Livingston, New Jersey
July 21, 2014
Meeting #7
The Regular meeting of the Township Council of the Township of Livingston was held on the above date at 8:00 p.m. at Town
Hall, 357 Livingston Avenue, Livingston, New Jersey. The Mayor stated that all the requirements of the “Open Public
Meetings Act” had been met. “Annual Notice” was faxed to the West Essex Tribune and the Star Ledger on January 2, 2014.
Present: Mayor Rieber; Councilmembers Anthony, Fernandez, Shapiro, Silverman; Township Manager Meade; Deputy
Township Manager Jones; Township Attorney Weiner; Township Clerk Turtletaub
Silent Meditation and Pledge of Allegiance
Mayor Rieber asked everyone to stand for a moment of silent meditation, followed by the Pledge of Allegiance.
Presentations
Essex County Update/Questions
Public Comments on Agenda Items
Nick Pulitano, 59 Billingsley Drive, asked about “W.E. Timmerman” (R-14-140). He discussed the ordinance regarding
smoking, and also stated that the “police should be doing a little more” enforcing the laws in place regarding dogs in parks.
Robert Hunter, 89 Elmwood Drive asked about environmental aspects of “ coal fired pizza” (R-14-154), and representatives
Nick Bergman and from Buckman Law Firm explained how the process uses clean- burning anthracite coal.
R-14-137 Approving Consent Agenda (Includes All Items Marked (*)
WHEREAS, the Township Council of the Township of Livingston has determined that certain items on its agenda which have
the unanimous approval of all Council Members and do not require comments shall be termed the “Consent Agenda”; and;
WHEREAS, the Township Council has determined that to increase its efficiency, the Consent Agenda shall be adopted with
one resolution;
NOW THEREFORE, BE IT RESOLVED by the Township Council that the items on the regular agenda for July 21, 2014,
attached hereto, which are preceded by “*” are the Consent Agenda and are hereby accepted, approved and/or adopted.
Councilmember Anthony moved approval of the Resolution. This was seconded by Councilmember Shapiro. On roll call, all
members present voted YES.
Approval of Minutes
June 9, 2014
Approval of Licenses
Final Hearing Ordinances
Proposed Ordinances
a) Ord. 16-2014 Revisions to Ch. 257, Art. II Smoking in Township Facilities
ORDINANCE OF THE TOWNSHIP OF LIVINGSTON AMENDING AND REVISING CHAPTER 257, ARTICLE II—SMOKING IN
TOWNSHIP FACILITIES was read by title and introduced on first reading. On motion of Councilmember Fernandez, seconded by
Councilmember Anthony and on roll call vote, all members present voted YES. It was ordered advertised according to law, to come up
for public hearing second reading and final consideration at a Regular Meeting of the Township Council on Monday, August 18, 2014.
b) Ord. 17-2014 Amending Sec. 251-5 (Connection to sanitary sewer required) and adding Sec. 251-20 (“Septic Management”), and
renumbering Sec. 251-11 (Violations and penalties)
ORDINANCE OF THE TOWNSHIP OF LIVINGSTON AMENDING AND REVISING CHAPTER 251 SEWERS
was read by title. On motion of Councilmember Fernandez, seconded by Councilmember Anthony and on roll call vote, all members
present voted YES. It was ordered advertised according to law, to come up for public hearing second reading and final consideration at
a Regular Meeting of the Township Council on Monday, August 18, 2014.
Resolutions
a) R-14-131 Award of Contract to Community Grants, Planning & Housing
WHEREAS, the Township of Livingston has a need to acquire professional affordable housing services and rehabilitation
services pursuant to the provisions of N.J.S.A. 19:44A-20.4 and 20.5; and,
WHEREAS, the Township Manager has determined and certified in writing that the value of the acquisition will exceed
$17,500; and,
WHEREAS, Community Grants, Planning & Housing has completed and submitted a Business Entity Disclosure Certification
which certifies that Community Grants, Planning & Housing has not made any reportable contributions to a political or candidate
committee in the Township of Livingston in the previous one year, and that the contract will prohibit Community Grants, Planning &
Housing from making any reportable contributions through the term of the contract, and
WHERAS, the Planning Administrator and Municipal Housing Liaison recommends that the Township proceed with
professional affordable housing services and rehabilitation services in an amount not to exceed $39,000.00; and
WHEREAS, the Township Manager is recommending the award of a contract to Community Grants, Planning & Housing to
provide professional affordable housing services and rehabilitation services as required by the Township in an amount not to exceed
$39,000.00; and
WHEREAS, the Chief Financial Officer has certified that funding is available in trust account T-14-55-850-020-414.
NOW THEREFORE, BE IT RESOLVED that the Township Council of the Township of Livingston authorizes the Township
Manager to enter into a contract with Community, Grants, Planning & Housing in an amount not to exceed $39,000.00 as described
herein; and,
BE IT FURTHER RESOLVED that the Business Disclosure Entity Certification and the Determination of Value be placed on
file with this resolution.
