AGENDA
Livingston Township Council
Monday, April 13, 2015
Town Hall --357 South Livingston Avenue - 8:00 P.M.
Notice of this meeting has been given in accordance with the "Open Public Meetings Law."
"Annual Notice" was faxed to the West Essex Tribune and the Star-Ledger on January 5, 2015.
Statement of Decorum
Pursuant to Township Code Section 2-15, while the Township Council is in session, any person
who desires to address the Council must first be recognized by the presiding officer. Recognized speakers
must make their statements within six cumulative minutes, unless such time is extended by the Council.
Appropriate decorum is to be observed at all times.
Meeting #5 Regular
1.
Roll Call
2.
Silent Meditation and Pledge of Allegiance
3.
Presentations
a) Cerebral Palsy of New Jersey
b) SYLS Traveling Basketball
c) Arbor Day
d) Senior Games
e) Armenian Genocide
4.
Essex County Update/Questions
5.
Public Comments on Agenda Items
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6*. Resolution - Consent Agenda [Includes All Items Marked "*"R-15-107
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7*. Approval of Minutes
a) March 23, 2015
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8.* Approval of Licenses
9.
Final Hearing Ordinances
a) Ord. 5-2015 Amending Chapter 170 of the Code (Split-zoned lots)
Purpose: Continued implementation of the Master Plan that lots in 2 zones be rezoned
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b) Ord.10-2015 Salary Ordinance – ADJOURNED TO MAY 4, 2015
10, Proposed Ordinances
a) Ord. 11-2015 Stop Sign at Intersection of Scotland Drive with Edgemere Road
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Purpose: Authorizes the placement of a stop sign at the intersection of Scotland Drive and Edgemere Road
b) Ord. 12-2015 Amending and Revising Art. 2, Ch.14-Rev.Ords of Livingston- Fees for Health Department Services
Purpose: Authorized increasing fees for certain Health Department Services
11. Resolutions
a) R-15-108 Authorizing a Contract with Miracle Chemical Company
b) R-15-109 Authorizing a Contract with George S. Coyne Chemical, Inc.
c) R-15-110 Authorizing a Contract with Univar USA, Inc.
d) R-15-111 Authorizing a Contract with Main Pool and Chemical Company
e) R-15-112 Approval of Change Order No. 1 and Final with Pal-Pro Builders, LLC
f) R-15-113 Animal Control Agreement with Florham Park
g) R-15-114 Approval to Submit Grant Application with DEP for Orchard Hill Trail
h) R-15-115 Refunding Bond Resolution
i) R-15-116 Approving Entering into a Developer’s Agreement with Maramark Builders, LLC
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j) R-15-117 Approving Entering into a Wireless Telecommunications Facility Agreement (Town Hall)
with Wireless Edge Towers Group, LLC
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k) R-15-118 Authorizing 2014 Municipal Recycling Tonnage Grant Application
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12. Public Comment
13. Recess
GLENN R. TURTLETAUB
Township Clerk
R-15-107
RESOLUTION
Accepting, Approving and/or Adopting the
Consent Agenda of April 13, 2015
WHEREAS, the Township Council of the Township of Livingston has
determined that certain items on its agenda which have the unanimous
approval of all Councilmembers 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 April 6, 2015, attached hereto, which are
preceded by an
are the Consent Agenda and are hereby accepted,
approved and/or adopted.
“h”
Approved as to form:
Michael M. Silverman
Sharon L. Weiner
Township Attorney
Glenn R. Turtletaub Township Clerk
Adopted: 4/13/15
Mayor
4\
ORIMNANCE NO. 5-2015
ORDINANCE OF THE TOWNSHIP OF LIVINGSTON AMENDING CHAPTER 170 OF THE CODE OF
THE TOWNSHIP OF LIVINGSTON
WHEREAS, the 2007 Master Plan notes that zone district lines sometimes run through a lot with the result
that the lot is a split-zoned lot that straddles two or more districts, thus necessitating variances in order that the lot
can he developed, and the Master Plan recommends adjusting district boundary lines to reduce or eliminate splitzoned lots; and
WHEREAS, a review of lots fronting on East Mount Pleasant Avenue between the Livingston Avenue
intersection and Rossmore Terrace has identified lots in Tax Blocks 1503, 1512, and 3701 to which the Master Plan
recommendation applies; and
WHEREAS, the recommendation in the 2007 Master Plan can be accomplished by rezoning specific lots
in those Tax Blocks;
NOW, THEREFORE, BE IT ORDAINED, by the Township Council of the Township of Livingston, in
the County of Essex, State of New Jersey, as follows:
Section 1. The Zoning Map referenced in § 170-86 of the Code of the Township of Livingston, as
heretofore amended, is further amended to achieve the rezoning and designation of specific lots as follows:
A.
