Livingston, New Jersey January 25, 2010 Meeting #3

Livingston, New Jersey January 25, 2010 Meeting #3 The regular meeting of the Township Council of the Township of Livingston was held on the above date at 8:05 p.m. at the Senior/Community Center, 204 Hillside 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 December 10, 2009. Present: Mayor Johnson; Councilmembers August, Fernandez, Johnson, Santola, Schneiderman; Manager Meade; Deputy Township Manager Jones; Township Attorney Weiner; Township Clerk Turtletaub Mayor Johnson asked everyone to stand for a moment of silent meditation. This was followed by the Pledge of Allegiance. Presentations a) Teen Dating Violence-- Mayor Johnson presented a Citation proclaiming Teen Dating Violence Awareness and Prevention Week to National Council of Jewish Women (NCJW) President Sharon Falkin in the presence of several NCJW members. Ms. Falkin thanked the Council for its support of the initiative. b) Judi Nudelman-Retirement as President, Library Board of Trustees---Library Director Judy Kron spoke in honor of Ms. Nudelman's tenure, and presented her with flowers. Freeholder Pat Sebold presented Ms. Nudelman with a plaque on behalf of the Essex County Board of Chosen Freeholders. Mayor Johnson read a Proclamation honoring her, and displayed a sign which will be displayed at the Library tomorrow proclaiming "Judi Nudelman Day" in the Library and throughout the Township. Current and Past Board of Trustees members joined in the presentations. c) Radon Action Month Nurse Dolores Keller spoke of the importance of radon detection, and received a Proclamation from Mayor Johnson commemorating Radon Action Month. d) Rotary Club-Haiti Relief Monte Ehrenkrantz, on behalf of the Rotary Club, announced Haiti Relief Collections efforts being coordinated by the Rotary Club. Each Councilmember contributed items to the relief efforts toward the devastation caused by the recent earthquake in Haiti. Essex County Update/Questions Anthony Pugliese, Essex County Public Information Officer, reported on the introduction of the County Budget, and the new Solid Waste disposal contract. Public Hearing--Livingston Community Partnership (BID) R-10-62 Livingston Community Partnership Budget Approval Approving 2010 Budget - Livingston Community Partnership Corporation BE IT RESOLVED that the Township Council of the Township of Livingston, Essex County, NJ that the attached annual budget in the amount of $325,050 for the year 2010 submitted by the Livingston Community Partnership Corporation is approved. Mayor Johnson opened hearing on the 2010 Livingston Community Partnership (BID) Budget. Larry Kohn, 16 Tarlton Drive, asked a series of questions about the BID Budget most specifically the Streetscape project. Scott Goldman, 42 N. Baums Court, read a statement, suggesting that the BID had done its job very well, but that the BID was no longer needed. BID Executive Director Beth Lippman and Treasurer Lori Kaufman responded and clarified and highlighted items in BID Budget. Eleonore Cohen, an elected member of the BID Board, gave a history of the BID. There being no further speakers, Councilmember Santola moved the public hearing be closed. This was seconded by Councilmember Fernandez. On roll call, all members present voted YES. Councilmember Schneiderman moved R-10-62. This was seconded by Councilmember Santola. On roll call, all members present voted YES. Public Comments on Agenda Items Larry Kohn, 16 Tarlton Drive, questioned charges for the clock tower adorning the new Town Hall/Police Building.. Resolution Approving Consent Agenda (Includes All Items Marked * ) -R-10-57 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 comment 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 January 25, 2010, attached hereto, which are preceded by an * are the Consent Agenda and are hereby accepted, approved and/or adopted. Councilmember Santola moved approval of the Resolution. This was seconded by Councilmember August. On roll call, all members present voted YES. *Approval of Minutes *Administrative Agenda *Administrative Officers Reports *Approval of Raffle Licenses

