Township Council Meeting — Packet

ts, loss of tax revenue from destroyed properties, salt water invasion of aquifers, algal blooms, loss of recreation/tourism revenue, dealing with insect and other infestations; and WHEREAS, more than 50 years ago, scientists at major fossil fuel companies knew of the direct link between fossil fuels and global warming and reported their findings to corporate executives, who chose to deceive the public about climate science, downplay and distort the evidence of climate change, engage in a decades-long campaign against climate action, fund counterfeit science, and manufacture uncertainty with no scientific basis; and WHEREAS, the top 25 oil and gas ‘carbon majors’ have continually earned enormous profits and have the ability to pay for their share in damages and remain extremely profitable. Global climate damages from emissions associated with the top 25 oil and gas ‘carbon majors’ between 1985 and 2018 are estimated at 20 trillion USD compared to the 30 trillion USD they earned over the same period. In 2022 seven carbon majors including Aramco, Exxon Mobil, and Shell earned profits almost twice the estimated damages caused by their emissions that year – 497 billion USD compared to 260 billion USD; and

WHEREAS, oil and gas lobbyists are urging Congress to give fossil fuel companies total legal immunity from any laws or lawsuits that could hold them accountable for their role in the climate crisis; and WHEREAS, in January of 2026, the American Petroleum Institute announced that killing state climate lawsuits is a top 2026 priority for the oil lobby, last year 16 Republican attorneys general proposed creating a “liability shield” for fossil fuel companies modeled on a 2005 law protecting gun manufacturers from lawsuits, and in February 2026 a house representative announced plans to introduce legislation seeking to stop climate lawsuits and superfund bills." WHEREAS, the Polluters Pay to Make New Jersey More Affordable Act seeks to hold "responsible parties," which is defined as fossil fuel extractors that conduct business in New Jersey and were responsible more than one billion metric tons of greenhouse gas emissions since 1995, liable for the costs of funding climate change adaptation and resilience projects instead of placing the burden on New Jersey taxpayers; and WHEREAS, the State Treasurer will be authorized under this Act to determine the cost impacts of these greenhouse gas emissions on the State, including effects on public health, natural resources, biodiversity, agriculture, economic development, flood preparedness and safety, housing, and any other effect that the State Treasurer determines is relevant; and WHEREAS, a Climate Adaptation, Resiliency, and Affordability Program will be established under this Act by the NJDEP to obtain compensatory payments from Responsible Parties and accept and collect payment from responsible parties and to disburse those funds for "climate change adaptation projects;" to project sponsors of climate change adaptation and resilience projects; and WHEREAS, "climate change adaptation projects" include, but are not limited to: flood protection projects; home buyouts; upgrades of stormwater drainage systems; defensive upgrades to roads, bridges, railroads, and transit systems; preparation for, and recovery from, extreme weather events; preventive health care programs and providing medical care to treat illness or injury caused by the effects of climate change; relocation, elevation, or retrofits of sewage treatment plants and other infrastructure vulnerable to flooding; installation of energy efficient cooling systems

aused by the effects of climate change; relocation, elevation, or retrofits of sewage treatment plants and other infrastructure vulnerable to flooding; installation of energy efficient cooling systems and other weatherization and energy efficiency upgrades and retrofits in public and private buildings, including schools and public housing, designed to reduce the public health effects of more frequent heat waves and forest fire smoke; upgrades to the electrical grid to increase stability and resilience, including the creation of self-sufficient microgrids; and response to toxic algae blooms, loss of agricultural topsoil, crop loss, and other climate-driven ecosystem threats to forests, farms, fisheries, and food systems; and WHEREAS, any municipality in need of climate change adaptation and resilience projects will be able to apply for the funds raised by the Act; and WHEREAS, the total funds to be recovered under this Act is expected to be $50 billion over 20 years WHEREAS, economists agree that the design of the Act would not cause costs to be passed along to consumers because 1) the payments would be based on past pollution and, therefore, not affect today's marginal cost of production; and 2) the price of fossil fuels is based on international market forces; and