Rezone and designate Lot 6 in Tax Block 1503, presently a split-zoned lot in both the B-i General
Business District and the R-4 Residence District and containing a commercial use, to the B-l
General Business District; and
B.
Rezone and designate Lot 13 in Tax Block 1512, presently a split-zoned lot in both the B-I
General Business District and the R-4 Residence District and containing a business use, to the B-l
General Business District; and
C.
Rezone and designate Lot 7 in Tax Block 3701, presently a split-zoned lot in both the B-i General
Business District and the R-4 Residence District and containing a business use, to the B-l General
Business District
Section 2.
and effect.
Except as hereby amended, the Code of the Township of Livingston shall remain in full force
Section 3.
This ordinance shall take effect upon final passage and twenty days from the date of publication
in accordance with law.
MICHAEL M. SILVERMAN,
Mayor
GLENN TURTLETAUB, Township Clerk
Approved as to Form:
SHARON L. WEINER, Township Attorney
Introduced: 3/23/15
Adopted:
1
ORDINANCE No. 11-2015
ORDINANCE OF THE TOWNSHIP OF LIVINGSTON AMENDING CHAPTER 29
ARTICLE VII OF THE CODE OF THE TOWNSHIP OF LIVINGSTON
STOP INTERSECTIONS
BE IT ORDAINED by the Township Council of the Township of Livingston, County of
Essex, State of New Jersey as follows:
Bold and italicized language is added
[Bracketed language is deleted.]
SECTION 1 The following Section shall be added to Chapter 29, Article VI.L oft/ic Code of the
Tozship ofLivingston:
§29-22 Stop Intersections.
The following intersections are hereby designated as stop intersections:
Inters’ection
Stop Signs shall be installed on
Scotland Road & Edgeinere Road
Scotland Road
SECTION 2. Except as hereby amended, the Code of the Townshzp ofLivingston shall remain in
full force and effect.
SECTION 3. This Ordinance shall take effect twenty (20) days from final passage and
publication in accordance with the law
MICHAEL M. SILVERMAN, Mayor
GLENN R. TURTLETAUB, Township Clerk
Approved as to form:
SHARON L. WEINER, Township Attorney
Introduced: 4/13/15
Adopted:
:/& b )
ORDINANCE NO. 12-2015
ORDINANCE OF THE TOWNSHIP OF LIVINGSTON
AMEND1I’4G AND REVISING ARTICLE 2, CHAPTER 14
OF THE REVISED ORDINANCES OF THE TOWNSHIP OF LIVINGSTON
FOR FEES FOR HEALTH DEPARTMENT SERVICES
BE IT ORDAINED BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP
OF LIVINGSTON in the County of Essex as follows:
Section 1. Article 2, Chapter 14 is amended and revised as follows:
(Italicized/bold language is added, strilccthrough language is deleted.)
14-4.1 Schedule of Fees. The following schedule offees shall apply:
Items
Fees
(b) Certified Birth transcripts
(c) Certified Marriage transcripts
(f) Corrections on legal transcripts of
birth or death certificates (per copy)
(h) Certified Domestic Partnership
and Civil Union transcripts
S-I-S
S-i-S
$20.00
$20.00
$25-
$40.00
5-1-5
$20.00
Section 2. Except as hereby amended the revised General Ordinances of the
Toship ofLivingston shall remain infiuiforce and effect.
Section 3. This Ordinance shall take effect upon final passage and publication in
accordance with the law.
