Township Council Meeting — Packet

180-25 July 22, 2025 RESOLUTION REQUESTING APPROVAL OF ITEMS OF REVENUE AND APPROPRIATION NJS 40A:4-87 WHEREAS, NJS 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item shall have been made available by law; and WHEREAS, the Director may also approve the insertion of an item of appropriation for equal amount, NOW, THEREFORE, BE IT RESOLVED, that the Township Council of the Township of West Orange in the County of Essex, in the State of New Jersey, hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2025 in the sum of $155,437.29, which is now available from the Design Phase award of the 2023 Transportation Alternative Grants (TAP) Washington Street Corridor Phase II; BE IT FURTHER RESOLVED, that the like sum of $155,437.29. is hereby appropriated under the caption 2023 TAP Washington Street Corridor Phase II Design Phase; and BE IT FURTHER RESOLVED that the above is the result of funds from New Jersey Department of Transportation and Economic Development, in the amount of $155,437.29. I, Karen J. Carnevale, Municipal Clerk of the Township of West Orange in the County of Essex in the State of New Jersey, do hereby certify that the foregoing is a correct and true copy of a resolution adopted by the Township Council of the Township of West Orange, on the 22nd of July, 2025, in the County of Essex in the State of New Jersey. f Soper sania RMC Joe Krakoviak, Council President ‘unicipal Clerk Adopted: July 22, 2025

TRENK ISABEL 290 West Mount Pk It A\ SIDDI & Court Plaza South, West Wit x Mout Pata ve OI ut az Sot Vt ng 3a SHAHDANIAN P.-C. ‘ion Sve Soe Livingston, NJ 07039 al Hackensack, NJ 07601 P: 973.533.1000 F: 973,533,111 | tisslaw.com Richard D. Trenk, Esq. rtrenk@tisslaw.com Direct No. (973) 533-1040 Reply to Livingston office July 29, 2025 VIA E-MAIL Council President Joe Krakoviak All Township Council Members c/o Karen Carnevale, Municipal Clerk Township of West Orange 66 Main Street West Orange, NJ 07052 Re: _ Resolutions Approving Zoning Board Of Adjustment and Planning Board Attorney Professional Services Contracts Dear Council President Krakoviak and All Council Members: As you are aware, the Administration has now presented to the Council for its approval on at least three (3) different occasions resolutions and contracts ratifying and approving the determination by the autonomous land use bodies concerning Planning Board Attomey Powell- McGovern and Zoning Board Attorney Steve Warner. Both of these professionals have continued to work with diligence and integrity consistent with the Rules of Professional Conduct. Despite the Administration’s efforts to present these professional service contracts in a timely manner and despite the fact that no member of the Township Council has ever provided a substantive reason to disapprove or delay the approval, these contracts remain extant. As you are aware, these professionals are statutorily required by the MLUL. Both of these professionals continue to provide essential services to the autonomous land use boards. The only feedback I got after the July 21, 2025 Council meeting was that there was a discrepancy in the Resolution as to the hourly rate. As you are aware, that discrepancy could have been easily remedied by adopting the Resolutions and directing that the revision be made. Instead, in a further delaying effort, the Council tabled both Resolutions. This Resolution will be placed on the August 12, 2025 Agenda. If you have any questions or further concerns, you are requested to provide that information in writing no later than August 4, 2025. Otherwise, the Resolutions awarding the Land Use Professional Service

Council President Joe Krakoviak All Township Council Members July 29, 2025 Page 2 Contracts with the identical same contracts will be placed on the Agenda for the August 12, 2025 meeting. If they are not approved, the Mayor reserves the right to commence an appropriate litigation to resolve these matters once and for all. The failure to allow the autonomous land use boards to do their statutory responsibilities is solely being stymied by the Council’s machinations. If you have any questions whatsoever, or need any further guidance, please feel free to contact the undersigned. Obviously, if anyone raises a substantive basis to refuse to approve these Resolutions, we will listen to such objection and attempt to work collaboratively to resolve same in a professional and timely manner. Thank you for your consideration. Respectfully yours, Richard D. Trenk RDT:jms Enclosures ce: Mayor Susan McCartney (via e-mail) Peter Smeraldo, Business Administrator (via e-mail) Chief James P. Abbott, Senior Policy Advisor (via e-mail) John C. Ditinyak, CFO (via e-mail) Dr. Robert Bagoff (via e-mail) Diana Powell-McGoverm, Esq. (via e-mail) Phillip Neuer, Esq. (via e-mail) Steven Warner, Esq. (via e-mail) Stephen Gengaro, Esq. (via e-mail) Scott Salmon, Esq. (via e-mail) Ramon Rivera, Esq. (via e-mail) John J.D, Burke, Esq. (via e-mail) 4937-3186-5612, v. 1

189-25 August 12, 2025 RESOLUTION WHEREAS, the Township Council adopted Ordinance No. 2721-23 (the "Ordinance") which revised Chapter 25, Section 55.1 of the Township of West Orange (the "Township") Municipal Code (the "Township Code") and established the amount of escrow fees payable by applicants for land use applications to be determined by Resolution; and WHEREAS, Resolution 298-23 sets forth the fee schedule in the Ordinance and provides that attendance of the Board Attorney for any special meeting shall be $750 per meeting and any other professionals to be paid at $150 per hour; and WHEREAS, the Township, to pursuant to N.J.S.A. 40A:1 l-5(1)(a)(i), sent a request for qualifications for professional services contracts for the land use boards which is permitted under the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.; and WHEREAS, the responsive attorneys submitted a rate of $195 per hour for legal work for applications to be paid by escrow payments from the applicants which proposals were approved by the autonomous land use boards; and WHEREAS, the Township seeks to raise the hourly rate of land use board attorneys set forth by Resolution 298-23 fix the hourly rate for the land use board attorneys for escrow matters in an amount of $195/hour. Nothing contained herein shall change the special meeting escrow rate of $750 per meeting. This hourly rate applies to pre and post meeting work concerning the escrow payments for land use applications. NOW, THEREFORE, BE IT, AND HEREBY IT IS, RESOLVED BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF WEST ORANGE, that the rate for land use applicants for escrow matters to be paid to land use board attorneys shall be $195 per hour, with all other portions of Resolution 298-23 to remain in effect unless otherwise superseded by

