Township Council Meeting — Packet

provided by development applicants, consistent with state law and Section 25-55 of the West Orange Zoning Ordinance. Such additional services shall only be performed following approval from the Township Council. 2. The TOWNSHIP hereby retains the services of CONSULTANT for the period January 1, 2025 through December 31, 2025. 3. For any work done related to CONSULTANT’s role as affordable housing planner, the rate not to exceed $23,000: a. Principals - $175/hr; b. Principal Planners - $165/hr; c. Senior Planners - $150/hr; d. Associate Planners - $135/hr; and e. Administrative Agents - $110/hr; 4. CONSULTANT may not bill for the following ordinary administration and overhead: clerical and bookkeeping time related to the project, all telephone and facsimile costs, costs of reproduction of up to twenty (20) copies of no more than one (1) draft and one (1) final copy of project memorandums or reports, and travel expenses involving travel to places less than fifty (50) miles from CONSULTANT's office in Red Bank, New Jersey. 5. CONSULTANT is hereby placed on notice 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 except as directed by the Business Administrator and/or their designee; or to (c) represent that future funds will be available as compensation for current services. Any such acts 2 4937-6914-3105, v. 1

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. 6. CONSULTANT recognizes that all services rendered are subject to the approval of the Chief Financial Officer, 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. CONSULTANT shall submit detailed invoices to the TOWNSHIP for services rendered each month no later than fifteen (15) days subsequent to the close of the month. All invoices submitted by CONSULTANT shall set forth a list of the personnel who furnished services, their billing rates (as specified in paragraph 1) and the number of hours they worked on the assignment. In the event additional payment is sought by CONSULTANT for work performed beyond the scope of services, such work shall only be performed and payment shall only be rendered upon approval by the Township Council. 8. During the term of this agreement, CONSULTANT 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. CONSULTANT 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, CONSULTANT shall provide proof of renewal or new insurance coverage no later than thirty (30) days before the termination of the current coverage. 3 4937-6914-3105, v. 1

9. CONSULTANT agrees, subject to the provisions herein, to indemnify and hold the Client harmless from any damage, liability or cost to the extent caused solely by CONSULTANT's negligent acts, errors or omissions in the performance of professional services under this Agreement. CONSULTANT is not obligated to indemnify the Client for the Client's own negligence or intentional acts 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. 12. CONFLICT OF INTEREST—CONSULTANT agrees that it will not work for any third-party developer in the TOWNSHIP. If a client of CONSULTANT proposes a project in the TOWNSHIP, CONSULTANT shall immediately notify the TOWNSHIP and the TOWNSHIP shall arrange for a substitute planner to oversee the project. 13. This Agreement is terminable on thirty (30) days written notice. 4 4937-6914-3105, 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 HEYER, GRUEL & ASSOCIATES WITNESS: By: 5 4937-6914-3105, v. 1 SUSAN McCARTNEY, MAYOR

217-25 September 30, 2025 RESOLUTION TO HOLD A CLOSED SESSION WHEREAS, the Open Public Meetings Act (N.J.S.A. 10:4. et seq.) provides for the exclusion of the public meetings of the governing body during the discussion of certain matters; and WHEREAS, prior to the exclusion of the public from a meeting of the Township Council it is required that the Council adopt a Resolution stating the general nature of the subject to be discussed and stating as precisely as possible the time when the minutes of the discussion conducted in closed session can be disclosed to the public; and WHEREAS, this body is about to consider a matter which falls within the purview of N.J.S.A. 10-4-12, and can properly exclude the public from such discussions; now, therefore, be it BE IT RESOLVED, that the Township Council of the Township of West Orange, now assembled in public session at its regular meeting of September 30, 2025 enter into a closed session to consider the following matter(s). () 1. Discussion of any material, the disclosure of which constitutes an invasion of individual privacy. () 2. A collective bargaining agreement or the terms of provisions of same. () 3. Techniques or tactic utilized to protect the safety and property of the public provided that their disclosure could impair such protection. () 4. An investigation of violations or possible violations of the laws of the State of New Jersey and/or the Township of West Orange Administrative Code. () 5. Pending or anticipated litigation or contract negotiation in which this body is or maybe a party. () 6. A matter falling within the attorney-client privilege to the extent that confidentiality is required in order for the attorney to exercise his ethical duties to this body. (X) 7. Personnel matters. () 8. Discussion of any matter which by express provision of Federal law or State statute or rule of Court shall be rendered confidential. () 9. Discussion of any matter in which the release of information would impair a right to receive funds from the Government of the United Sates. () 10. Discussion of any matter involving the purchase, lease or acquisition of real property with public funds, the setting of banking rates or investment of public funds, where it could adversely affect the public interest if discussion of such matters were disclosed.

