Packet · May 12, 2026
Township Council Meeting — Packet
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140-26 May 12, 2026 RESOLUTION AUTHORIZING A MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWNSHIP OF WEST ORANGE AND THE COUNTY OF ESSEX WITH REGARDS TO THE INSTALLATION AND MAINTENANCE OF TWO (2) LED SPEED FEEDBACK SIGNS ALONG GREGORY AVENUE WITHIN RIGHTS OF WAY BELONGING TO THE COUNTY OF ESSEX WHEREAS, the Township of West Orange desires to improve safety for residents and students along Gregory Avenue, an Essex County Road, along Gregory Avenue (County Route 577); and WHEREAS, the Township of West Orange wishes to install and maintain two (2) LED speed feedback signs within rights of way belonging to the County of Essex along Gregory Avenue (County Route 577); and WHEREAS, the County of Essex requires that the Township of West Orange submit a certified copy of a resolution approved by the governing body of the Township of West Orange indicating that the Township of West Orange will Hold the County of Essex harmless from any claims or actions of law directly resulting from the installation and maintenance of said two (2) LED speed feedback signs and WHEREAS, Mayor Susan McCartney and her Administration support the request to install and maintain and further authorizes the Township of West Orange and its contractors to install and maintain two (2) LED speed feedback signs and within rights of way all belonging to the County of Essex; and WHEREAS, the Township Council of the Township of West Orange concur with and support the request. NOW, THEREFORE, BE IT RESOLVED, that the Mayor, Township and Clerk and Business Administrator or designee are hereby authorized to execute on behalf of the Township by the Township Council of the Township of West Orange, a Memorandum of Understanding with the County
of Essex for any claims directly arising from the Township of West Orange’s installation of two (2) LED speed feedback signs within rights of way all belonging to the County of Essex; and BE IT FURTHER RESOLVED, that copy of this resolution and executed Memorandum of Understanding with the Hold Harmless and Indemnification Provision shall be filed with the Municipal Clerk’s Office and submit a certified copy of this Resolution to the Essex County Engineer and Public Works Director, Sanjeev Varghese. I, Karen J. Carnevale, Municipal Clerk of the Township of West Orange, do hereby certify this document to be true copy of the original which is on file in my office. _____________________________________ Karen J. Carnevale, R.M.C., Municipal Clerk Adopted: May 12, 2026
140-26 MEMORANDUM OF UNDERSTANDING INSTALLATION OF LED SPEED FEEDBACK SIGNS, AND POSTING OF TOWNSHIP EQUIPMENT ON COUNTY PROPERTY AND RIGHTS OF WAY This M e m o r a n d u m of U n d e r s t a n d i n g between the TOWNSHIP OF WEST ORANGE, a municipal corporation of the State of New Jersey ( hereafter "Township"), located at 66 Main Street, West Orange, New Jersey 07052, the Township's Department of Public Works, and the directors, officers, employees and agents of each, and the COUNTY OF ESSEX (hereafter "County"), located at 465 Dr. Martin Luther K i ng, Jr., Boulevard, Newark, New Jersey 07102, contains the entire understanding of the parties as follows: WHEREAS, the Township's Department of Engineering and Public Works, intends to promote public safety for residents and students along Gregory Avenue; and WHEREAS, in order to address public safety concerns, the Township and the County propose to engage in a joint initiative whereby the Township and its contractors may install and maintain two (2) LED speed feedback signs (hereafter “Improvements”) within rights of way al l belonging to the County. NOW THEREFORE, in consideration of the mutual covenants and conditions contained herein, the parties hereto do agree as follows: SECTION I TERM The initiative shall become effective u p o n execution b y the Township's Mayor and Director of Public Works and shall c ontinue u n t i l either side terminates this Memorandum of Agreement 1
