Township Council Meeting — Packet

Township of West Orange Bills List User: paula Total: 5,143.05 09/02/2025 10:32:40 Date: 09/02/2025 To 09/02/2025 Purchase Order 01-2010-00-5003- Chk Num Vendor 25101538 P.O. Date Paid Date MICHAEL KELLY 2,307.00 INV#2025 RECRUITS TO COVER THE COST OF A PHYSICAL EXAMS FOR RECRUIT 07/15/2025 08/04/2025 2,307.00 - BUDGET POLICE O/E 01-2010-02-1007-211 188525 Amount Invoice - POLICE O/E TESTS, EXAMS, SHOTS Total: BUDGET POLICE O/E 01-2010-02-1007- Order By :Account - BUDGET POLICE O/E 01-2010-00-5003-110 188762 Acc: 01- To 99-9999-99-9999-999 25101526 - MAINT.FREE PUBLIC LIBRARY O/E LIBRARY - 10 Rooney HERC RENTALS INC 2,836.05 INV#34200222-022 rental lights Total: BUDGET MAINT.FREE PUBLIC LIBRARY O/E 2,836.05 Fund Total: 01 5,143.05 06/19/2025 08/04/2025

172-25 September 8, 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”) $50,000.00; 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. Township Clerk Joe Krakoviak Council President Adopted: September 8, 2025 I hereby certify funds are available from: Account No. John Ditinyak, Chief Financial Officer 4849-8140-3110, v. 1

172-25 AGREEMENT FOR PLANNING BOARD LEGAL SERVICES THIS AGREEMENT made and entered into on this July, 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 Planning 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 Planning Board and the TOWNSHIP to retain the services of COUNSEL to setve in the capacity as Planting Board Attomey; 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 Plauning 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 shal! 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 Planning Boatd 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 Planning Board meetings, drafting all resolutions, and all Planning 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 offorts 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. &. 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 4833-2013-3789, 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 hetein shall preclude the Planning Board 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 Attomey, no later than thirly (30) days subsequent to the close of the month. Alf invoices submitted by COUNSEL shail set forth with specificity the tasks performed, the attorney performing the tasks, and the amount of time spent on each task. 4833-2913-3799, 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 Japse at any time before the end of the contract, COUNSEL shall provide proof of yenewal or new insurance coverage.no later than thirty (30) days before the termination of the curtent 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 seg., and the New Jersey Contractual Liability Act, NLS.A. 59:13-1 ef seg. 13. This agreement shall be govemed 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.LS.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 Jand use experienced attorney at the Gaccione firm to fulfill any of the services contemplated hereunder on the same terms set forth herein. 4833.2013-3798, v. t

IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. TOWNSHOP OF WEST ORANGE ATTEST: By; KAREN J. CARNEVALE, R.M.C SUSAN McCARTNEY, MAYOR GACCIONE POMACO P.C. | WITNESS: : | Pyubal Us abe wr fuanaelile DIANA POWELL McGOVERN, ESQ. 4833-2913-3799, v.1

182-25 September 8, 2025 RESOLUTION AUTHORIZING THE ISSUANCE OF A DUPLICATE TAX SALE CERTIFICATE PURSUANT TO N.J.S.A. 54:6-52.1 WHEREAS, the Tax Collector of this municipality has previously issued a tax sale certificate to Trevor Lane which certificate is dated January 18, 2000 covering premises commonly known and referred to as Block 177.08 Lot 12 as set out on the municipal tax map then in use which certificate bears number #1085. An assignment of the tax sale certificate to Garden State Tax Liens, LLC was recorded with Essex County Clerk’s office and recorded on January 24 , 2000 book 7436 page 434. WHEREAS, the purchaser of the aforesaid tax sale certificate has indicated to the Tax Collector that they have lost or otherwise misplaced the original tax sale certificate and have duly filed the appropriate Affidavit of Loss with the Tax Collector, a copy of which is attached hereto. NOW THEREFORE BE IT RESOLVED, by the Mayor and Governing Body of the Municipality of the Township of West Orange that the Tax Collector of the municipality be and is hereby authorized, upon receipt of the appropriately executed and notarized Loss Affidavit and the payment of a fee of $100.00 per certificate, to issue an appropriate duplicate tax sale certificate to the said purchaser covering the certificate lost as previously described all in accordance with the requirements of Chapter 99 of public Laws of 1997. BE IT FURTHER RESOLVED that a copy of this Resolution and the Loss Affidavit be attached to the duplicate certificate to be issued to said purchased and that said duplicate certificate shall be stamped or otherwise have imprinted upon it the word “Duplicate” as required by law. Karen J. Carnevale, R.M.C. Municipal Clerk Adopted: September 8, 2025 Joe Krakoviak Council President

185-25 September 8, 2025 RESOLUTION AUTHORIZING THE RENTAL OF SPECIALIZED EQUIPMENT TO BE USED FOR THE LEAF AND SNOW COLLECTION SEASONS 2025-2026 THROUGH STATE CONTRACT # GS-21F-0020T WHEREAS, the Township of West Orange (“Township”) must rent equipment for the leaf and snow season November 1, 2025 to March 31, 2026; and WHEREAS, pursuant to the provision made in the Local Public Contracts Law N.J.S.A. 40A:11-5(2) the Township as a Local Government Unit, may without public advertising for goods or services enter into contracts already secured by the United States of America, the State of New Jersey, County or Municipality thereof; and WHEREAS, Herc Rentals Inc. 27500 Riverview Center Blvd., Bonita Springs, FL 34134 for needed equipment rental for the amount of $81,005.00 (see Exhibit “A”). WHEREAS, Herc Rentals Inc, also charges a mileage fee of $.25 per mile as an additional cost for rental, not to exceed $500.00 (see Exhibit “A”) NOW, THEREFORE BE IT RESOLVED, by the Municipal Council of the Township of West Orange who hereby authorizes the Purchasing Agent, on behalf of the Township to issue and execute a Purchase Order not to exceed for $81,505.00 to Herc Rentals Inc. with funds certified available by the Chief Financial Officer. Karen J. Carnevale, R.M.C., Municipal Clerk Joe Krakoviak, Council President Adopted: September 8, 2025 I hereby certify funds available from Account No.(s): John C. Ditinyak, Chief Financial Officer 01-2010-00-7502-110 91-2010-00-7502-110