BE IT FURTHER RESOLVED that a notice of this action shall be printed in the West Essex Tribune as required by law within
ten (10) days of its passage.
b) R-14-138 Amend Adopted 2014 Budget to Include Special Items of Revenue and Appropriation Not Determined at the Time of
Budget Adoption
WHEREAS, N.J.S. 40A:4-87 provides that the Director of the Division of Local Government Services may approve the
insertion of any special item of revenue in the budget of any county or municipality when such item shall have been made available by
law and the amount thereof was not determined at the time of the adoption of the municipal budget; and
WHEREAS, said Director may also approve the insertion of an item of appropriation for an equal amount; and
WHEREAS, the Township will receive the revenues specified below and wishes to amend its 2014 Municipal Budget to include
these amounts as revenues;
NOW, THEREFORE, BE IT RESOLVED, that the Township Council of the Township of Livingston does hereby request the
Director of the Division of Local Government Services to approve the insertion of the following items of revenues in the 2014 Municipal
Budget:
Miscellaneous Revenues
Special Items of General Revenue Anticipated with prior
written consent of Director of Local Government Services
Public and Private Programs Offset by Revenues:
Hazard Mitigation Grant – Energy Allocation Initiative
Emergency Management-Homeland Security Grant Program
$ 140,000.00
$
5,000.00
$ 145,000.00
BE IT FURTHER RESOLVED that a like sum be and the same is hereby appropriated under the captions of:
General Appropriations
(A) Operations Excluded from “CAPS”
Public and Private Programs Offset by Revenues:
Hazard Mitigation Grant – Other Expenses
$ 140,000.00
Homeland Security Grant – Other Expenses
$
5,000.00
$ 145,000.00
BE IT FURTHER RESOLVED that two certified copies of this resolution be forwarded to the Director, Division of Local Government
Services.
c) R-14-139 Authorizing a Contract with Tony’s Concrete Construction Company
WHEREAS, the Township of Livingston (“Township”) has a need for town-wide reconstruction of granite block curbing that
cannot otherwise be performed by its regular employees; and
WHEREAS, on April 24, 2014, the Township of Livingston issued Bid No. 011-2014, as an open ended contract, to solicit bids
from contractors experienced in granite block curbing; and
WHEREAS, the bid was advertised on the Township of Livingston website and West Essex Tribune on April 24, 2014 and as a
result eleven (11) bid packages were requested and mailed; and
WHEREAS, on May 14, 2014, three (3) bids were received by the bid deadline and publicly read; and
WHEREAS, Tony’s Concrete Construction Company, Inc. was identified as the lowest responsive and responsible bidder
whose bid meets all of the requirements of the bid specifications, complies with the requirements of N.J.S.A. 10:5-31 et seq. and
N.J.S.A. 17:27 et seq., is responsive and responsible; and
WHEREAS, Tony’s Concrete Construction Company, Inc. submitted a unit price of $29.50 per linear foot for curbing and
$50.00 per square yard for driveways; and
WHEREAS, the Superintendent of Public Works has evaluated the proposal for qualifications, experience, and cost
reasonableness, and recommends the award of a contract to Tony’s Concrete Construction Company, Inc.; and
WHEREAS, the Township Manager is recommending the award of a contract to Tony’s Concrete Construction Company, Inc.
in an amount not to exceed $45,000.00; and
WHEREAS, the Chief Financial Officer has certified that funding is available in account C-04-55-014-007-01A.
NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of Livingston, in the County of Essex,
State of New Jersey, that it authorizes the Township Manager to enter into a contract with Tony’s Concrete Construction Company, Inc.
in an amount not to exceed $45,000.00.
d) R-14-140 Authorizing a Contract with W. E. Timmerman Company Inc.
WHEREAS, the Township of Livingston (“Township”) has a need to purchase two broom street sweepers with belt conveyors;
and
WHEREAS, on May 22, 2014, the Township of Livingston issued Bid No. 014-2014, to solicit bids from companies that furnish
street sweepers; and
WHEREAS, the bid was advertised on the Township of Livingston website and West Essex Tribune on May 22, 2014 and as a
result five (5) bid packages were requested and mailed; and
WHEREAS, on June 18, 2014, one (1) bid was received by the bid deadline and publicly read; and
WHEREAS, W.E. Timmerman Company, Inc. was identified as the lowest responsive and responsible bidder whose bid meets
all of the requirements of the bid specifications, complies with the requirements of N.J.S.A. 10:5-31 et seq. and N.J.S.A. 17:27 et seq.;
and
WHEREAS, N.J.S.A. 40A:11-36(7) allows for the inclusion of the sale of personal property no longer needed for public use as
part of the specifications to offset the price of a new purchase and the Township of Livingston has determined that a 2005 Pelican P4644-D and a 2005 Pelican P-4645-D are no longer needed for public use; and
WHEREAS, the Township Manager is recommending the award of a contract to W.E. Timmerman Company, Inc. in an
amount not to exceed $382,000.00 which includes the trade-in of the 2005 Pelican P-4644-D and 2005 Pelican P-2645-D; and
WHEREAS, the Superintendent of Public Works has evaluated the proposal for qualifications, experience, and cost
reasonableness, and recommends the award of a contract to W.E. Timmerman Company, Inc.; and
WHEREAS, the Township Manager is recommending the award of a contract to W.E. Timmerman Company, Inc. in an
amount not to exceed $382,000.00; and
WHEREAS, the Chief Financial Officer has certified that funds are available in account C-04-55-014-007-06A.
NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of Livingston, in the County of Essex,
State of New Jersey, that it authorizes the Township Manager to enter into a contract with W.E. Timmerman Company, Inc. in an
amount not to exceed $382,000.00.
e) R-14-141Accepting ROID Grant
Whereas, the Township of Livingston desires to apply for and obtain a grant from the New Jersey Department of Community Affairs for
approximately $15,000 to carry out a project to provide recreational activities for school age children with special needs;
Be it therefore RESOLVED,
1) that the Township of Livingston does hereby authorize the application for such a grant; and,
2) recognizes and accepts that the Department may offer a lesser or greater amount and therefore, upon receipt of the grant agreement
from the New Jersey Department of Community Affairs, does further authorize the execution of any such grant agreement; and also,
upon receipt of the fully executed agreement from the Department, does further authorize the expenditure of funds pursuant to the
terms of the agreement between Township of Livingston and the New Jersey Department of Community Affairs.
Be it further RESOLVED, that the persons whose names, titles, and signatures appear below are authorized to sign the application,
and that they or their successors in said titles are authorized to sign the agreement and any other documents necessary in connection
therewith.
f) R-14-142 Authorizing Contract with Mooney-General Paper Company
WHEREAS, the Township of Livingston (“Township”) has a need to purchase janitorial supplies for the Division of Public
Works; and
WHEREAS, on May 8, 2014, the Township of Livingston issued Bid No. 013-2014 as an open-ended contract, to solicit bids
from companies that provide janitorial supplies; and
WHEREAS, the bid was advertised on the Township of Livingston website and West Essex Tribune on May 8, 2014 and as a
result sixteen (16) bid packages were requested and mailed; and
WHEREAS, on June 4, 2014, eight (8) bids were received by the bid deadline and publicly read; and
WHEREAS, Mooney General Paper Company was identified as the lowest responsive and responsible bidder for Category A
items 4, 6 & 13; Category B Items 10-11 & 13-14; and Category C items 1, 3-7 whose bid meets all of the requirements of the bid
specifications, complies with the requirements of N.J.S.A. 10:5-31 et seq. and N.J.S.A. 17:27 et seq., is responsive and responsible;
and
WHEREAS, Mooney General Paper Company’s schedule of pricing is attached; and
WHEREAS, the Public Works Superintendent has evaluated the proposal for qualifications, experience, and cost
reasonableness, and recommends the award of a contract to Mooney General Paper Company; and
WHEREAS, the Township Manager is recommending the award of a twenty-four (24) month contract to Mooney General
Paper Company; and
WHEREAS, prior to incurring the liability by placing the order, the certification of availability of funds shall be made by the chief
financial officer, as appropriate, per N.J.A.C. 5:30-5.5 (b) 2; and
NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of Livingston, in the County of Essex,
State of New Jersey, that it authorizes the Township Manager to enter into a twenty-four (24) month contract with Mooney General
Paper Company.
g) R-14-143 Authorizing Contract with Spruce Industries
WHEREAS, the Township of Livingston (“Township”) has a need to purchase janitorial supplies for the Division of Public
Works; and
WHEREAS, on May 8, 2014, the Township of Livingston issued Bid No. 013-2014 as an open-ended contract, to solicit bids
from companies that provide janitorial supplies; and
WHEREAS, the bid was advertised on the Township of Livingston website and West Essex Tribune on May 8, 2014 and as a
result sixteen (16) bid packages were requested and mailed; and
WHEREAS, on June 4, 2014, eight (8) bids were received by the bid deadline and publicly read; and
WHEREAS, Spruce Industries was identified as the lowest responsive and responsible bidder for Category A items 2-3, 7-10,
17 & 20-24 and Category C Item 2 whose bid meets all of the requirements of the bid specifications, complies with the requirements of
N.J.S.A. 10:5-31 et seq. and N.J.S.A. 17:27 et seq., is responsive and responsible; and
WHEREAS, Spruce Industries’ schedule of pricing is attached; and
WHEREAS, the Public Works Superintendent has evaluated the proposal for qualifications, experience, and cost
reasonableness, and recommends the award of a contract to Spruce Industries; and
WHEREAS, the Township Manager is recommending the award of a twenty-four (24) month contract to Spruce Industries; and
WHEREAS, prior to incurring the liability by placing the order, the certification of availability of funds shall be made by the chief
financial officer, as appropriate, per N.J.A.C. 5:30-5.5 (b) 2; and
NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of Livingston, in the County of Essex,
State of New Jersey, that it authorizes the Township Manager to enter into a twenty-four (24) month contract with Spruce Industries.