under th e provisions of Section IV below. SECTION II DUTIES The installation, operation, maintenance, and removal (if necessary) of t h e Township’s Improvements and equipment o n t h e County’s property s h a l l b e the e x c l u s i v e duty and responsibility of the Township, its elected officials, department h e a d s , officers, agents, servants, and employees. At all times during t h e life of this Memorandum s h a l l t h e Improvements and equipment remain the property of the Township. The duty of the County shall be to cooperate with the Township to ensure that the Township has access to the Improvements and equipment on an "as- needed" basis. These d u t i e s a n d responsibilities of this Agreement s h a l l be subject to the protocols, directives and decisions of the Business Administrator of the Township of West Orange, and the County Executive of Essex County, or t their respective designees. SECTION III HOLD HARMLESS PROVISION In consideration of the use of Essex County Rights of Way for the installation and maintenance of the Improvements from the date of the Township's execution in perpetuity or until this Agreement is terminated under the provisions of Section IV below, the Township and its Department of Public Works agree to indemnify and save harmless the County of Essex, its elected and appointed officials, directors, department heads, officers, agents, servants and employees, against an y and all liability, claims, judgments, demands, attorney's fees and expenses, arising out of, or related to, or in connection with the initiative to install, operate, maintain and remove (if necessary) the Township's Improvements and equipment on the County's property and rights of way, including but not limited to claims based upon negligence by the way of commission or omission on the Township, its Department of Public Works, or its elected officials, 2
department head, officers, agents, servants and employees. This indemnification shall include but is not limited to any third-party claims, demands, causes of action, judgments, costs of litigation (including reasonable attorney fees) for bodily injury, death, personal injury, and/or property damage occurring as a result of the Township's equipment being on the premises in whole or in part. This indemnification does not extend to liability arising from the intentional, tortious, or negligent acts or omissions committed by the elected and appointed officials, directors, department heads, officers, agents, servants, and employees of the County, nor any condition of the rights of way owned or operated by the County of Essex that are not directly related to the Township's installation and maintenance of two (2) LED speed feedback signs. SECTION IV TERMINATION The parties agree that any other initiative memoranda of understanding or agreement(s) executed between the parties shall be null and void after execution of this memorandum and that this memorandum shall be in full force and affect upon its execution. The parties agree that either party may cancel this memorandum of understanding upon thirty (30) days written notice of termination. Upon termination, the Township shall remove all equipment from the County’s property and rights of way within sixty (60) days. SECTION VI ENTIRE CONTRACT This memorandum sets forth all covenants, promises, agreements, conditions, and understandings between the parties. There are no oral agreements or understandings between the parties hereto affecting or modifying this agreement. 3
IN WITNESS WHEREOF, the parties have caused this memorandum to be executed on this day 12th of May, 2026. Attest: The Township of West Orange: Karen J. Carnevale, R.M.C., Municipal Clerk Susan McCartney, Mayor 4
140-26 COUNTY OF ESSEX DEPARTMENT OF PUBLIC WORKS DMSION OF ENGINEERING INDEMNITY AND HOLD HARMLESS AGREEMENT For and in consideration of having been granted a permit for conducting physical improvements within an Essex County Right-of-Way on the Undersigned's premises, the Undersigned hereby indemnifies and holds harmless the County of Essex including but not limited to its Department of Public Works, Division of Engineering and their respective officers, employees, agents, elected and appointed officials from and against any and all claims, judgments, causes of action, costs or expenses asserted against or incurred by them or any of them arising out of any accident or injury sustained by any person(s) at the location during the period and after the expiration of the issued permit occasioned by the work performed by the Undersigned. The Undersigned agrees and understands that a part of said consideration for this Agreement shall include the Undersigned's promise that any rights to bring suit against the County and any rights to compensation there from on any matters arising from or otherwise related to Undersigned's participation in this improvement have been knowingly and willingly relinquished by the Undersigned under this Agreement. By affirming his/her signature to this document, the undersigned acknowledges that it understands the contents of this document and is voluntarily agreeing to its terms. The undersigned is authorized and holds the actual authority as the legally authorized owner/representative of the premises to enter into this agreement. In witness whereof I/we have hereunto set my/our hand and seal the ______ Day of ______ in the year ________ Along Gregory Avenue (County Route 577) within the School Zone of PROPERTY LOCATION: __________________________________________________________________________ Gregory Elementary School. __________________________________________________________________________ __________________________________________________________________________