WHEREAS, the Act would not preclude municipalities from filing and paying for their own lawsuits in order to obtain payment for damages caused by climate change emissions; and WHEREAS, the Act will make New Jersey more affordable by not saddling New Jersey taxpayers with the large and rapidly increasing costs of paying for climate damages; NOW THEREFORE, BE IT RESOLVED that the administration and council of the Township of West Orange, in the interest of protecting its residents, businesses and institutions, as of March 24, 2026, strongly express their support for passage of the Polluters Pay to Make New Jersey More Affordable Act. BE IT FURTHER RESOLVED, that the Township of West Orange categorically opposes any legislation, whether in Congress or state legislatures, that attempts to limit or eliminate access to court by preempting existing laws or giving fossil fuel companies immunity from any laws or lawsuits seeking to hold the fossil fuel industry accountable for deceptive conduct and the costs of climate change; and BE IT FURTHER RESOLVED, that the Township of West Orange affirmatively supports the rights of cities, counties, tribes and states to bring litigation and legislation seeking to hold the fossil fuel industry accountable for the climate change-driven harms they and their communities are suffering. BE IT FURTHER RESOLVED, that the Township Clerk shall forward this Resolution to: ● New Jersey Governor Mikie Sherrill ● Commissioner of the NJ Department of Environmental Protection ● NJ Senate President Nicholas Scutari ● NJ Assembly Speaker Craig Coughlin ● Polluters Pay to Make New Jersey More Affordable Act, Senate sponsor John McKeon ● Polluters Pay to Make New Jersey More Affordable Act Assembly sponsor Alixon Collazos-Gill ● NJ State Senate legislator representing the Township of West Orange ● NJ State Assembly legislators representing the Township of West Orange ● NJ member of Congress representing the Township of West Orange ● Senators Cory Booker and Andy Kim ● Food & Water Watch, msmith@fwwatch.org ● New Jersey State League of Municipalities ● County Commissioners and Administration of Essex County Karen J. Carnevale, R.M.C., Municipal Clerk Adopted: March 24, 2026 Susan Scarpa, Council President

116-26 March 24, 2026 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 March 24, 2026 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. (X) 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): Resolution Authorizing an Executive Session for the purpose of discussing matters 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; and for the discussion of matters which, by express provision of federal law, state statute, or rule of court, are required to be rendered confidential, specifically including: Personnel: Abbott, Police Contract(s) matters; Affordable Housing Update (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 March 24, 2026. Motion: Second: Vote Aye: Opposed: Karen J. Carnevale, R.M.C. Municipal Clerk Adopted: March 24, 2026 Susan Scarpa Council President

2957-26 AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 2, “ADMINISTRATION,” SECTION 18.2, “FUNCTIONS OF THE ENGINEERING DEPARTMENT,” OF THE MUNICIPAL CODE OF THE TOWNSHIP OF WEST ORANGE WHEREAS, The Mayor and Council of the Township of West Orange (the “Township”), have an interest in the efficient administration of government services; and WHEREAS, pursuant to N.J.S.A. 40:48-1, the governing body of a municipality may make, amend, repeal, and enforce such other ordinances, regulations, rules and by-laws not contrary to the laws of this State or Federal Government, as it may deem necessary and proper for the good of government, order and protection of person and property, and for the preservation of the public health, safety and welfare of the municipality and its inhabitants, and as may be necessary to carry into effect the powers and duties conferred and imposed by this subtitle, or by any law; and WHEREAS, the Township desires to amend Chapter 2, “Administration,” Section 18.2, “Functions of the Engineering Department,” of the Township Municipal Code to define and clarify the duties of the Engineering Department; and NOW, THEREFORE, BE IT ORDAINED, by the Mayor and Township Council of the Township of West Orange, in the County of Essex, State of New Jersey, being the governing body thereof, that Section 18.2 “Functions of the Engineering Department,” of Chapter 2 “Administration,” shall be amended as follows. Section 1. RECITALS. The foregoing whereas clauses are incorporated herein by reference and made a part hereof. Section 2. Chapter 2, “Administration,” Section 18.2, “Functions of the Engineering Department,” to clarify and enumerate the duties and functions of the Engineering Department, shall be amended as follows. Note: Additions are shown in bold and underline and deletions are shown as strikethrough. § 2-18.2 Functions of the Engineering Department. Under the direction and supervision of the Municipal Engineer, the Department of Engineering shall: a. Prepare, or cause to be prepared, plans and specifications for public works in conjunction with their staff and improvements undertaken by the Township, either on force account or by public contract. b. Supervise the performance of contracts for public works, the amounts due and payable thereunder.