Michael M. Silverman, Mayor
Glenn R. Turtletaub, Township Clerk
Approved as to form:
Sharon L. Weiner, Township Attorney
Introduced:
Adopted:
April 13, 2015
May 4, 2015
•
R-15-108
RESOLUTION AUTHORIZING A CONTRACT WITH MIRACLE CHEMICAL COMPANY
WHEREAS, the Township of Livingston (“Township”) has a need for water treatment
chemicals; and
WHEREAS, on February 12, 2015, the Township of Livingston issued Bid No. 008-2015 as an
open-ended contract, to solicit bids from companies that provide water treatment chemicals; and
WHEREAS, the bid was advertised on the Township of Livingston website and West Essex
Tribune on February 12, 2015 and as a result twenty-two (22) bid packages were requested; and
WHEREAS, on March 4, 2015, seven (7) bids were received by the bid deadline and publicly
read; and
WHEREAS, the company of Miracle Chemical Company was identified as the lowest responsive
and responsible bidder for items one and four whose bid meets all of the requirements of the bid
specifications, complies with the requirements of N.J.S.A. 10:5-3 1 et seq. and N.J.S.A. 17:27 et seq., is
responsive and responsible; and
WHEREAS, Miracle Chemical Company’s schedule of pricing is attached; and
WHEREAS, the Superintendent of the Water Pollution Control Facility and Manager of Water
Operations have evaluated the proposal for qualifications, experience, and cost reasonableness, and
recommend the award of a contract to Miracle Chemical Company; and
WHEREAS, the Township Manager is recommending the award of a twenty-four (24) month
contract to Miracle Chemical 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 month contract with Miracle Chemical Company.
Michael M. Silverman, Mayor
Glenn R. Turtletaub, Township Clerk
Approved as to form:
Sharon L. Weiner, Township Attorney
Adopted:
April 13, 2015
Township of Livingston
BID 008-2015 Water Treatment Chemicals- Open Ended Contract
BID ABSTRACT
Bid Opening March 4, 2015- 11:00AM
Prepared By: K. Sullivan, Purchasing Mgr
-
-
Miracle
Chemical
Company
ITEM
WaterTreatment Chemicals
UNIT
1151B Highway
33
Farmingdale, NJ
07727
Unit Price
WATER DEPARTMENT
15% Sodium Hypochlonte
1
Per
Gallon
$1984
Per
Gallon
$1144
WPCF
15% Sodium Hypochionte
4
—
Bulk
1 of 1
//3
// k
R 15 109
RESOLUTION AUTHORIZING A CONTRACT WITH GEORGE S. C0YNE CHEMICAL, INC.
WHEREAS, the Township of Livingston (“Township”) has a need for water treatment
chemicals; and
WHEREAS, on February 12, 2015, the Township of Livingston issued Bid No. 008-2015 as an
open-ended contract, to solicit bids from companies that provide water treatment chemicals; and
WHEREAS, the bid was advertised on the Township of Livingston website and West Essex
Tribune on February 12, 2015 and as a result twenty-two (22) bid packages were requested; and
WHEREAS, on March 4, 2015, seven (7) bids were received by the bid deadline and publicly
read; and
WHEREAS, the company of George S. Coyne Chemical Company, Inc. was identified as the
lowest responsive and responsible bidder for items two and three 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, George S. Coyne Chemical Company, Inc.’s schedule of pricing is attached; and
WHEREAS, the Manager of Water Operations has evaluated the proposal for qualifications,
experience, and cost reasonableness, and recommends the award of a contract to George S. Coyne
Chemical Company, Inc.; and
WHEREAS, the Township Manager is recommending the award of a twenty-four (24) month
contract to George S. Coyne Chemical Company, Inc.; 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 month contract with George S. Coyne Chemical Company, Inc.
Michael M. Silverman, Mayor
Glenn R. Turtletaub, Township Clerk
Approved as to form:
Sharon L. Weiner, Township Attorney
Adopted:
April 13, 2015
>
Township of Livingston
BID 008-2015 Water Treatment Chemicals- Open Ended Contract
BID ABSTRACT
Bid Opening March 4,2015 11:00AM
Prepared By: K. Sullivan, Purchasing Mgr
-
-
-
George S. Coyne
Chemical, Inc.
3015 State Road
ITEM
WaterTreatment Chemicals
UNIT
Croydon, PA
19021
Unit Price
WATER DEPARTMENT
Calcium Hypochlorite 3 1/8” Accu-Tab ® 551b pail
SI tablets
2
$183.09
Chlorine Cylinders
3
Per
Gallon
$232.67
lot 1
R-15-11O
RESOLUTION AuTHORIzING A CONTRACT WITH UNIVAR USA, INC.