Resolution, and the Municipal Clerk shall cause notice of these actions to be advertised in accordance with applicable law; and it is further RESOLVED that this Resolution shall be available in the Clerk’s Office in accordance with applicable law. Karen J. Carnevale, R.M.C. Joe Krakoviak, Municipal Clerk Council President Adopted: August 12, 2025 4846-7941-3222, v.1

190-25 August 12, 2025 RESOLUTION WHEREAS, MATRIX NEW WORLD ENGINEERING (“Contractor”) responded to the Township’s Request for Qualifications pursuant to a fair and open process for the award of a professional services agreement for Engineering Consulting Services (the “Contract”), through December 31, 2025; and WHEREAS, the Contractor has agreed to provide Engineering Municipal Services for the remainder of the calendar year 2025, pursuant to the requirements, terms and conditions set forth in the professional services agreement annexed hereto as Attachment “A;” and 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 the Contractor to provide Engineering Municipal Services for the Township not to exceed $75,000 on the terms and conditions set forth therein; 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. Municipal Clerk Joe Krakoviak Council President Adopted: August 12, 2025 I hereby certify funds are available from: Account No. JOHN C. DITINYAK, CFO

AGREEMENT FOR MUNICIPAL ENGINEERING CONSULTING SERVICES THIS AGREEMENT, dated as of the ____ day of August, 2025 between the Township of West Orange, a Municipal Corporation, in the County of Essex, and the State of New Jersey (hereinafter referred to as the “Township”), having its principal offices at 66 Main Street, West Orange, New Jersey; and MATRIX NEW WORLD ENGINEERING, (hereinafter referred to as the “Contractor”), having its principal offices at 3 Mountainview Road, Warren, New Jersey 07059. WHEREAS, on or about November 13, 2024 the Township issued Request for Qualifications for Professional Services, (the “RFQ”) seeking to award a Professional Services Agreement for Municipal Engineering Services; and WHEREAS, on December 3, 2024, the Contractor submitted the only proposal in response to the RFQ, annexed hereto as Exhibit “A,” seeking award of the Contract for Engineering Consulting Services (the “Contract”) for the scheduled hourly rates that are annexed hereto as Exhibit “B” not to exceed $75,000.. WITNESSETH 1. The Contractor hereby covenants and agrees to furnish and deliver to the Township, Engineering Consulting Services consistent with the scope of services as set forth in the RFQ and the Contractor’s Proposal submitted on December 3, 2024 (the “Proposal”) for the scheduled hourly rates set forth in the Proposal. 2. In the event of any conflicts between the terms and conditions set forth in the RFQ and the Proposal, the terms and conditions set forth in the RFQ shall govern. 3. The Contractor acknowledges that it has read N.J.S.A. 10:2-1, et. seq. (Discrimination in Employment on Public Works; contract Provision), the terms of which are incorporated herein as if expressly set forth at length, and the contractor agrees to comply with and be bound by the terms thereof. 4. Neither this Agreement nor the monies to become due hereunder are assignable. 5. The term of this Agreement for services is January 1, 2025 through December 31, 2025. Either party may seek to terminate this Agreement with 30-days written notice. 6. The acceptance of payment by the Contractor shall constitute a release of any claims or liabilities of any nature whatsoever, if any, owing to the Contractor from the Township, its agents, servants and employees. 7. Contractor agrees to indemnify and hold harmless the Township, its agents, servants and employees from and against

ny, owing to the Contractor from the Township, its agents, servants and employees. 7. Contractor agrees to indemnify and hold harmless the Township, its agents, servants and employees from and against any and all losses, damage, liabilities, and expenses 4919-9544-1939, v. 1

which may arise or be claimed against the Township, its agents, servants and employees, consequent upon or arising out of or in connection with the within Agreement. 8. This Agreement shall be governed and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law principles. Any claim shall be brought in the Superior Court of New Jersey, Essex Vicinage. Each of the Parties hereby irrevocably consents to the service of process of any of the aforementioned courts in any such action or proceeding by the mailing of copies thereof to it by regular mail. Each of the Parties hereby irrevocably waives any objection that it may now or hereafter have to the laying of venue of any such claim, suit, proceeding, or action in such respective jurisdictions 9. This agreement is effective as of Township’s adoption of an authorizing resolution by the Township’s governing body. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals, or caused these presents to be signed by their proper corporate officers, and caused these corporate seals to be affixed hereto. ATTEST: MATRIX NEW WORLD ENGINEERING ______________________________ Name: ______________________________ Name: TOWNSHIP OF WEST ORANGE ATTEST: _____________________________ KAREN J. CARNEVALE, R.M.C TOWNSHIP CLERK 4919-9544-1939, v. 1 BY: __________________________ MAYOR SUSAN McCARTNEY

EXHIBIT A