c. Provide and maintain surveys, maps, plans, specifications and operating records with respect to capital improvement projects, public works and facilities owned or operated by the Township. d. Supervise and direct the installation and administration of departmental records, payroll and inventory controls, and cost analyses. e. Provide all engineering and mechanical services required by any department office or agency of the Township government, except as otherwise directed by the Mayor or Business Administrator. f. Study and report upon the technical requirements of street lighting and traffic control. g. Supervise and enforce the Township's interest in public contracts for fire, hydrant service, street lighting, joint outlet sewer maintenance. h. Provide technical and engineering advice and assistance to other Township Departments as needed. i. Construction oversight of capital improvement projects to municipal roadways inclusive of storm and sanitary sewers, sidewalks, pathways, and other facilities within the municipal right-of-way (R.O.W.). j. Issuance and inspection of road opening, sidewalk, curb, dumpster and sewer connection and capping permits within the municipal right-of-way (R.O.W.). k. Supervise the preparation of tax maps and municipal mapping. l. Issuance of tree removal permits and exemption reports. m. Conduct annual registration of tree contractors permitted to work within the Township. n. Review grading, pool and plot plans for zoning and building permits. o. Coordinate, report streetlight outages and request light improvements to Public Service Electric and Gas (PSE&G) on behalf of the residents and capital improvement projects. p. Prepare grant applications, concept plans and cost estimates. q. Manage municipally and grant funded projects from bid phase through construction and closeout. r. Manage hiring of consultants; develop requests for proposals, review, and coordinate consultant work. s. Prepare and assist legal department with resolutions, ordinances, ordinance amendments, reports, presentations, and public correspondence. t. Responsible for the preparation of the annual NJDEP MS4 Stormwater Reporting. u. Prepare and calculate annual reimbursement costs for street lighting and snow removal for private communities. v. Issue certificates as to approval of land subdivisions by the Planning Board or the Council, pursuant to State

nual reimbursement costs for street lighting and snow removal for private communities. v. Issue certificates as to approval of land subdivisions by the Planning Board or the Council, pursuant to State Municipal Planning Act. (N.J. Laws of 1953, Chapter 433 as amended; N.J.S.A. 40:55D-1 et seq.) a. Prepare, or cause to be prepared, plans and specifications for Township’s infrastructure and associated public works projects in conjunction with their staff and improvements undertaken by the Township, either on force account or by public contract.

b. Supervise the performance of public contract projects for Township’s infrastructure, the amounts due and payable thereunder. c. Provide and maintain surveys, maps, plans, specifications and operating records with respect to capital improvement projects, public works and facilities owned or operated by the Township. d. Supervise and direct the installation and administration of departmental records, payroll and inventory controls, and cost analyses. e. Provide all engineering services required by any department, office or agency of the Township government, except as otherwise directed by the Mayor or Business Administrator. f. Study and report upon the technical requirements of street lighting and traffic control. g. Supervise and enforce the Township's interest in public contracts for fire hydrant service, street lighting, joint outlet sewer maintenance. h. Provide technical and engineering advice and assistance to other Township departments as needed. i. Construction oversight of capital improvement projects to municipal roadways inclusive of storm and sanitary sewers, sidewalks, pathways, and other facilities within the municipal right-of-way (R.O.W.). j. Issuance and inspection of road opening, sidewalk, curb, dumpster and sewer connection and capping permits within the municipal right-of-way (R.O.W.). k. Supervise the preparation of tax maps and municipal mapping. l. Review grading, pool and plot plans for zoning and building permits. m. Coordinate, report streetlight outages and request light improvements to Public Service Electric and Gas (PSE&G) on behalf of the residents and capital improvement project. n. Prepare grant applications, concept plans and cost estimates. o. Manage municipally and grant funded projects from bid phase through construction and closeout.