Public Township Council Meeting — Packet

of God, strikes, lockouts, accidents, or other events beyond the control of the other or the other's employees and agents. 5. Compliance with Local Laws - The Consultant shall comply with all applicable laws, ordinances, and codes of the State and local governments. 6. Ownership of Material - Ownership of all data, material, manuals, and documentation originated and prepared for the Township pursuant to this contract shall belong exclusively to the Township. West Orange Housing Rehabilitation Program P. 11

Consultant Contract 7. Records Access & Retention - The Township or any of their duly authorized representatives shall have access to any books, documents, papers, and records of the Consultant which are directly pertinent to this Agreement for the purpose of making audit, examination, excerpts, and transcriptions. All such records shall be retained in West Orange Town Hall. 8. Audit - The Township or any of their duly authorized representatives shall have access to any books, documents, papers, and recourse of the Consultant which are directly pertinent to a specific program for the purpose of making audit, examination, excerpts, and transcriptions and anything else. 9. Assignability - The Consultant shall not assign any interest in this Contract; and shall not transfer any interest in the same (whether by assignment or otherwise) without the prior written approval of the Township. Provided, however, that claims for money due or to become due the Consultant from the Township under this Contract may be assigned to a bank, or to a Trustee in Bankruptcy, without such approval, notice of any such assignment or transfer shall be furnished promptly to the Township in writing, signed by the consultant. 10. Equal Employment Opportunity - In compliance with Federal Executive Orders 11246 and 11375, applicable Federal regulations and New Jersey State laws, in carrying out this Agreement the Consultant shall not discriminate against any employee or applicant for employment because of race, creed, color, national origin, nationality, ancestry, age, sex, marital status, atypical cellular or blood trait, liability for military service, ornamental or physical disability, subject only to conditions and limitations applicable alike to all persons. The Consultant shall take affirmative action to insure that applicants for employment are employed, and that employees are treated during employment without regard to race, creed, color, national origin, nationality, ancestry, age, sex, marital status, atypical cellular or blood trait, liability for military service or mental or physical disability, subject only to conditions and limitations applicable alike to all persons. Such action shall include, but not be limited to: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination,

mitations applicable alike to all persons. Such action shall include, but not be limited to: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, including apprenticeship, and setting of working conditions. 11. Compliance with Local Laws - The Consultant shall comply with all applicable laws, ordinances and codes of the State and local governments. 12. Remedies - Unless otherwise provided in this Agreement, all claims, counterclaims, disputes and other matters in question between the Township and Consultant arising out of or relating to this Agreement or the breach of it will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State of New Jersey. In the event the parties agree to arbitration, same shall be conducted in accordance with the applicable rules of the American Arbitration Association, the outcome shall be binding upon the parties, and judgement upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. West Orange Housing Rehabilitation Program P. 12

105-12 May 29, 2012 RESOLUTION AUTHORIZING EXECUTION OF AMENDED AGREEMENT BETWEEN THE TOWNSHIP OF WEST ORANGE AND STEVEN J. WEINBERG WHEREAS, the Township of West Orange desires to secure continued consultant services relative to its administration of the West Orange Housing Rehabilitation Program (WOHRP) in compliance with the regulations of the New Jersey Council on Affordable Housing (COAH); and WHEREAS, Steven J. Weinberg (T/A Community Action Services) has heretofore satisfactorily provided professional services to the Township in these and related matters; and WHEREAS, Steven J. Weinberg is qualified to provide such administrative services under the direction and supervision of Susan Borg, West Orange Town Planner; NOW, THEREFORE, BE IT RESOLVED, that the Township Council of the Township of West Orange hereby authorizes the Mayor to execute the attached amended agreement with Steven J. Weinberg. BE IT FURTHER RESOLVED that a copy of the amended agreement shall be maintained on file in the Township Clerk s office for public inspection. BE IT FURTHER RESOLVED that the Township Clerk cause a notice of the award of this amended contract to be published as provided by the Local Public Contracts Law (N.J.S.A. 40A:11-5(1) (a) (i) ). Karen J. Carnevale Patricia Spango Municipal Clerk Council President Adopted: May 29, 2012 E:\COAH\2012\Weinburg2012 Resolution Authorizing Execution of Amended Contract.doc

