Livingston, New Jersey
August 18, 2014
Meeting #8
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
Walter LeVine, 345 Walnut Street and Heidi Cislo spoke on behalf of the Livingston Education Foundation, highlighting the 5th Annual Hall of Fame event, naming this year’s honorees.
Essex County Update/Questions\
Eileen Fishman, Liaison to Livingston for Essex County Executive Joseph DiVincenzo, spoke of upcoming County events, including the September 11 Memorial Ceremony and the Electronic Recycling dates.
Public Comments on Agenda Items
Larry Kohn, 16 Tarlton Drive, discussed Agenda Items 11a and b (Contracts Awards to Hudson City Motors and W.E. Timmerman).
R-14- 160 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 August 18, 2014, attached hereto, which are preceded by “*” are the Consent Agenda and are hereby accepted, approved and/or adopted.
Councilmember Shapiro moved approval of the Resolution. This was seconded by Councilmember Anthony. On roll call, all members present voted YES.
Approval of Minutes
July 21, 2014
Approval of Licenses
Final Hearing 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. Cara Murphy spoke on behalf of GASP, thanking the Council for passage of the Ordinance, and offering additional signage for the Township’s use. There being no other speakers, on motion of Councilmember Shapiro, seconded by Councilmember Silverman, and on voice vote, the hearing was closed. On motion of Councilmember Shapiro, seconded by Councilmember Silverman, and on roll call vote, all members present voted YES. The Ordinance was ordered advertised according to law.
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. There being no speakers, on motion of Councilmember Shapiro, seconded by Councilmember Fernandez, and on voice vote, the hearing was closed. On motion of Councilmember Silverman, seconded by Councilmember Shapiro, and on roll call vote, all members present voted YES. The Ordinance was ordered advertised according to law.
Proposed Ordinances
a) Ord. 18-2014 Amending Ch. 251 of the Code Entitled “Sewers” to Modify the Sewer Connection Fee
ORDINANCE OF THE TOWNSHIP OF LIVINGSWTON AMENDING CHAPTER 251 OF THE TOWNSHIP OF LIVINGSTON CODE ENTITLED ‘SEWERS’ TO MIDOFY THE SEWER CONNECTION FEE 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, September 22, 2014.
b) Ord. 19-2014 Amending Ch. 316 of the Code Entitled “’Water” to Modify Water Connection Fee
ORDINANCE OF THE TOWNSHIP OF LIVINGSTON AMENDING CHAPTER 316 OF THE TOWNSHIP OF LIVINGSTON CODE ENTITLED ‘WATER’ TO MODIFY WATER CONNECTION FEE 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, September 22, 2014.
c) Ord. 20-2014 Amend 2(a) Contained in and Made Part of Salary Ordinance #17-2012
ORDINANCE TO AMEND 2(A) CONTAINED IN AND MADE A PART OF THE SALARY ORDINANCE #17-2013 ENTITLED AN ORDINANCE TO AMEND SALARY ORDINANCE 20-2012 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, September 22, 2014.
d) Ord. 21-2014 Amending Ch. 170 of the Code of the Township of Livingston (4 Split-Zoned Lots)
ORDINANCE OF THE TOWNSHIP OF LIVIGNSTON AMENDING CHAPTER 170 OF THE CODE OF THE TOWNSHIPO OF LIVINGSTON was read by title and introduced on first reading. On motion of Councilmember Anthony, seconded by Councilmember Shapiro 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, September 22, 2014.
11. Resolutions
a) R-14-161 Awarding Contract to Hudson City Motors
WHEREAS, the Township of Livingston (“Township”) has a need to purchase one tandem dump truck with snow plow equipment and accessories; and
WHEREAS, on June 19, 2014, the Township of Livingston issued Bid No. 015-2014, to solicit bids from companies that furnish dump trucks; and
WHEREAS, the bid was advertised on the Township of Livingston website and West Essex Tribune on June 19, 2014 and as a result thirteen (13) bid packages were requested and mailed; and
WHEREAS, on July 16, 2014, one (1) bid was received by the bid deadline and publicly read; and
WHEREAS, Hudson County Motors, 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 Township Manager is recommending the award of a contract to Hudson County Motors, Inc. in an amount not to exceed $217,853.00; 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 Hudson County Motors, Inc.; and
WHEREAS, the Township Manager is recommending the award of a contract to Hudson County Motors, Inc. in an amount not to exceed $217,853.00; and
WHEREAS, the Chief Financial Officer has certified that funds are available in account C-06-55-014-008-01H.