__________________________________________________________________________ __________________________________________________________________________ Installation of two (2) LED Speed Feedback Signs TYPE OF IMPROVEMENT:_________________________________________________________________________ May 2026 - December 2026 DATE(S) OF PERMIT: _____________________________________________________________________________ Susan McCartney, Mayor _______________________________________________________________ Owner/ Representatives Name _______________________________________________________________ Signature Of Legally Authorized Owner/Representative Susan McCartney _______________________________ Printed Name Page 1 of 4
141-26 May 12, 2026 RESOLUTION RESOLUTION AUTHORIZING THE RELEASE OF STREET INSPECTION ESCROW AT 270 ST. CLOUD AVENUE WHEREAS, on October 21, 2025, A1 General Construction, LLC, 29 Northfield Avenue, West Orange, NJ 07052 provided a check in the amount of $3,000.00; and WHEREAS, this amount represents the cost of escrow for work performed in the Township’s right of way (ROW) located at 270 St. Cloud Avenue; and WHEREAS, a final inspection was performed; and WHEREAS, restoration has been completed and the work is satisfactory; and WHEREAS, by letter dated May 1, 2026, the Municipal Engineer requested escrow in the amount of $3,000.00 be returned to A1 General Construction, LLC, 29 Northfield Avenue, West Orange, NJ 07052; and NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of West Orange that the cost of escrow for work performed in the Township right of way at 270 St. Cloud Avenue be returned to A1 General Construction, LLC, 29 Northfield Avenue, West Orange, NJ 07052 in an amount of $3,000.00. Karen J. Carnevale, R.M.C. Susan Scarpa, Council President Municipal Clerk Adopted: May 12, 2026 I hereby certify funds are available from Account No. 12-6720-00-8000-031 $3,000.00 John Ditinyak, Chief Financial Officer
142-26 May 12, 2026 RESOLUTION WHEREAS, Chapter 25, Article I, Section 25-18.4 of the Revised Ordinances of the Township of West Orange establishes the West Orange Housing Rehabilitation Program; and WHEREAS, the West Orange Housing Rehabilitation Program offers assistance to low- and moderate-income Township homeowners for necessary repairs and/or replacements to ensure housing units are in compliance with N.J.A.C. 5:28; and WHEREAS, on or about August 11, 2000, Grace C. and Kevin M. Drury (the “Borrowers”) executed a Mortgage in the amount of $14,565 (the “Mortgage”) to secure a loan through the Township of West Orange's Housing Rehabilitation Program on the property located at Block 117, Lot 59, on the Tax Map for the Township of West Orange, commonly known as 41 Liberty Street, West Orange, New Jersey 07052 (the “Property”); and WHEREAS, the Mortgage was recorded on January 12, 2001, as Instrument Number 376584, in Mortgage Book 7658, Page 866 with the Essex County Register of Deeds and Mortgages; and WHEREAS, the loan through the Township of West Orange's Housing Rehabilitation Program provides for repayment of the loan at the time of the sale of the home or transfer of title; and WHEREAS, due to the sale of the Property, the $14,565 due on the mortgage has been paid to the Township of West Orange (the “Township”); and WHEREAS, the Borrower seeks the execution of a Discharge of Mortgage, annexed hereto as Exhibit "A," to record that the loan has been repaid, and the Mortgage has been satisfied and discharged; and WHEREAS, the Discharge of Mortgage must be executed to clear title and discharge all mortgage obligations. NOW, BE IT RESOLVED THAT the Mayor be and is hereby authorized to execute the Discharge of Mortgage, annexed hereto as Exhibit "A," as to the Property; and be it further RESOLVED that the Municipal Clerk be and is hereby authorized to attest to the Mayor's signature on the Discharge of Mortgage concerning the Property; and be it further RESOLVED that a copy of the Resolution shall be made available in the Clerk's office in accordance with applicable law. Karen J. Carnevale, R.M.C.
File revisions (1)
- Sep 29, 2026
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