WHEREAS, the Township of Livingston (“Township”) has a need for water treatment
chemicals; and
WHEREAS, on February 12, 2015, the Township of Livingston issued Bid No. 008-2015 as an
open-ended contract, to solicit bids from companies that provide water treatment chemicals; and
WHEREAS, the bid was advertised on the Township of Livingston website and West Essex
Tribune on February 12, 2015 and as a result twenty-two (22) bid packages were requested; and
WHEREAS, on March 4, 2015, seven (7) bids were received by the bid deadline and publicly
read; and
WHEREAS, the company of Univar USA, Inc. was identified as the lowest responsive and
responsible bidder for item five 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, Univar USA, Inc.’s schedule of pricing is attached; and
WHEREAS, the Superintendent of the Water Pollution Control Facility has evaluated the
proposal for qualifications, experience, and cost reasonableness, and recommends the award of a contract
to Univar USA, Inc.; and
WHEREAS, the Township Manager is recommending the award of a twenty-four (24) month
contract to Univar USA, Inc.; and
WHEREAS, prior to incurrig 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 month contract with Univar USA, Inc.
Michael M. Silverman, Mayor
Glenn R. Turtletaub, Township Clerk
Approved as to form:
Sharon L. Weiner, Township Attorney
Adopted:
April 13, 2015
Township of Livingston
BID 008-2015
-
Water Treatment Chemicals- Open Ended
BID ABSTRACT
Bid Opening
-
March 4, 2015
-
11:00AM
Prepared By: K. Sullivan, Purchasing Mgr
Univar USA, Inc.
532 E. Emaus St.
Middletown, PA
17057
ITEM
Water Treatment Chemicals
UNIT
Unit Price
WPCF
Sulfur Dioxide for de-chlorination
5
1 501b
cylinder
.81 per lb
1 of 1
R-15-111
RESOLUTION AUTHORIZING A CONTRACT WITH MAIN POOL AND CHEMICAL COMPANY
WHEREAS, the Township of Livingston (“Township”) has a need for water treatment
chemicals; and
WHEREAS, on February 12, 2015, the Township of Livingston issued Bid No. 008-20 15 as an
open-ended contract, to solicit bids from companies that provide water treatment chemicals; and
WHEREAS, the bid was advertised on the Township of Livingston website and West Essex
Tribune on February 12, 2015 and as a result twenty-two (22) bid packages were requested; and
WHEREAS, on March 4, 2015, seven (7) bids were received by the bid deadline and publicly
read; and
WHEREAS, the company of Main Pool and Chemical Company was identified as the lowest
responsive and responsible bidder for items six, seven and eight whose bid meets all of the requirements
of the bid specifications, complies with the requirements of N.J.S.A. 10:5-3 1 et seq. and N.J.S.A. 17:27 et
seq., is responsive and responsible; and
WHEREAS, Main Pool and Chemical Company’s schedule of pricing is attached; and
WHEREAS, the Director of Senior, Youth and Leisure Services has evaluated the proposal for
qualifications, experience, and cost reasonableness, and recommends the award of a contract to Main Pool
and Chemical Company; and
WHEREAS, the Township Manager is recommending the award of a twenty-four (24) month
contract to Main Pool and Chemical 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 month contract with Main Pool and Chemical Company.
Michael M. Silverman, Mayor
Glenn R. Turtletaub, Township Clerk
Approved as to form:
Sharon L. Weiner, Township Attorney
Adopted:
April 13, 2015
Township of Livingston
BID 008-2015 Water Treatment Chemicals- Open Ended
BID ABSTRACT
Bid Opening March 4, 2015- 11:00AM
-
-
Prepared By: K. Sullivan, Purchasing Mgr
Main Pool and
Chemical
Company
110 Commerce
Road
Dupont, PA 18641
ITEM
Water Treatment Chemicals
UNIT
Unit Price
SYLS
15% Sodium Hypochiorite
—
Bulk
6
15 Gallon Carboys
—
7
Hydrochloric Acid
Per
Gallon
$1.17
Per
Carboy
$41.85
Reagents for Testing
8
Phenol Red
DPD#1
tablets
per box)
(1,U(JU
tablets
per box)
$58.76
$58.76
1 of 1
//I\
R-15-112
REsoLuTioN AUTHORIZING APPROVAL OF CHANGE ORDER NUMBER
PAL-PRO BUILDERS,
1
AND FINAL WITH
LLC
WHEREAS, the Township Council of the Township of Livingston entered into a contract (“Contract”)
with Pal-Pro Builders. LLC for the Monmouth Court Community Center Restroom Renovations;
WHEREAS, the initial Contract was not to exceed Fifty-Nine Thousand, Four Hundred Dollars
($59,400.00); and
WHEREAS, due to field conditions including the addition of emergency lighting, cleanout access
panels, the use of transition strips, grid ceiling tile, and undercut of doors, and reductions of credit back due to the
electrical work conducted by the Township of Livingston and marble saddle replacement; a Change Order has
been requested for the following:
A.