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 Hudson County Motors, Inc. in an amount not to exceed $217,853.00.
b) R-14-162 Awarding Contract to W.E. Timmerman
WHEREAS, the Township of Livingston (“Township”) has a need to purchase a forestry truck; and
WHEREAS, on June 19, 2014, the Township of Livingston issued Bid No. 016-2014, to solicit bids from companies that furnish forestry trucks; and
WHEREAS, the bid was advertised on the Township of Livingston website and West Essex Tribune on June 19, 2014 and as a result (13) bid packages were requested and mailed; and
WHEREAS, on July 16, 2014, one (1) bid was received by the bid deadline and publicly read; and
WHEREAS, W.E. Timmerman, 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 Township Manager is recommending the award of a contract to W.E. Timmerman, Inc. in an amount not to exceed $265,624.00; 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, Inc.; and
WHEREAS, the Township Manager is recommending the award of a contract W.E. Timmerman, Inc. in an amount not to exceed $265,624.00; and
WHEREAS, the Chief Financial Officer has certified that funds are available in account C-04-55-014-007-06F and 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, Inc. in an amount not to exceed $265,624.00.
c) R-14-163 Awarding Contract to H2M Associates
WHEREAS, the Township of Livingston has a need to acquire professional engineering services for the digester sludge heat exchanger replacement 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 proposals from five companies qualified to provide professional engineering services for the digester sludge heat exchanger replacement;
WHEREAS, the Township of Livingston received three proposals on July 28, 2014; and
WHEREAS, H2M Associates, Inc. submitted the lowest price proposal; and
WHEREAS, H2M Associates, Inc. has completed and submitted a business Entity Disclosure Certification which certifies that H2M Associates, 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 H2M Associates, 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 H2M Associates, Inc. to provide professional engineering services for digester sludge heat exchanger replacement as required by the Township in an amount not to exceed $43,700.00; and,
WHEREAS, the Chief Financial Officer has certified that funds are available in capital account C-09-55-014-009-01E; 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 H2M Associates, Inc. in an amount not to exceed $43,700.00 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.
d) R-14-164 Awarding Contract to Cedar Contracting Company
WHEREAS, the Township of Livingston (“Township”) has a need for residential sidewalk improvements at various locations that cannot otherwise be performed by its regular employees; and
WHEREAS, July 14, 2014, the Township of Livingston issued Bid No. 017-2014, to solicit bids from contractors experienced in sidewalk improvements; and
WHEREAS, the bid was advertised on the Township of Livingston website and West Essex Tribune on July 14, 2014 and as a result twenty-three (23) bid packages were requested and mailed; and
WHEREAS, on August 6, 2014 seven (7) bids were received by the bid deadline and publicly read; and
WHEREAS, the firm of Cedar Contracting 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, the Assistant Township Engineer has evaluated the proposal for qualifications, experience, and cost reasonableness, and recommends the award of a contract to Cedar Contracting Company, Inc.; and
WHEREAS, the Township Manager is recommending the award of a contract to Cedar Contracting, Inc. in an amount not to exceed $118,330.00; and
WHEREAS, the Chief Financial Officer has certified that funds are available in account C-04-55-011-014-003 and 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 Cedar Contracting Company, Inc. in an amount not to exceed $118,330.00.
e) R-14-165 Designating Bus Stops
BE IT RESOLVED by the Mayor and Council of the Township of Livingston, County of Essex, State of New Jersey.
That pursuant to N.J.S.A. 39-4-8(e) the following described locations are designated as bus stops:
Added Bus Stops:
1. Along Old Short Hills Road, southbound, on the westerly side thereof at:
a. Between East Northfield Road and Dogwood Drive—Mid-block
Beginning 220 feet south of the southerly curb line of East Northfield Road and
Extending 135 feet southerly therefrom. (In front of 22 Old Short Hills Road.)
2. Along Old Short Hills Road, northbound, on the easterly side thereof at:
b. Between East Northfield Road and Dogwood Drive—Mid-block
Beginning 180 feet south of the southerly curb line of East Northfield Road and
And extending 135 feet southerly therefrom. (Near North Hill Cleaners.)
BE IT RESOLVED that the Mayor and Council of Livingston Township will enforce the needed traffic regulations governing the aforementioned bus stop locations and provide the necessary police security to ensure the safety of the traveling public.
BE IT FURTHER RESOLVED that this resolution shall take effect upon approval of the Commissioner of Transportation as provided by law.
f) R-14-166 Auth. Disposition of Surplus
WHEREAS, the Township of Livingston is the owner of certain personal property described on the attached Schedule A and which is no longer needed for public purposes; 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 to offset the price of a new purchase and the Township of Livingston has determined that a 2005 Ford Expedition is no longer needed for public use;
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Livingston that said property listed on the attached schedule shall be traded-in.