h) R-14-144 Authorizing Contract with Interline Brands d/b/a AmSam
WHEREAS, the Township of Livingston (“Township”) has a need to purchase janitorial supplies for the Division of Public
Works; and
WHEREAS, on May 8, 2014, the Township of Livingston issued Bid No. 013-2014 as an open-ended contract, to solicit bids
from companies that provide janitorial supplies; and
WHEREAS, the bid was advertised on the Township of Livingston website and West Essex Tribune on May 8, 2014 and as a
result sixteen (16) bid packages were requested and mailed; and
WHEREAS, on June 4, 2014, eight (8) bids were received by the bid deadline and publicly read; and
WHEREAS, Interline Brands d/b/a AmSam was identified as the lowest responsive and responsible bidder for Category A item
5, 12, 16 & 18 Category B Items 4-5 and 12 whose bid meets all of the requirements of the bid specifications, complies with the
requirements of N.J.S.A. 10:5-31 et seq. and N.J.S.A. 17:27 et seq., is responsive and responsible; and
WHEREAS, Interline Brands d/b/a AmSam’s schedule of pricing is attached; and
WHEREAS, the Public Works Superintendent has evaluated the proposal for qualifications, experience, and cost
reasonableness, and recommends the award of a contract to Interline Brands d/b/a AmSam; and
WHEREAS, the Township Manager is recommending the award of a twenty-four (24) month contract to Interline Brands d/b/a
AmSam; and
WHEREAS, prior to incurring the liability by placing the order, the certification of availability of funds shall be made by the chief
financial officer, as appropriate, per N.J.A.C. 5:30-5.5 (b) 2; and
NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of Livingston, in the County of Essex,
State of New Jersey, that it authorizes the Township Manager to enter into a twenty-four (24) month contract with Interline Brands d/b/a
AmSam.
i) R-14-145 Authorizing Contract with Interboro Packaging Corp.
WHEREAS, the Township of Livingston (“Township”) has a need to purchase janitorial supplies for the Division of Public
Works; and
WHEREAS, on May 8, 2014, the Township of Livingston issued Bid No. 013-2014 as an open-ended contract, to solicit bids
from companies that provide janitorial supplies; and
WHEREAS, the bid was advertised on the Township of Livingston website and West Essex Tribune on May 8, 2014 and as a
result sixteen (16) bid packages were requested and mailed; and
WHEREAS, on June 4, 2014, eight (8) bids were received by the bid deadline and publicly read; and
WHEREAS, Interboro Packaging Corp. was identified as the lowest responsive and responsible bidder for Category B Item 8
whose bid meets all of the requirements of the bid specifications, complies with the requirements of N.J.S.A. 10:5-31 et seq. and
N.J.S.A. 17:27 et seq., is responsive and responsible; and
WHEREAS, Interboro Packaging Corp.’s schedule of pricing is attached; and
WHEREAS, the Public Works Superintendent has evaluated the proposal for qualifications, experience, and cost
reasonableness, and recommends the award of a contract to Interboro Packaging Corp; and
WHEREAS, the Township Manager is recommending the award of a twenty-four (24) month contract to Interboro Packaging
Corp.; and
WHEREAS, prior to incurring the liability by placing the order, the certification of availability of funds shall be made by the chief
financial officer, as appropriate, per N.J.A.C. 5:30-5.5 (b) 2; and
NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of Livingston, in the County of Essex,
State of New Jersey, that it authorizes the Township Manager to enter into a twenty-four (24) month contract with Interboro Packaging
Corp.
j) R-14-146 Authorizing Contract with Central Poly Corp.
WHEREAS, the Township of Livingston (“Township”) has a need to purchase janitorial supplies for the Division of Public
Works; and
WHEREAS, on May 8, 2014, the Township of Livingston issued Bid No. 013-2014 as an open-ended contract, to solicit bids
from companies that provide janitorial supplies; and
WHEREAS, the bid was advertised on the Township of Livingston website and West Essex Tribune on May 8, 2014 and as a
result sixteen (16) bid packages were requested and mailed; and
WHEREAS, on June 4, 2014, eight (8) bids were received by the bid deadline and publicly read; and
WHEREAS, Central Poly Corporation was identified as the lowest responsive and responsible bidder for Category B Items 7 &
9 whose bid meets all of the requirements of the bid specifications, complies with the requirements of N.J.S.A. 10:5-31 et seq. and
N.J.S.A. 17:27 et seq., is responsive and responsible; and
WHEREAS, Central Poly Corporation’s schedule of pricing is attached; and
WHEREAS, the Public Works Superintendent has evaluated the proposal for qualifications, experience, and cost
reasonableness, and recommends the award of a contract to Central Poly Corporation; and
WHEREAS, the Township Manager is recommending the award of a twenty-four (24) month contract to Central Poly
Corporation; and
WHEREAS, prior to incurring the liability by placing the order, the certification of availability of funds shall be made by the chief
financial officer, as appropriate, per N.J.A.C. 5:30-5.5 (b) 2; and
NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of Livingston, in the County of Essex,
State of New Jersey, that it authorizes the Township Manager to enter into a twenty-four (24) month contract with Central Poly
Corporation.
k) R-14-147 Authorizing Contract with Term Enterprises, Inc. d/b/a Allen Paper & Supply Co.