B.
SUPPLEMENTAL
Emergency Lights
Cleanout Access Panels
Transition Strips
Grid Ceiling Tile
Undercut of Doors
Total
$1,164.82
$862.34
$102.15
$105.71
$141.28
$2,376.30
REDUCTIONS
Electrical Work Credit
Marble Saddle Credit
Total
-$641.54
-$326.03
-$967.57
WHEREAS, the total change order increased the contract amount by 2.37% or $1,408.73 making the new
contract sum $60,808.73; and
WHEREAS, this Change Order has been recommended by Nidhi S. Manchery, Junior Township
Engineer and Michele Meade, Township Manager; and
WHEREAS, the Chief Financial Officer has certified that funds are available in capital account C-0455-013-014-005.
NOW, THEREFORE, BE IT RESOLVED, the Township Council of the Township of Livingston,
Essex County, approves the execution and payment of Change Order Number 1 and Final to the Contract with
Pal-Pro Builders, LLC for the Monmouth Court Community Center Restroom Renovations; that this resolution is
without prejudice to any rights of the Township of Livingston, that the Township has, had, or may have to charge
back or to seek cost of said change orders from third-party and the Township hereby reserves all of its rights hereto.
BE IT FURTHER RESOLVED that a copy of this resolution shall be published in the West Essex
Tribune as required by law.
Michael M. Silverman, Mayor
Glenn R. Turtletaub, Township Clerk
Approved as to form:
Sharon L. Weiner, Township Attorney
Adopted:
April 13, 2015
-
Certfication of Availability of Funds
f the TOWNSHIP OF LIVINGSTON that funds for the
This is to certify to the
e.
‘ailabl
a
are
ions
ftl]owing resolut
04/13/15
Resolution Date:
Resolution Number: R-15-112
vendor: PALPRO
PAL—PRO BUIL)EF$, LLC
50B GARDEN DI\E
ELMWOOD PARK r:’ 07407
contract: C1400017 MONMOUTH CJ’UIT COMMUNITY
CENTER RESrR()oM RENOVATIONS
Account Number
Amount
C-04-55-013-014—005
1,408.73
Total
Department Description
1,408.73
for
Only amounts for the 2015 Eudjet Year have been certified Amounts
riated.
approp
being
funds
ent
future years are contingent upon suffici
Chief Financial Officer
R-15-113
RESOLUTION AuTH01uz1NG
INTERLOCAL SERVICES AGREEMENT
WITH THE BOROUGH OF FL0RHAM PARK
WHEREAS, the Township Council of the Township of Livingston desires to
enter into an Interlocal Services Agreement for Animal Control Services (the
“Agreement”) with the Borough of Florham Park.
NOW,THEREFORE, BE IT RESOLVED by the Township Council of the
Township of Livingston, County of Essex, State of New Jersey, that the proposed
Agreement between the Townships of Livingston and Florham Park, a copy of which
is on file in the Office of the Township Clerk, is hereby approved; and,
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to sign
and the Township Clerk is authorized to attest to the Agreement.
Michael M. Silverman, Mayor
Approved as to form:
Sharon L. Weiner, Township Attorney
Adopted: April 13, 2015
Glenn R. Turtletaub, Township Clerk
R45414
RESOLUTION
APPROVAL TO SUBMIT A GRANT APPLICATION AND EXECUTE A GRANT
AGREEMENT WITH THE STATE OF NEW JERSEY BY AND FOR THE
DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR THE ORCHARD HILL
TRAIL
NOW, THEREFORE, BE IT RESOLVED, that the Council of the Township of Livingston
formally approves the grant application for the above stated project.
