Township Council Meeting — Packet

169-25 July 22, 2025 RESOLUTION WHEREAS, on July 9, 2024, the Township of West Orange adopted Resolution 2023-24 granting a local license to operate a Cannabis Retail Business to The Library of New Jersey Inc. operating at the property located at: Block 120.01, Lot 24, commonly known as 1-3 Washington Street, West Orange, New Jersey (the “Location”); and WHEREAS, the local license granted to The Library of New Jersey Inc. was for a term of one (1) year; and WHEREAS, The Library of New Jersey Inc. submitted a renewal application for its local license to the Office of the Township Clerk seeking an additional one (1) year license to operate a cannabis retail business within the Township; and WHEREAS, The Library of New Jersey Inc. is finalizing the renovations at the Location and hope to begin operations within the new few months; and WHEREAS, The Library of New Jersey Inc. has advised that there are no changes in its renewal application from its initial application for a local license. NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of West Orange, County of Essex, State of New Jersey, hereby determines to be in the best interests of the Township, as follows: 1. The above recitals are incorporated as though set forth at length herein. 2. The renewal application of The Library of New Jersey Inc for a local license to operate a cannabis retail business within the Township at the property located at: Block 120.01, Lot 24 (commonly known as 1-3 Washington Street, West Orange, New Jersey), is in

compliance with the Township's local regulations on cannabis businesses, and is hereby approved. 3. The Library of New Jersey Inc’s Renewal License shall be effective as of July 9, 2025 consistent with the date of its initial local license. 4. The Township Clerk shall promptly provide The Library of New Jersey Inc. and the New Jersey Cannabis Regulatory Commission with a certified copy of this Resolution. Karen J. Carnevale, R.M.C. Township Clerk Joe Krakoviak Council President Adopted: July 22, 2025 2

170-25 July 22, 2025 RESOLUTION TO INCREASE PUBLIC BIDDING THRESHOLD WHEREAS, the public bidding threshold for Municipal Contracting Units is adjusted every five years by the State Governor in conjunction with the Department of Treasury; and WHEREAS, the Township of West Orange “Township” desires to take advantage of the increased bid threshold to expeditiously purchase goods and services which ultimately saves the Township time and money; and WHEREAS, pursuant to the provisions of the Local Public Contracts Laws N.J.S.A. 40A:11-3, as authorized by the New Jersey State Treasurer, effective July 1, 2025 the Township can increase its Public Bidding threshold from $44,000.00 to $53,000.00 if the Township has a Qualified Purchasing Agent; and WHEREAS, through resolution, Panayiota Reynolds is designated a Qualified Purchasing Agent with certificate Q-2257 as issued by the Director of the Division of Local Government Services in accordance with N.J.A.C. 5:34-5 et seq. and N.J.S.A. 40A:11-3 and is authorized to award up to the bid threshold. NOW, THEREFORE BE IT RESOLVED, by the Council of the Township of West Orange, in the County of Essex, in the State of New Jersey hereby increases its public bidding threshold to $53,000.00. Karen J. Carnevale, R.M.C. Township Clerk Adopted : July 22, 2025 Joe Krakoviak, Council President

171-25 July 22, 2025 RESOLUTION WHEREAS, Savo Schalk Corsini, Warner, Gillespie, O’Grodnick & Fisher, P.A. (“Savo”) responded to the Township’s Request for Qualifications pursuant to a fair and open process for the year 2025 for appointment as Zoning Board Attorney; and WHEREAS, Counsel has 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 Zoning Board has adopted a Resolution approving the retention of Savo as Zoning 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 Savo was paid $21,826.75 for escrow work and $49,731.53 for non-escrow work which was premised on certain active prerogative writ litigation in the Superior Court of New Jersey due to the Board’s rejection of certain land use applications; and WHEREAS, for calendar year 2025 to date, Savo has been paid $22,765.40 for escrow and $6,825.00 for non-escrow matters through June 30, 2025;1 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.