() 11. Deliberations occurring after a public hearing that may result in imposition of a civil penalty or suspension or loss of a license or permit. More specifically, the Council may discuss in closed session the following topic(s): 217-25 Resolution Authorizing an Executive Session for the Purpose of Discussing Personnel Specifically the Position of Township Planner. (the general subject matter(s) of discussion shall be indicated by a check mark in the appropriate box and shall be more specifically referred to thereafter to the extent such additional disclosure can be made without compromising the need for confidentiality giving rise to the closed session. IT IS FURTHER RESOLVED that the minutes of said discussion shall be made public as soon as the matter under discussion is no longer of a confidential or sensitive nature such that the public interest will no longer be served by such confidentiality. The foregoing resolution was duly adopted by the Township Council of the Township of West Orange at a public meeting held on September 30, 2025. Motion: Michelle Casalino Second: Susan Scarpa Vote Aye: 3 Opposed: 0 Absent: Joe Krakoviak Karen J. Carnevale, R.M.C. Municipal Clerk Adopted: September 30, 2025 Michelle Casalino, Council President Pro Tempore

2938-25 AN ORDINANCE AMENDING CHAPTER 3 SECTION 17.1 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 3, Sections 17.1 of the Revised General Ordinances of the Township of West Orange be and are hereby is amended and/or supplemented in the Revised General Ordinances of the Township of West Orange, as follows: AMENDMENTS TO § 3-17.1. ORDINANCES AND RESOLUTIONS— PREPARATION I. Prior to introduction, each proposed ordinance requiring or permitting administrative action shall be submitted to the Business Administrator, Township Attorney and the department head concerned. Ordinances which revise or amend provisions of the West Orange Municipal Code shall be drafted in a manner showing the revisions or amendments being made to the Code. II. REPEAL OF CONFLICTING ORDINANCES Any Ordinances of the Township in conflict with this Ordinance are hereby repealed to the extent of such conflict. III. SEVERABILITY If any part of this Ordinance shall be deemed invalid, such parts shall be severed and the invalidity thereof shall not affect the remaining parts of this Ordinance. IV. EFFECTIVE DATE This Ordinance shall take effect upon final passage and publication in accordance with the law. SUSAN MCCARTNEY, MAYOR JOE KRAKOVIAK, COUNCIL PRESIDENT KAREN J. CARNEVALE, R.M.C. MUNICIPAL CLERK 1 4906-8818-8522, v. 1 Deleted: Ordinances and resolutions shall be prepared for the consideration of Township Council by the Township Attorney or the legal assistant upon motion of the Council or request of the Mayor. …

INTRODUCED: September 30, 2025 ADOPTED: October 8, 2025 2 4906-8818-8522, v. 1

2938-25 Legislative History This Ordinance is being proposed by the Township Council to remove the requirement that the Legal Department must draft proposed legislation. This Ordinance allows the Township Council to submit proposed pieces of legislation to the Township Council Agenda. 3 4906-8818-8522, v. 1

2939-25 AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 7, TRAFFIC, SUBSECTION 7-32.1 HANDICAPPED PARKING ON STREETS, 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 as follows: Section 1. Subsections 7-32.1, Handicapped Parking on Streets of the Revised General Ordinances of the Township of West Orange is hereby supplemented and amended as follows (italic type denotes deletion, bold type denotes addition): 7-32.1 Handicapped Parking on Streets. Pursuant to N.J.S.A. 39:4-197(2c) the following on-street location is designated as a handicapped parking place. Such spaces are for use by persons who have been issued special identification cards, plates, or placards by the New Jersey Motor Vehicle Commission, or a temporary placard issued by the Chief of Police. No other person shall be permitted to park in these places. Street Side No. of Spaces Rollinson Street East 1 Section 2. Location Beginning 35 feet north of the northerly curb line of Wellington Avenue, and extending 20 feet north. Subsection 7-32.2, Restricted Parking Zones, of the Revised General Ordinances of the Township of West Orange is hereby supplemented and amended as follows (italic type denotes deletion, bold type denotes addition): 7-32.2 Restricted Parking Zones. Pursuant to N.J.S.A 39:4-197.6, Restricted Parking Zones, as defined in N.J.S.A. 39:4-207.6e, are established in front of the following residences as indicated on the Tax Maps of the Township of West Orange, at the specified locations. Parking within a specific zone is restricted to the motor vehicle issued a permit pursuant to N.J.S.A. 39:4-197.7. In accordance with N.J.S.A., 39:4-197.6 parking is AN EQUAL OPPORTUNITY EMPLOYER www.westorange.org