BE IT FURTHER RESOLVED, that the Township Manager and Clerk are herby authorized to
submit a grant application to the State of New Jersey by and for the Department of
Environmental Protection on behalf of the Township of Livingston.
BE IT FURTHER RESOLVED, that the Township Manager and Clerk are herby authorized to
execute said grant application on behalf of the Township of Livingston and their signature
constitutes acceptance of the terms and conditions of the grant agreement and approves the
execution of the grant agreement.
Michael M. Silverman, Mayor
Approved as to form:
Sharon L. Weiner, Township Attorney
Certified as a true copy of the Resolution adopted by the Council
On this thirteen day of April, 2015.
Glenn R. Turtletaub, Township Clerk
My signature and the Clerk’s seal serve to acknowledge the above resolution and constitute
acceptance of the terms and conditions of the grant agreement and approve the execution of the
grant agreement as authorized by the resolution above.
ATTEST and AFFIX SEAL
Glenn R. Turtletaub
Township Clerk
Michele E. Meade
Township Manager
i
I
U
z.
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w
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R-15-ll5
RESOLUTION PROVIDING FOR THE FORM, MATURITIES
AND OTHER DETAILS OF THE REFUNDING BONDS OF
THE TOWNSHIP OF LIVINGSTON.
April 13, 2015
WHEREAS, the Township Council of the Township of Livingston, in the County of
Essex, New Jersey (the “Township”), has heretofore issued its General Refunding Obligation
Bonds, Series 2005, in the aggregate amount of $4,835,000, dated July 12, 2005, which bonds
are subject to redemption (on and after August 1, 2015) prior to their stated dates of maturity,
maturing on August 1, 2016 to 2020, inclusive, in an aggregate amount of $1,980,000 (the
“2005A Refunded Bonds”) and its General Obligation Bonds, Series 2005, in the aggregate
amount of $4,485,000 dated July 20, 2005, which bonds are subject to redemption (on and after
July 15, 2015) prior to their stated dates of maturity, maturing on July 15, 2016 to 2020,
inclusive, in an aggregate amount of $1,485,000 (the “2005B Refunded Bonds” and collectively
with the 2005A Refunded Bonds, the “Refunded Bonds”); and
WHEREAS, the Township desires to redeem the (a) 2005 A Refunded Bonds on or about
August 1, 2015 at a redemption price of 100% of the principal amount of the 2005A Refunded
Bonds and (b) 2005B Refunded Bonds on or about July 15, 2015 at a redemption price of 100%
of the principal amount of the 2005B Refunded Bonds, and has adopted a bond ordinance
entitled “Refunding Bond Ordinance Providing for the Refunding of Certain General Obligation
Bonds of the Township of Livingston, New Jersey, Appropriating $3,800,000 Therefor and
Authorizing the Issuance of S3,8 00,000 Bonds or Notes of the Township for Financing the Cost
Thereof,” which authorized refunding bonds to be issued to refund the Refunded Bonds;
BE IT RESOLVED BY TOWNSHIP COUNCIL OF THE TOWNSHIP OF
LIVINGSTON IN THE COUNTY OF ESSEX, NEW JERSEY that:
Section 1. There shall be issued bonds of the Township in an amount not to exceed
$3,800,000 pursuant to the following bond ordinance (#04-201 5):
“REFUNDING BOND ORDINANCE PROVIDING FOR THE
REFUNDING OF CERTAIN GENERAL OBLIGATION BONDS
OF THE TOWNSHIP OF LIVINGSTON, NEW JERSEY,
APPROPRIATING
THEREFOR
$3,800,000
AND
AUTHORIZING THE ISSUANCE OF $3,800,000 BONDS OR
NOTES OF THE TOWNSHIP FOR FINANCING THE COST
THEREOF.”