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 annexed hereto, to retain Counsel to provide services as Zoning 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”) $50,000; and it is further RESOLVED that notice of this award shall be available in the Clerk’s office in accordance with applicable law. Karen J. Carnevale, R.M.C. Township Clerk Joe Krakoviak, Council President Adopted: July 22, 2025 I hereby certify funds are available from Account No.: John Ditinyak, Chief Financial Officer

171-25 AGREEMENT FOR ZONING BOARD LEGAL SERVICES THIS AGREEMENT made and entered into on this 22nd day of July, 2025 by 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 STEVEN K. WARNER, ESQ. of SAVO, SCHALK, CORSINI, WARNER, GILLESPIE, O’GRODNICK & FISHER, P.A., Attorney at Law of the State of New Jersey, located at 56 E. Main Street, Suite 301, Somerville, New Jersey 08876, hereinafter referred to as “COUNSEL,” party of the second part. WITNESSETH THAT: WHEREAS, the Zoning Board of Adjustment (“BOARD”), pursuant to N.J.S.A. 40:55D-71, and the Governing Body of the TOWNSHIP have determined that it is in the best interests of the Zoning Board and the TOWNSHIP to retain the services of COUNSEL to serve in the capacity as Zoning 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 Zoning Board Attorney for the period January 1, 2025 through December 31, 2025. 2. The rate for attendance at special meetings requested by an applicant is $750 per meeting. Any preparatory or post-meeting services including but not limited to drafting the Board resolution shall be charged at $195 per hour. These services shall be paid from the escrow established by the applicant.

3. The annual rate for attendance at all regular meetings and services related to the regular meetings is $7,000 per year. This shall only apply to non-escrow time spent during the meeting and all required preparation and post-meeting work related thereto. 4. The maximum amount for non-escrow services shall not exceed (“NTE”) $50,000 for calendar year 2025. The hourly rate for all litigation related to decisions of the Zoning Board of Adjustment is $195 which shall be paid by the Township. 5. 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. 6. COUNSEL’S responsibilities shall include preparation for and attendance at all Zoning Board meetings, drafting all resolutions, and all Zoning Board related matters. 7. 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 beyond the service contemplated herein. The TOWNSHIP shall not unreasonably withhold or delay its prompt approval for the payment of services rendered in this engagement. 8. 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. The TOWNSHIP shall not unreasonably withhold or delay the prompt approval and payment to COUNSEL for services rendered and the issuance of the requisite 2 4822-9051-9271, v. 1

purchase orders for same. All payments shall be made by the TOWNSHIP within sixty (60) days of receipt of invoices from COUNSEL unless a legitimate discrepancy exists as to whether the services billed were authorized. 9. COUNSEL is hereby placed on notice that the Billing Guidelines of the TOWNSHIP shall apply where applicable 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. Nothing contained herein shall preclude the Zoning Board of Adjustment from requesting services of COUNSEL which services, if reasonably requested and performed, shall be paid in accordance herewith, subject to the not to exceed amount set forth herein unless extended hereinafter. 10. COUNSEL shall submit detailed invoices to the TOWNSHIP for services rendered each month, with a copy to the Township Attorney, no later than thirty (30) 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. 3 4822-9051-9271, v. 1

11. 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. 12. 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. 13. 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. 14. The BOARD or COUNSEL may terminate this Agreement on thirty (30) days written notice. 15. COUNSEL reserves the right to utilize any other land use experienced attorney at the Savo firm to fulfill any of the services contemplated hereunder on the same terms set forth herein. 4 4822-9051-9271, 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: By: KAREN J. CARNEVALE, R.M.C SUSAN McCARTNEY, MAYOR SAVO, SCHALK, CORSINI, WARNER, GILLESPIE, O’GRODNICK & FISHER, P.A., Attorneys for Zoning Board of Adjustment Township of West Orange WITNESS: By: STEVEN K. WARNER, ESQ. 5 4822-9051-9271, v. 1