WHEREAS, the Township of Livingston (“Township”) has a need to purchase janitorial supplies for the Division of Public
Works; and
WHEREAS, on May 8, 2014, the Township of Livingston issued Bid No. 013-2014 as an open-ended contract, to solicit bids
from companies that provide janitorial supplies; and
WHEREAS, the bid was advertised on the Township of Livingston website and West Essex Tribune on May 8, 2014 and as a
result sixteen (16) bid packages were requested and mailed; and
WHEREAS, on June 4, 2014, eight (8) bids were received by the bid deadline and publicly read; and
WHEREAS, Term Enterprises, Inc. d/b/a Allen Paper and Supply Co. was identified as the lowest responsive and responsible
bidder for Category A Items 1, 11, 14-15, 19 & 25-26 and Category B Items 1-3 & 6 whose bid meets all of the requirements of the bid
specifications, complies with the requirements of N.J.S.A. 10:5-31 et seq. and N.J.S.A. 17:27 et seq., is responsive and responsible;
and
WHEREAS, Term Enterprises, Inc. d/b/a Allen Paper and Supply Co.’s schedule of pricing is attached; and
WHEREAS, the Public Works Superintendent has evaluated the proposal for qualifications, experience, and cost
reasonableness, and recommends the award of a contract to Term Enterprises, Inc. d/b/a Allen Paper and Supply Co.; and
WHEREAS, the Township Manager is recommending the award of a twenty-four (24) month contract to Term Enterprises, Inc.
d/b/a Allen Paper and Supply Co.; and
WHEREAS, prior to incurring the liability by placing the order, the certification of availability of funds shall be made by the chief
financial officer, as appropriate, per N.J.A.C. 5:30-5.5 (b) 2; and
NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of Livingston, in the County of Essex,
State of New Jersey, that it authorizes the Township Manager to enter into a twenty-four (24) month contract with Term Enterprises,
Inc. d/b/a Allen Paper and Supply Co.
l) R-14-148 Auth. Approval of Change Order No. 1 & Final with JAK Constr. Corp. t/a Diamond Constr.
WHEREAS, the Township Council of the Township of Livingston entered into a contract (“Contract”) with JAK Construction
Corp. T/A Diamond Construction for the South Livingston Avenue Sidewalk Improvements and Belmont Drive Sidewalk Ramps; and
WHEREAS, the initial Contract was not to exceed Seventy-Seven Thousand, Nine Hundred Twenty-Six Dollars and Ninety
Cents ($77,926.90); and
WHEREAS, due field conditions resulting in additional sidewalk reconstruction, a Change Order has been requested for the
following:
A.
SUPPLEMENTAL
Concrete Sidewalk, 4” Thick
$8,237.25
B.
Detectable Warning Surface
Concrete Curb (Full Face & Depressed at ADA Curb Ramps)
Concrete Sidewalk, 4” Thick – Alt. Bid
Concrete Curb (Full Face & Depressed at ADA Curb Ramps) – Alt. Bid
Total
REDUCTIONS
Concrete Sidewalk, Reinforced, 6” Thick
Granite Block Curb
Traffic Stripes, Long Life, Thermoplastic, 6” Width
Hot Mix Asphalt Sidewalk, 4” Thick (As Needed for Restoration)–Alt. Bid
Detectable Warning Surface – Alt. Bid
Granite Block Curb – Alt. Bid
Traffic Stripes, Long Life, Thermoplastic, 6” Width – Alt. Bid
Traffic Stripes, Long Life, Thermoplastic, 12” Width – Alt. Bid
Traffic Markings, Thermoplastic – Alt. Bid
Removal of Traffic Stripes – Alt. Bid
Removal of Traffic Markings – Alt. Bid
Total
$240.00
$1,391.25
$9,846.72
$8,460.00
$28,175.22
-$1,006.56
-$150.00
-$1,800.00
-$150.00
-$250.00
-$6,250.00
-$2,081.25
-$2,000.00
-$600.00
-$1,925.00
-$30.00
$16,242.81
WHEREAS, the total change order increases the contract amount by 15.31% or $11,932.41 making the new contract sum
$89,859.31; and
WHEREAS, this Change Order has been recommended by Jeannette Harduby, Assistant Township Engineer and Michele
Meade, Township Manager; and
WHEREAS, the Chief Financial Officer has certified that funds are available in capital account C-04-55-013-014-001; and
NOW, THEREFORE, BE IT RESOLVED, the Township Council of the Township of Livingston, Essex County, approves the
execution and payment of Change Order Number One and Final to the Contract with JAK Construction Corp. T/A Diamond
Construction for the South Livingston Avenue Sidewalk Improvements and Belmont Drive Sidewalk Ramps; that this resolution is
without prejudice to any rights of the Township of Livingston, that the Township has, had, or may have to charge back or to seek cost of
said change orders from third-party and the Township hereby reserves all of its rights hereto.
BE IT FURTHER RESOLVED that a copy of this resolution shall be published in the West Essex Tribune as required by law.
m) R-14-149 Authorizing Contract with Suburban Consulting Engineers
WHEREAS, the Township of Livingston has a need to acquire professional engineering services for water system planning
and water system improvements to Water Storage Tank Number One and the Fawn Drive Tank pursuant to the provisions of N.J.S.A.