Section 2. The bonds referred to in Section 1 hereof are sometimes hereinafter
collectively referred to as the “Bonds.” The Bonds will be issued in one series as “General
Obligation Refunding Bonds, Series 2015.” The Bonds of said issue (i) shall be dated the date of
#2199681 v2
105312-90323
delivery of the Bonds, (ii) shall mature in the years 2016 through 2020, or such other years as
may be determined by the Chief Financial Officer, (iii) shall bear interest at the interest rates per
annum as determined by the Chief Financial Officer, (iv) shall be sold at such price or prices as
determined by the Chief Financial Officer, and (v) may be subject to redemption prior to their
stated maturities as determined by the Chief Financial Officer, as shall be set forth in the
proposal for the purchase of the Bonds acceptance of which is authorized pursuant to Section 10
hereof. The Bonds shall be numbered one consecutively upward, and will be issued in fully
registered form. When issued, the Bonds will be registered in the name of and held by Cede &
Co., as the owner thereof and nominee for The Depository Trust Company, New York, New
York (“DTC”), an automated depository for securities and clearinghouse for securities
transactions. Upon issuance, the Bonds will be delivered to DTC in single denominations for
each maturity of the Bonds. Individual purchases of beneficial interests in the Bonds will be
made in book-entry form (without certificates) in the denomination of $1,000 each or any
integral multiple thereof.
Section 3. The Bonds shall bear interest from their date based on their outstanding
principal amount at the rate to be set forth in Section 2 hereof, shall be payable as to principal in
lawful money of the United States of America at the administration office of the Township in
Livingston, New Jersey, payable semi-annually on the fifteenth day of January and July in each
year until maturity, commencing on July 15, 2015, or such other commencement date as may be
determined by the Chief Financial Officer, by check or draft mailed on such interest payment
date to the owners thereof registered as such as of each next preceding July 1 and January 1.
Interest on the Bonds shall be calculated on the basis of a 360-day year of twelve 30-day
calendar months.
Notwithstanding any other provision herein to the contrary, so long as DTC or its
nominee, Cede & Co., is the registered owner of the Bonds, payments of the principal of and
interest on the Bonds will be made directly to Cede & Co., as nominee of DTC in accordance
with the provisions of the DTC Letter of Representations to be executed by the Township and
DTC. Disbursal of such payments to the DTC participants is the responsibility of DTC, and
disbursal of such payments to the beneficial owners of the bonds is the responsibility of the DTC
participants.
Section 4. The Bonds shall be signed by the Mayor and the Township Chief Financial
Officer, by their manual or facsimile signatures, and the corporate seal of the Township shall be
affixed thereto, or imprinted or reproduced thereon and shall be attested by the manual or
facsimile signature of the Clerk or Deputy Clerk of the Township.
Section 5. The Bonds and the registration provisions endorsed thereon shall be in
substantially the following form:
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(FORM OF BOND)
No. 2015
UNITED STATES OF AMERICA
STATE OF NEW JERSEY
TOWNSHIP OF LIVINGSTON,
IN THE COUNTY OF ESSEX
GENERAL OBLIGATION REFUNDING BOND, SERIES 2015
Date of Bond: May_, 2015
Principal Amount: S
Date of Maturity: July 15, 20
CUSIP:
The TOWNSHIP OF LIVINGSTON, a municipal corporation of the State of New Jersey,
(the “Township”) hereby acknowledges itself indebted and for value received promises to pay to
Cede & Co. or registered assigns, the sum specified above as the Principal Amount on the date
specified above as the Date of Maturity, upon presentation and surrender of this Bond, and to pay
to the registered owner hereof interest on such sum, from the Date of Bond specified above until
the Date of Maturity specified above, at the rate of
per centurn (%) per
annum payable on July 15, 2015 and thereafter semi-annually on the fifteenth day of January and
July in each year. Principal of this Bond will be paid in lawful money of the United States of
America, at the administration office of the Township in Livingston, New Jersey. Interest on this
Bond will be payable in lawful money of the United States of America by check or draft mailed
on such interest payment date to the registered owner hereof as shown on the books of the
Township kept for such purpose by the Chief Financial Officer of the Township (the “Bond
Registrar”) as of the first day of the month in which the payment of interest is to be made.
All of the Bonds, of which this Bond is one, shall be initially issued as one fully
registered bond for each maturity in the name of Cede & Co., as registered owner and nominee
for The Depository Trust Company (“DTC”). Notwithstanding any other provision herein to the
contrary, so long as DTC or its nominee, Cede & Co., is the registered owner of the Bonds,
payments of the principal of and interest on the Bonds will be made directly to Cede & Co., as
nominee of DTC in accordance with the provisions of the DTC Letter of Representations
executed by the Township and DTC relating to the Bonds. Disbursal of such payments to the
DTC participants is the responsibility of DTC, and disbursal of such payments to the beneficial
owners of the Bonds is the responsibility of the DTC participants.