Final Hearing Ordinances a) Ordinance No. 1-2010 --Chapter 29-Parking Restrictions on Madonna Fields Parking Lot ORDINANCE OF THE TOWNSHIP OF LIVINGSTON TO IMPOSE PARKING RESTRICTIONS ON MADONNA FIELD PARKING LOT was read by title and taken up at public hearing. There being no speakers, Councilmember Schneiderman moved that the public hearing be closed. Councilmember August. By voice vote, all members present voted YES. This was seconded by Councilmember Santola moved adoption of the Ordinance. This was seconded by Councilmember August. On roll call, all members present voted YES. The Ordinance was ordered advertised according to law. b) Ordinance No. 2-2010 Chapter 141-Fire Prevention ORDINANCE OF THE TOWNSHIP OF LIVINGSTON AMENDING AND REVISING THE CODE OF THE TOWNSHIP OF LIVINGSTON CHAPTER 141 FIRE PREVENTION was read by title and taken u at public hearing. There being no speakers, Councilmember Schneiderman moved that the public hearing be closed. Councilmember August. By voice vote, all members present voted YES. This was seconded by Councilmember Schneiderman moved adoption of the Ordinance. This was seconded by Councilmember August. On roll call, all members present voted YES. The Ordinance was ordered advertised according to law. c) Ordinance 3-2010-- Prohibited Right Turn Eisenhower Parkway and Mall Exit Driveway ORDINANCE OF THE TOWNSHIP OF LIVINGSTON AMENDING CHAPTER 29 ARTICLE IV PROHIBITED TURNS was read by title and taken up at public hearing. There being no speakers, Councilmember Santola moved that the public hearing be closed. This was seconded by Councilmember Fernandez. By voice vote, all members present voted YES. Councilmember Santola voted adoption of the Ordinance. This was seconded by Councilmember Fernandez. On roll call, all members present voted YES. The Ordinance was ordered advertised according to law. Proposed Ordinances a) Ord. 4-2010 Amending and Revising Code Ch. 170 - Art. 52 - Address Change Filing Fee ORDINANCE AMENDING AND REVISING CHAPTER 170 ARTICLE 52 OF THE CODE OF THE TOWNSHIP OF LIVINGSTON - ADDRESS CHANGE FILING FEE was read by title. Councilmember Fernandez moved approval on first reading. This was seconded by Councilmember August. On roll call, 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 meting of the Township Council to be held on Monday, February 22, 2010. Resolutions a) R-10-58 Approval - Change Orders 67 and 68 - Chanree Constr-Mun and Police Building WHEREAS, the Township Council of the Township of Livingston entered into a contract ( Contract ) with Chanree Construction for the for the Construction of A Municipal Services and Police Building for the Township of Livingston ( the Project ); and WHEREAS, the initial Contract was not to exceed $26,259,273.00; and WHEREAS, changes are necessary to the scope of work as follows: A. Add 120v for boiler power circuits, Basement Area A and ATC control panel power circuits at various locations; furnish and install additional day tank, pump, piping and accessories; and add 2 sprinkler heads with associated piping to Dispatch Area and Building Department B. Add 3 phase circuits for dimmer boards, First Floor, Area B ; furnish and install Americlock, Cupola Clock with GPS controller and associated power wiring circuit; and rain water leader cast iron boots. WHEREAS, change order no. 67 & 68 in the net amount of $51,523.30 do not exceed the original contract sum by more than 20%; and WHEREAS, the total amount of change orders to date is $1,138,760.30; and and WHEREAS, the change order has been recommended by the architect, construction manager and the Township Manager; execution and payment of Change Order No. 67 & 68 to the Contract with Chanree Construction for the Construction of a Municipal Services and Police Building for the Township of Livingston. b) R-10-59 Approval of Change Order #1 - Suburban Consulting Engineers WHEREAS, the Township Council of the Township of Livingston entered into a contract ( the Contract ) with Suburban Consulting Engineers to for the design, bidding and construction management for the Peach Tree Hill Road Pump Station Improvements ( the Project ); and WHEREAS, the initial Contract was not to exceed Fifty-Eight Thousand Nine Hundred Dollars ($58,900.00); and WHEREAS, due to need for additional engineering services, the following Change Order is requested: C. CHANGE ORDER NUMBER ONE Additional engineering services due to the coordination with CIT to obtain temporary construction easements and the cost of document reproduction $2,100.00 Total $2,100.00

WHEREAS, the total amount for change order number one is $2,100.00 making the new contract sum $61,000.00; and WHEREAS, the Chief Financial Officer has certified that funds are available in capital account C-09-55-009-013-008 (Peach Tree Hill Sewer Project). execution of Change Order Number one to the contract with Suburban Consulting Engineers for additional engineering services. c) R-10-60 Approval of Change Oder #1 - Coppola Services WHEREAS, the Township Council of the Township of Livingston entered into a contract ( the Contract ) with Coppola Services, Inc. for the Peach Tree Hill Road Pump Station Improvements ( the Project ); and WHEREAS, the initial Contract was not to exceed Two Hundred Eighty-Four Thousand One Hundred Sixty Four Dollars ($284,164.00); and WHEREAS, due to a delay from PSE&G in providing electrical services to the site, Change Order Number One is being requested to extend the length of the original contract; and WHEREAS, Change Order Number One will extend the length of the contract for an additional sixty-five days at no additional cost; and execution of Change Order Number One to the contract with Coppola Services, Inc. to extend the length of the contract for an additional sixty-five days at no additional cost. d) R-10-61 Authorizing Contract - Campbaell Foundry Co. -Morris Co. Coop--NTE $40, 449 WHEREAS, the Township of Livingston ( Township ) has a need to purchase catch basin grates and inlets; and WHEREAS, the Campbell Foundry Company was identified as the lowest responsive and responsible bidder under the Morris County COOP Number 14 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 is the most advantageous to the Township; 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 the Campbell Foundry Company; and WHEREAS, the Township Manager is recommending the award of a contract to the Campbell Foundry Company in an amount not to exceed $40,449.00; and WHEREAS, the Chief Financial Officer has certified that funding is available in the capital budget, under account C-04-55- 009-015-001 (Road Improvements). 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 the Campbell Foundry Company under the Morris County COOP Contract Number 14 in an amount not to exceed $40,449.00. f) R-10-63 Appointing Representatives - Essex Co. Comm. Dvpt. Committee BE IT RESOLVED by the Township Council of the Township of Livingston that the following persons are hereby appointed 2010 Representatives to the Essex County Community Development Committee: Township Council Appointment: Councilmember Gary S. Schneiderman Township Manager Appointment: Deputy Manager Russell A. Jones, Jr. BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Director of the Essex County Division of Housing and Community Development. g) R-10-64 Change Oder for Genova, Burns & Vernoia - $9,748.28 WHEREAS, the Township Council of the Township of Livingston entered into a contract ( Contract ) with Genova, Burns & Vernoia to serve as Labor Counsel; and WHEREAS, the initial Contract was not to exceed Sixty Thousand Dollars ($60,000.00); and WHEREAS, due to the continuing and increasing costs of labor litigation, the following Change Order is requested: D. CHANGE ORDER NUMBER ONE Continuing and increasing cost of labor litigation $9,748.28 Total $9,748.28 WHEREAS, the total amount for change order number one is $9,748.28 making the new contract sum $69,748.28; and