106-12 May 29, 2012 RESOLUTION WHEREAS, The Township of West Orange, through the West Orange Housing Rehabilitation Program (“WOHRP”), under the guidelines of the Council on Affordable Housing, offers monetary assistance to homeowners in order to enable them to correct defects in their homes and to bring them up to Property Maintenance Code standards; and WHEREAS, currently WOHRP grants owner occupied single family homeowners, who meet the family income criteria, a non-interest bearing deferred loan up to $20,000; and WHEREAS, through WOHRP numerous low and moderate income housing units within the Township of West Orange have been rehabilitated; and WHEREAS, it has recently been determined that it would be in the best interest of the Township and its residents to amend the WOHRP to allow single and multi family owners or renters, who meet the family income criteria, the ability to obtain non-interest bearing deferred loans up to $35,000; and WHEREAS, further amend WOHRP to allow the loan to be forgiven providing the homeowner occupies the single family dwelling and not sell or rent the property for a twelve (12) year period, from the work completion date. NOW THEREFORE BE IT HERBY RESOLVED BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF WEST ORANGE that WOHRP be and is hereby amended to provide that new owner occupied single family homeowner applicants, who meet the family income criteria, are eligible to obtain a non-interest bearing deferred loan up to $35,000 and allow the loan to be forgiven providing the homeowner occupies the single or multi-family dwellings and not sell or rent the property for a twelve (12) year period, from the work completion date. Karen J. Carnevale Patricia Spango Municipal Clerk Council President Adopted: May 29, 2012 E:\COAH\2012\RESOLUTION WOHRP LOAN AMT.42-23(3).doc

106-12 May 29, 2012 RESOLUTION WHEREAS, The Township of West Orange, through the West Orange Housing Rehabilitation Program (“WOHRP”), under the guidelines of the Council on Affordable Housing, offers monetary assistance to homeowners in order to enable them to correct defects in their homes and to bring them up to Property Maintenance Code standards; and WHEREAS, currently WOHRP grants owner occupied single family homeowners, who meet the family income criteria, a non-interest bearing deferred loan up to $20,000; and WHEREAS, through WOHRP numerous low and moderate income housing units within the Township of West Orange have been rehabilitated; and WHEREAS, it has recently been determined that it would be in the best interest of the Township and its residents to amend the WOHRP to allow single and multi family owners or renters new owner occupied single family homeowner applicants, who meet the family income criteria, the ability to obtain non-interest bearing deferred loans up to $35,000; and WHEREAS, further amend WOHRP to allow the loan to be forgiven providing the homeowner occupies the single family dwelling and not sell or rent the property for a twelve (12) year period, from the work completion date. NOW THEREFORE BE IT HERBY RESOLVED BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF WEST ORANGE that WOHRP be and is hereby amended to provide that new owner occupied single family homeowner applicants, who meet the family income criteria, are eligible to obtain a non-interest bearing deferred loan up to $35,000 and allow the loan to be forgiven providing the homeowner occupies the single or multi-family family dwellings and not sell or rent the property for a twelve (12) year period, from the work completion date. Karen J. Carnevale Patricia Spango Municipal Clerk Council President Adopted: May 29, 2012 E:\COAH\2012\RESOLUTION WOHRP LOAN AMT.42-23(3).doc

107-12 May 29, 2012 RESOLUTION TO APPROVE AMENDED SPENDING PLAN WHEREAS, under authorization of the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301; et seq., hereinafter the “Act”) the Township of West Orange wishes to expand its rehabilitation component, partner with the State of New Jersey for the Special Needs Partnership and implement its Affordability Assistance requirement by offering assistance for emergency repairs; and WHEREAS, the Township wishes to amend its approved spending plan to allow $1,663,292.14 for rehabilitation, $250,000 for a special needs group home and $777,341.62 for assistance for emergency repairs plus applicable administrative costs; and WHEREAS, the Township has contracted with Community Action Services to administer the expanded rehabilitation program and the assistance for emergency repairs; and WHEREAS, the Township has executed an MOU with the New Jersey Housing and Mortgage Finance Agency (HMFA) and the New Jersey Department of Human Services (DHS) for the Special Needs Partnership Program; and WHEREAS, the Township considers these projects and applicable administrative funds as committed and not subject to forfeiture because they are included in the Township’s amended Spending Plan and are the focus of executed contracts. NOW THEREFORE BE IT RESOLVED, by the Township Council of the Township of West Orange that the attached amended Spending Plan is hereby approved and that the Township Clerk is authorized to forward the amended Spending Plan to the New Jersey Council on Affordable Housing (COAH) for its approval of same; and BE IT FURTHER RESOLVED, that the Township considers the $2,690,633.76 plus administrative costs projected through 2018 are necessary to implement the above housing activities as not being in danger of forfeiture. I certify the above to be a true copy of a Resolution adopted by the Township Council of the Township of West Orange at a meeting held on May 29, 2012. ________________________________ Karen J. Carnevale Patricia Spango, Council President Township Clerk Adopted: May 29, 2012