19:44A-20.4 and 20.5; and
WHEREAS, the Township Manager has determined and certified in writing that the value of the acquisition will exceed
$17,500; and
WHEREAS, the Township of Livingston solicited five proposals from companies qualified to perform the water system planning
and water system improvements to Water Storage Tank Number One and the Fawn Drive Tank;
WHEREAS, the Township of Livingston received five proposals on June 25, 2014; and
WHEREAS, Suburban Consulting Engineers, Inc. submitted the lowest price proposal; and
WHEREAS, Suburban Consulting Engineers, Inc. has completed and submitted a business Entity Disclosure Certification
which certifies that Suburban Consulting Engineers, Inc. has not made any reportable contributions to a political or candidate committee
in the Township of Livingston in the previous one year, and that the contract will prohibit Suburban Consulting Engineers, Inc. from
making any reportable contributions through the term of the contract, and
WHEREAS, the Township Manager is recommending the award of a contract to Suburban Consulting Engineers, Inc. to
provide professional engineering services for water system planning and water system improvements to Water Storage Tank Number
One and the Fawn Drive Tank as required by the Township in an amount not to exceed $125,190.00; and,
WHEREAS, the Chief Financial Officer has certified that funds are available in capital account C-06-55-013-012-003; and
NOW THEREFORE, BE IT RESOLVED that the Township Council of the Township of Livingston authorizes the Township
Manager to enter into a contract with Suburban Consulting Engineers, Inc. in an amount not to exceed $125,190.00 as described
herein; and
BE IT FURTHER RESOLVED that the Business Disclosure Entity Certification and the Determination of Value be Placed on
file with this resolution.
BE IT FURTHER RESOLVED that a notice of this action shall be printed in the West Essex Tribune as required by law within
ten (10) days of its passage.
n) R-14-150 Authorizing Contract Extension with All J’s Mechanical LLC
WHEREAS, on August 6, 2012 the Township Council of the Township of Livingston authorized the Township Manager to enter
into a twenty-four (24) month open ended contract with All J’s Mechanical, LLC for the maintenance and repair of heating, ventilating
and air conditioning (HVAC) Systems; and
WHEREAS, pursuant to 40A: 11-15, the Township will extend its existing contract for an additional one-year with All J’s
Mechanical, LLC at the same prices bid; and
WHEREAS, All J’s Mechanical, LLC schedule of pricing is attached; and
WHEREAS, the Superintendent of Public Works is recommending a one-year extension of the contract with All J’s
Mechanical, LLC at the same prices bid; and
WHEREAS, the Township Manager is recommending a one-year extension of the contract with All J’s Mechanical, LLC at the
same prices bid; and
WHEREAS, prior to incurring the liability by placing the order, the certification of availability of funds shall be made by the chief
financial officer, as appropriate, per N.J.A.C. 5:30-5.5 (b) 2; and
NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of Livingston, in the County of Essex,
State of New Jersey, that it authorizes the Township Manager to extend the contract with All J’s Mechanical, LLC for one-year.
o) R-14-151 Authorizing a Contract with Allied Construction Group, Inc.
WHEREAS, the Township of Livingston (“Township”) has a need for the replacement of the Naylon Avenue and Cedar Hill
pump station control panels that cannot otherwise be performed by its regular employees; and
WHEREAS, on May 15, 2014, the Township of Livingston issued Bid No. 012-2014, to solicit bids from contractors
experienced in the replacement of pump station control panels; and
WHEREAS, the bid was advertised on the Township of Livingston website and West Essex Tribune on May 15, 2014 and as a
result twenty-four (24) bid packages were requested and mailed; and
WHEREAS, on July 1, 2014, five (5) bids were received by the bid deadline and publicly read; and
WHEREAS, Allied Construction Group, Inc. was identified as the lowest responsive and responsible bidder whose bid meets
all of the requirements of the bid specifications, complies with the requirements of N.J.S.A. 10:5-31 et seq. and N.J.S.A. 17:27 et seq.;
and
WHEREAS, the Consulting Engineer and the Superintendent of the Water Pollution Control Facility have evaluated the
proposal for qualifications, experience, and cost reasonableness, and recommend the award of a contract to Allied Construction Group,
Inc.; and
WHEREAS, the Township Manager is recommending the award of a contract to Allied Construction Group, Inc. in an amount
not to exceed $128,700.00; and
WHEREAS, the Chief Financial Officer has certified that funds are available in account C-09-55-013-013-001.
NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of Livingston, in the County of Essex,
State of New Jersey, that it authorizes the Township Manager to enter into a contract with Allied Construction Group, Inc. in an amount
not to exceed $128,700.00.
p) R-14-152 Establishing Technical Review Fees for Commercial Applicants and Minor and Major Residential Subdivision and Site Plan
Applicants
BE IT RESOVED, by the Township Council of the Township of Livingston, County of Essex, State of New
Jersey, that the following shall be established for technical review fees for commercial applicants and minor
and major residential subdivision and site plan applicants effective May 1, 2014; and
BE IT FURTHER RESOLVED, that an escrow fee deposit shall not be collected from residential applicants
that do not require site plan or subdivision review.
a. Attorneys for Planning Board and Zoning Board of Adjustment
The following fees and charges are hereby fixed and established for the attorney for the Planning Board and
the attorney for the Zoning Board of Adjustment. Applicants shall be assessed technical review fees at the
rate of $185.00 per hour for the following services:

Attendance at all meetings of the Board, regular as well as special meetings.