WHEREAS, the Chief Financial Officer has certified that funds are available in Account 9-01-20-105-001-298 (HR Legal) and 9-01-20-155-001-405 (Legal Expenses); execution of Change Order Number one to the contract with Genova, Burns & Vernoia to cover the continuing and increasing costs of labor litigation. h) deleted i) R-10-66 Approving 2010 Swimming Pool Fees WHEREAS, in accordance with ordinance No. 44-1997, the Township Council is authorized to adopt by resolution membership fees for admission to public swimming pools owned and operated by the Township from year to year; and WHEREAS, the Director of Senior, Youth & Leisure Services has requested the following fees be enacted for the 2010 calendar year: Early Discount Regular (through March 18) (Through May 6) (After May 6) Family $240 $275 $320 Individual 120 130 160 Senior Individual 92 98 109 Senior Couple 130 145 160 Guest Badge Fee $8.00 (purchased at office) $10.00 (purchased at pool) Fee for Lost Badges $15.00 NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Livingston that effective January 25, 2010, the Department of Senior, Youth & Leisure Services is authorized to charge the membership fees for admission to public swimming pools owned and operated by the Township of Livingston as set forth in this resolution. j) R-10-67 Contract-Scarinci & Hollenbeck Twp. 'Atty - NTE $310,000 WHEREAS, the Township of Livingston has a need to acquire a Township Attorney 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, Scarinci & Hollenbeck, LLC has completed and submitted a Business Entity Disclosure Certification which certifies that Scarinci & Hollenbeck, LLC 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 Scarinci & Hollenbeck, LLC from making any reportable contributions through the term of the contract, and WHEREAS, the Township Manager is recommending the award of a contract to Scarinci & Hollenbeck, LLC to provide Township Attorney services at an annual retainer of $60,000.00 and hourly rate of $140.00 for other services outside those covered under the retainer; and WHEREAS, the accounts to be charged are 0-01-20-155-001-407 (Retainer), 0-01-20-155-001-401 (Legal Fees), 0-01-20-155-001-405 (Legal Expenses) and 0-01-20-150-001-403 (Appeal Cases), subject to the availability and appropriation of sufficient funds in the 2010 municipal budget; 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 Scarinci & Hollenbeck, LLC in an amount not to exceed $310,000.00 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. k) R-10-68 Authorizing 2010 Temporary Budget appropriations 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. 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 that the duration of this authorization shall be until December 3l, 2010 or upon the expiration of

l) R-10-69 Auth. Purchases -Morris Co. Coop 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. 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 that the duration of this authorization shall be until December 3l, 2009 or upon the expiration of m) R-10-70 Auth. Purchases - State of New Jersey Cooperative Purchasing Program 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. 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 that the duration of this authorization shall be until December 3l, 2010 or upon the expiration of Councilmember Santola moved adoption of Resolutions R-10-57 to 10-64 and 10-66 to 10-70. This was seconded by Councilmember Fernandez. On roll call, all members present voted YES. Public Statements Walter LeVine, 345 Walnut Street, challenged comments appearing in the West Essex Tribune regarding Township Ordinances concerning water rates. He presented to the Council packets of documents consisting of copies of his water bills and Township Ordinances. Larry Kohn, 16 Tarlton Drive, questioned the legality of the Ordinance setting water rates. Robert Hunter, 89 Elmwood Drive, discussed the speed limit on Shrewsbury Drive, and what he described as Exxon's response to the recent explosion at its site. Remarks by Mayor and Members of the Council Conclusion of Formal Business There being no further business, the meeting concluded at 9:30 p.m. Arlene A. Johnson Mayor - Township Council GRT Glenn R. Turtletaub Township Clerk