WEST ORANGE TOWNSHIP / ESSEX COUNTY Spending Plan – Amended May 2012 INTRODUCTION West Orange Township / Essex County has prepared a Housing Element and Fair Share plan that addresses its regional fair share of the affordable housing need in accordance with the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.), the Fair Housing Act (N.J.S.A. 52:27D- 301) and the regulations of the Council on Affordable Housing (COAH) (N.J.A.C. 5:97-1 et seq. and N.J.A.C. 5:96-1 et seq.). A development fee ordinance creating a dedicated revenue source for affordable housing was approved by COAH on October 8, 1992 and adopted by the municipality on October 13, 1992. The ordinance establishes the affordable housing trust fund for which this spending plan is prepared. As of December 31, 2011, West Orange has collected $5,828,742.61, expended $3,244,344.97 resulting in a balance of $2,584,397.64. All development fees, payments in lieu of constructing affordable units on site, funds from the sale of units with extinguished controls, and interest generated by the fees are deposited in a separate interest-bearing affordable housing trust fund in Fleet Bank for the purposes of affordable housing. These funds shall be spent in accordance with N.J.A.C. 5:97-8.7-8.9 as described in the sections that follow. West Orange first petitioned COAH for substantive certification on September 24, 1991 and received prior approval to maintain an affordable housing trust fund on October 8, 1992. As of December 31, 2004, the prior round balance remaining in the affordable housing trust fund was $ 991,568.35. From January 1, 2005 through July 17, 2008, West Orange collected an additional $1,863,618.74 in development fees, payments in lieu of construction, other funds, and/or interest. From January 1, 2005 through July 17, 2008, West Orange expended funds on the affordable housing activities detailed in section 4 of this spending plan.

1. REVENUES FOR CERTIFICATION PERIOD To calculate a projection of revenue anticipated during the period of third round substantive certification, West Orange considered the following: (a) Development fees: 1. Residential and nonresidential projects which have had development fees imposed upon them at the time of preliminary or final development approvals; 2. All projects currently before the planning and zoning boards for development approvals that may apply for building permits and certificates of occupancy; and 3. Future development that is likely to occur based on historical rates of development. (b) Payment in lieu (PIL): Actual and committed payments in lieu (PIL) of construction from developers as follows: (c) Other funding sources: Funds from other sources, including, but not limited to, the sale of units with extinguished controls, repayment of affordable housing program loans, rental income, proceeds from the sale of affordable units and no other funds have been or are anticipated to be collected. (d) Projected interest: Interest on the projected revenue in the municipal affordable housing trust fund at the current average interest rate. 2

PROJECTED REVENUES – HOUSING TRUST FUND 2012 THROUGH SOURCE OF FUNDS 2018 2012 2013 2014 2015 2016 2017 2018 Total (a) Development fees: 1. Approved Development 350,000 100,000 $50,000 50,000 50,000 50,000 50,000 700,000 2. Development Pending Approval 00.00 3. Projected Development 00.00 (b) Payments in Lieu of Construction 00.00 (c) Other Funds (Specify source(s)) 00.00 (d) Interest 3,500 1,000 500 500 500 500 500 7,000 Total 707,000 West Orange projects a total of $707,000 in revenue to be collected between January 1,2012 and December 31, 2018. All interest earned on the account shall accrue to the account to be used only for the purposes of affordable housing. 3