Attendance at site visits by the Board

Preparation of Resolutions, the findings and decisions of the Board

Preparation of Orders or Subpoenas of the Board
 Research and preparation of legal advice to the Board when the Board has determined that an application
before it presents issues not commonly considered by the Board or when an issue arises as to which the
attorney cannot advise without conducting research
 Meetings, conferences, telephonic or other communications with attorneys for applicants
 Representation of the Board in litigation, or assistance to the attorney representing the Township of
Livingston when the Township is a party to litigation; including preparation of pleadings, court appearances,
research, discovery, travel, negotiations, and other customary services
b. Township Personnel.
Applicants shall be assessed technical review fees at the following rates.
Title
Township Engineer
Assistant Engineer
Junior Engineer
Land Use Administrator
Staff Planner
Planning Assistant
Public Works Inspector
Zoning Official
Amount to be paid by applicant
(200% of hourly salary)
$166.00
100.00
57.00
88.00
70.00
59.00
64.00
128.00
These fees shall be assessed for the following services:






Attendance at all regular and special Planning Board and Zoning Board meetings including site visits
Attendance at meetings of the Technical Review Advisory Committee
Review of all material submitted in support of an application, including preparation of memos
Preparation for all meetings, including preparation of memos
Follow up after meetings, including preparation of memos
Consultation with applicant, including applicant’s attorney, engineer, architect, planner or other expert
witnesses
 Consultation with board attorney and board members on legal or other issues related to application
BE IT FURTHER RESOLVED, that a copy of this Resolution shall be published in the West Essex Tribune.
q) R-14-153 SYLS Updated Program Fees
WHEREAS, in accordance with ordinance No. 44-1997, the Township Council is authorized to adopt by resolution program fees;
and
WHEREAS, the Director of Senior, Youth & Leisure Services has requested the attached fees be enacted effective July 21,
2014;
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Livingston that effective July 21, 2014, the
Department of Senior, Youth & Leisure Services is authorized to charge fees as set forth in this resolution.
r) R-14-154 Person-to-Person and Place-to-Place Transfer of Alcohol Beverage Control License
WHEREAS, Anthony’s Coal Fired Pizza of Livingston, LLC has applied for a Person-to-Person and Place-to-Place Transfer of
inactive Plenary Retail Consumption License No. 0710-33-02-0009 presently held by Livingston Town Center Liquor License, LLC;
and
WHEREAS, a letter has been received from Livingston Town Center Liquor License, LLC consenting to the transfer; and
WHEREAS, the principal, Anthony Bruno, president of Anthony’s Coal Fired Pizza of Livingston, LLC has been investigated by the
proper authorities and all fees paid; and
WHEREAS, the pending transfer was advertised in the West Essex Tribune on March 20 and 27, 2014 and no complaints have been
filed with the Township Clerk.
NOW, THEREFORE, BE IT RESOLVED that the above-mentioned Person-to-Person and Place-to-Place Transfer is hereby approved
effective immediately.
BE IT FURTHER RESOLVED that a certified copy of the resolution is forwarded to the Director of the
New Jersey Division of Alcoholic Beverage Control.
s) R-14-155 Person-to-Person and Place-to-Place Transfer of Alcohol Beverage License
WHEREAS, Beverage Department, LLC has applied for a Person-to-Person and Place-to-Place transfer of Plenary Retail Distribution
License No. 0710-44-007-010; and
WHEREAS, a letter has been received from Marc Dworkin, President of CJKRS, Inc. (Nana’s) consenting to the transfer; and
WHEREAS, the proposed location of the Place-to-Place transfer of this license is to 225 So. Livingston Ave., Livingston, NJ (inside
King’s Supermarket); and
WHEREAS, the principal in the application, Stephen Carpentier, has been investigated by the proper authorities and all fees paid; and
WHEREAS, the pending transfer was advertised in the West Essex Tribune on June 19 and 26, 2014, and no complaints have been
filed with the Township Clerk.
NOW, THEREFORE, BE IT RESOLVED that the above-mentioned Person-to-Person and Place-to-Place transfer is hereby approved
effective immediately.
BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Director of the New Jersey Division of Alcoholic
Beverage Control.
t) R-14-156 State Cooperative Purchasing Agreement
WHEREAS, the Township of Livingston, pursuant to N.J.S.A. 40A:11-12(a) and N.J.A.C. 5:34-7.29(c) may by resolution and
without advertising for bids, purchase any goods or services under the State of New Jersey Cooperative Purchasing Program for any
State contracts entered into on behalf of the State by the Division of Purchase and Property in the Department of Treasury; and,
WHEREAS, the Township of Livingston has the need on a timely basis to purchase goods or services utilizing State contracts;
and
WHEREAS, the Township of Livingston intends to enter into contracts with the attached referenced State contract vendors
through this resolution and properly executed purchase orders, which shall be subject to all the conditions applicable to current State
contracts.
NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Livingston authorizes the purchase of
certain goods and services from those approved New Jersey State contract vendors on the attached list, pursuant to all the conditions
of the individual State contracts; and
BE IT FURTHER RESOLVED by the Township Council that, pursuant to the N.J.A.C. 5:30-5.5(b), the certification of available
funds shall be certified at such time as the goods or services are called for prior to placing the order, and a certification of availability of
funds is made by the Chief Financial Officer via an authorized purchase order; and
BE IT FURTHER RESOLVED that the duration of this authorization shall be until December 3l, 2014 or upon the expiration of
the vendors' contract, whichever event first occurs.
u) R-14-157 Authorizing Purchases Under Morris County Cooperative Purchasing Program
WHEREAS, the Township of Livingston, pursuant to N.J.S.A. 40A:11-11(5) and N.J.A.C. 5:34-7.1 et seq. may by resolution
and without advertising for bids, purchase any goods or services under a County Cooperative Pricing System of which the Township is
a member; and,
WHEREAS, the Township of Livingston is a member of the Morris County Cooperative Pricing System and has the need on a
timely basis to purchase goods or services using those contracts; and
WHEREAS, the Township of Livingston intends to enter into contracts with the attached referenced County contract vendors
through this resolution and properly executed purchase orders as needed, which shall be subject to all the conditions applicable to
current County contracts.
NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Livingston authorizes the purchase of
certain goods and services from those approved Morris County Cooperative Pricing System vendors on the attached list, pursuant to all
the conditions of the individual County contracts; and
BE IT FURTHER RESOLVED by the Township Council that, pursuant to the N.J.A.C. 5:30-5.5(b), the certification of available
funds shall be certified at such time as the goods or services are called for prior to placing the order, and a certification of availability of
funds is made by the Chief Financial Officer via an authorized purchase order; and
BE IT FURTHER RESOLVED that the duration of this authorization shall be until December 31, 2014 or upon the expiration of
the vendors' contract, whichever event first occurs.
v) R-14-158 Authorizing Purchases under Middlesex County Coooperative Purchasing Program
WHEREAS, the Township of Livingston, pursuant to N.J.S.A. 40A:11-11(5) and N.J.A.C. 5:34-7.1 et seq. may by resolution
and without advertising for bids, purchase any goods or services under a County Cooperative Pricing System of which the Township is
a member; and,
WHEREAS, the Township of Livingston is a member of the Middlesex County Cooperative Pricing System and has the need
on a timely basis to purchase goods or services using those contracts; and
WHEREAS, the Township of Livingston intends to enter into contracts with the attached referenced County contract vendors
through this resolution and properly executed purchase orders as needed, which shall be subject to all the conditions applicable to
current County contracts.
NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Livingston authorizes the purchase of
certain goods and services from those approved Middlesex County Cooperative Pricing System vendors on the attached list, pursuant
to all the conditions of the individual County contracts; and
BE IT FURTHER RESOLVED by the Township Council that, pursuant to the N.J.A.C. 5:30-5.5(b), the certification of available
funds shall be certified at such time as the goods or services are called for prior to placing the order, and a certification of availability of
funds is made by the Chief Financial Officer via an authorized purchase order; and
BE IT FURTHER RESOLVED that the duration of this authorization shall be until December 31, 2014 or upon the expiration of
the vendors' contract, whichever event first occurs.
Councilmember Shapiro moved approval of Resolutions R-14-131 through R-14-159, inclusive. This was seconded by Councilmember
Anthony. On roll call vote, all members present voted YES, except that Councilmember Silverman recused himself from the vote on R14-142.
Public Comment
Margie Rieger, 190 E. Northfield Rd., distributed a packet of documents to each councilmember, asking them to “read the Table of
Contents”, stated that it addressed what she described as “Illegal business,” and advised that “next time I will ask for opinions on what I
gave you”. Ms. Rieger also gave each Councilmember a batch of papers clipped together, addressing cars been parked at 184 E.
Northfield Rd. She also read and responded to a letter she had just received from Martin Chiariolanzio.
Nick Pulitano, 59 Billingsley Drive, discussed trees planted on Northfield Road, addressed residents who put out their garbage on the
wrong pick-up date, noting that he has called the police to complain. The Mayor suggested a letter be sent from the township to those
residents, and Mr. Pulitano stated he would provide their addresses. Mr. Pulitano also discussed signage on trucks parked in residential
neighborhoods.
Bob Hunter, 89 Elmwood Drive, discussed former New York City Mayor Bloomberg’s response to issue of gun violence. He also
commented on the number of houses in town which were run down and not maintained, and stated that “nobody’s enforcing” the
township ordinance against governing these situations. Manager Meade responded that there are procedures in place that do to
address these homes, and explained why it can take time to resolve such matters. Mr. Hunter inquired as to responsibility for street
lights, and Manager Meade explained that PSEG takes care of those lights, and asked Mr. Hunter for specific addresses where lights
and poles were problematic; Mr. Hunter stated that he would provide those house numbers.
Remarks by Mayor and Members of the Council
Adjournment
At 8:45 p.m., the Regular Meeting adjourned.
Michael Rieber
Mayor
Glenn R. Turtletaub
Township Clerk
GRT