Township Council Meeting — Packet

220-26 August 4, 2026 RESOLUTION AUTHORIZING A REFUND WHEREAS, on June 13, 2026, Michelle Warsager, , West Orange, NJ 07052 provided a payment in the amount of $175.00; and WHEREAS, this amount represents payment for the summer IYARA training program registration for her child in the amount of $175.00; and WHEREAS, the program was cancelled due to low enrollment; and WHEREAS, they are due a refund because they paid the program fee and the program was cancelled by the Recreation Department; and WHEREAS, the Recreation Department is requesting a refund for the above in the amount of $175.00; and NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of West Orange that the cost of the refund for Michelle Warsager be returned to her at her residence, , West Orange, NJ in an amount of $175.00. Karen J. Carnevale, R.M.C. Susan Scarpa, Council President Township Clerk Adopted: August 4, 2026 I hereby certify funds are available from Account No. 12-6830-00-0230-010 $175.00 John C. Ditinyak Chief Financial Officer

221-26 August 4, 2026 RESOLUTION AUTHORIZING A REFUND WHEREAS, on June 22, 2026, Rony Jean, , West Orange, NJ 07052 provided a payment in the amount of $120.00; and WHEREAS, this amount represents payment for the summer morning ½ day session cheer academy program registration for their child in the amount of $120.00; and WHEREAS, the program was cancelled due to low enrollment; and WHEREAS, they are due a refund because they paid the program fee and the program was cancelled by the Recreation Department; and WHEREAS, the Recreation Department is requesting a refund for the above in the amount of $120; and NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of West Orange that the cost of the refund for Rony Jean be returned to him at his residence, , West Orange, NJ in an amount of $120.00. Karen J. Carnevale, R.M.C. Susan Scarpa, Council President Township Clerk Adopted: August 4, 2026 I hereby certify funds are available from Account No. 12-6830-00-0230-010 $120.00 John C. Ditinyak Chief Financial Officer

222-26 August 4, 2026 RESOLUTION AUTHORIZING A REFUND WHEREAS, on June 26, 2026, Jason Foster, , West Orange, NJ 07052 provided a payment in the amount of $260.00; and WHEREAS, this amount represents payment for the full day summer cheer academy program registration for their child in the amount of $260.00; and WHEREAS, the program was cancelled due to low enrollment; and WHEREAS, they are due a refund because they paid the program fee and the program was cancelled by the Recreation Department; and WHEREAS, the Recreation Department is requesting a refund for the above in the amount of $260.00; and NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of West Orange that the cost of the refund for Jason Foster be returned to him at his residence, West Orange, NJ in an amount of $260.00. Karen J. Carnevale, R.M.C. Susan Scarpa, Council President Township Clerk Adopted: August 4, 2026 I hereby certify funds are available from Account No. 12-6830-00-0230-010 $260.00 John C. Ditinyak Chief Financial Officer

223-26 August 4, 2026 RESOLUTION AUTHORIZING A REFUND WHEREAS, on July 12, 2026, Kyle Vyas, , West Orange, NJ 07052 provided a payment in the amount of $200.00; and WHEREAS, this amount represents payment for the summer IYARA training program registration for his child in the amount of $200.00; and WHEREAS, the program was cancelled due to low enrollment; and WHEREAS, they are due a refund because they paid the program fee and the program was cancelled by the Recreation Department; and WHEREAS, the Recreation Department is requesting a refund for the above in the amount of $200.00; and NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of West Orange that the cost of the refund for Kyle Vyas be returned to him at his residence, , West Orange, NJ in an amount of $200.00. Karen J. Carnevale, R.M.C. Susan Scarpa, Council President Township Clerk Adopted: August 4, 2026 I hereby certify funds are available from Account No. 12-6830-00-0230-010 $200.00 John C. Ditinyak Chief Financial Officer

224-26 August 4, 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 FOUR (4) LED RECTANGULAR RAPID FLASHING BEACONS (RRFB) 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, (County Route 577) and its intersections with Mitchell Street and Gregory Place; and WHEREAS, the Township of West Orange wishes to install and maintain four (4) LED Rectangular Rapid Flashing Beacons (RRFB) within rights of way belonging to the County of Essex along Gregory Avenue (County Route 577) and its intersections with Mitchell Street and Gregory Place; 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 four (4) LED Rectangular Rapid Flashing Beacons; 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 four (4) LED Rectangular Rapid Flashing Beacons 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 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 four (4) LED Rectangular Rapid Flashing Beacons within rights of way all belonging to the County of Essex; and BE IT FURTHER RESOLVED, that a copy of this resolution and executed Memorandum of Understanding with the Hold Harmless and Indemnification Provision, in a substantially similar form as attached hereto, subject to Township Attorney approval shall be filed with the Municipal Clerk’s Office and a certified copy of this Resolution be submitted 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. Susan Scarpa, Council President Municipal Clerk Adopted: August 4, 2026

224-26 MEMORANDUM OF UNDERSTANDING FOR THE INSTALLATION OF LED RECTANGULAR RAPID FLASHING BEACONS (RRFB), AND POSTING OF TOWNSHIP EQUIPMENT ON COUNTY PROPERTY AND RIGHT OF WAY This Memorandum of Understanding (hereinafter the “Agreement”) between the TOWNSHIP OF WEST ORANGE, a municipal corporation of the State of New Jersey (hereafter the “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 the “County”), located at 465 Dr. Martin Luther Ki ng, Jr., Boulevard, Newark, New Jersey 07102, contains the entire understanding of the parties as follows: WHEREAS, the Township’s Department of Public Works, intends to promote public safety for residents and students along Gregory Avenue (County Route 577) and its intersection with Mitchell Street and Gregory Place crosswalk (hereinafter referred to as the “County Right of Way”); 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 four (4) LED Rectangular Rapid Flashing Beacons (RRFB) (hereafter “Improvements”) within the County Right of Way. NOW THEREFORE, in consideration of the mutual covenants and conditions contained herein, the parties hereto do agree as follows: SECTION I TERM The Agreement shall become effective upon execution b y the Township's Mayor and Director of Public Works and shall continue until either side terminates this Agreement 1

under the 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 shall be the exclusive 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 Agreement t h e Improvements and equipment shall 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. The dut i es a n d responsibilities under this Agreement shall 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 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 any 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 2

County’s property and right of way, including but not limited to claims based upon negligence by the way of commission or omission of the Township, its Department of Public Works, or its elected officials, 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 four (4) LED Rectangular Rapid Flashing Beacons (RRFB). 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 Agreement and that this Agreement 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 3

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. IN WITNESS WHEREOF, the parties have caused this memorandum to be executed on this day 4th of August, 2026. Attest: The Township of West Orange: Karen J. Carnevale, R.M.C. Susan McCartney, Mayor Municipal Clerk 4