT RESOLVED by the Township Council of the Township of West Orange that an emergency appropriation in the amount not to exceed $42,332.06 is authorized to Grabowski Construction., Inc. for emergency at Northfield Avenue to repair the force main sewer break. BE IT FURTHER RESOLVED that this work was performed pursuant to the provisions of the

Local Public Contracts Law, Emergency Contracts, N.J.S.A. 40A:11-6 as the work was required to protect public health and welfare. ______________________________________ Karen J. Carnevale, R.M.C. Municipal Clerk ____________________________________ Joe Krakoviak Council President I certify funds are available for this work Account No.__________________________ $42,332.06 Capital Budget ________________________________ John C. Ditinyak, Chief Financial Officer Adopted: June 24, 2025

Zayibeth Carballo From: Sent: To: Subject: Louis Reynolds Wednesday, April 9, 2025 10:39 AM Zayibeth Carballo 745 Northfield Ave Follow Up Flag: Flag Status: Flag for follow up Flagged At 7:20 am this morning. A call was made to me about an apparent water main break at this location. DPW personnel were dispatched to investigate the situation. Turns out , it is a sewer force main break. DPW sewer crew were dispatched. Along with a call I made to Grabowski construction contractors. Contractor responded in 15 minutes. To assess the situation. Called in emergency markouts . DPW sewer supervisior was asked to call Rapid pump for two Vactor tank trucks . To abate and relieve the high flow of sewer water discharge . As many areas of sewer water collection are directed to this force main . This process , is still in the works . In affording repairs . Louis Reynolds, CPWM Director of Public Works Township of West Orange 25 Lakeside Avenue West Orange. NJ 07052 Office 973-325-4067 Lreynolds@westorange.org www.westorange.org T he lin ke d im ag e ca nn ot T he lin ke d im ag e ca nn ot T he lin ke d im ag e ca nn ot Please consider the environment before you print this email America, Land of the Free, Because of the Brave! Confidentiality Notice: This e-mail contains information from theTownship of West Orange. It is intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. Dissemination, distribution or copying of this e-mail or the information contained within it by anyone other than the intended recipient or an employee or agent responsible for delivering the message to the intended recipient is prohibited. If you have received this e-mail in error, please call 973-325-4067 and destroy the original message and all copies. 1