The Bonds are not subject to redemption prior to their stated maturity.
This Bond is transferable only upon the books of the Bond Registrar, by the registered
owner hereof in person or by his attorney duly authorized in writing, upon surrender hereof
together with a written instrument of transfer satisfactory to the Township duly executed by the
registered owner or such duly authorized attorney, and thereupon the Township shall issue in the
name of the transferee a new bond or bonds of the same aggregate principal amount, series,
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designation, maturity and interest rate as the surrendered bond. The Township and any paying
agent of the Township may treat and consider the person in whose name this Bond is registered
as the holder and absolute owner hereof for the purpose of receiving payment of’, or on account
of’, the principal and interest due hereon and for all other purposes whatsoever.
This Bond is one of an authorized issue of bonds of the Township and is issued pursuant
to the Local Bond Law, constituting Chapter 2 of Title 40A of the Revised Statutes of the State
of New Jersey, a resolution of the governing body of the Township adopted May 7, 2015 and by
virtue of a certain bond ordinance refen-ed to therein.
The full faith and credit of the Township are hereby irrevocably pledged for the punctual
payment of the principal of and interest on this Bond according to its terms. This Bond shall not
be or be deemed to be a debt or liability of the State of New Jersey or a pledge of the faith and
credit of the State of New Jersey.
It is hereby certified and recited that all conditions, acts and things required by the
Constitution or statutes of the State of New Jersey to exist, to have happened or to have been
performed precedent to or in the issuance of this Bond exist, have happened and have been
performed, and that the issue of bonds of which this is one does not exceed any limitation
imposed thereon by said Constitution or statutes.
In the event the Township determines that the beneficial owners of the Bonds (the actual
purchasers of the Bonds) shall be able to obtain certificated bonds, the Township shall notify
DTC of the availability of bond certificates. In such event, the Township will appoint a paying
agent and the Township will issue, transfer and exchange bond certificates in appropriate
amounts as required by DTC and others. DTC may determine to discontinue providing its
services with respect to the bonds at any time by giving a reasonable amount of notice in writing
to the Township. In the event of such determination, if the Township fails to identify another
qualified securities depository as successor to DTC, the Township will appoint a paying agent
and the Township will issue and deliver replacement bonds in the form of fully registered
certificates. Whenever DTC requests the Township to do so, the Township will cooperate with
DTC in taking appropriate action (a) to make available one or more separate certificates
evidencing the bonds to any DTC participant (participants of DTC) having bonds credited to its
DTC account or (b) to anange for another securities depository to maintain custody of
certificates evidencing the bonds.
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IN WITNESS WHEREOF, THE TOWNSHIP OF LIVINGSTON has caused this Bond
to be executed in its name by the manual or facsimile signatures of its Mayor and its Township
Chief Financial Officer, and its corporate seal (or facsimile thereof) to be affixed, imprinted or
reproduced hereon, and this Bond and said seal to be attested by the manual or facsimile
signature of the Township Clerk, and this Bond to be dated the
th day of May, 2015.
ATTEST:
TOWNSHIP OF LIVINGSTON
Glenn R. Turtletaub
Township Clerk
Michael M. Silvennan
Mayor
William S. Nadolny
Chief Financial Officer
The following abbreviations, when used in the inscription on this bond, shall be
construed as though they were written out in full according to applicable laws or regulations
(additional abbreviations may also be used though not in the following list):
TEN COM
TEN ENT
JT TEN
as tenants in common
as tenants by the
entireties
as joint tenants with
right of survivorship
and not as tenants
in common
UNIF GIFT MIN ACT
_Custodian
(Cust)
(Minor)
under Uniform Gifts
to Minors Act
(State)
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ASSIGNMENT
FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto
PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF
ASSIGNEE (FOR COMPUTER RECORD ONLY)
(Please Print or Typewrite Name and Address of Transferee)
the within bond, and all rights thereunder, and hereby irrevocably constitutes and appoints
Attorney, to transfer the within bond on the books kept for the registration thereof with full
power of substitution in the premises.
Dated:
NOTICE: The signature to this assignment must correspond with the name as it appears upon
the first page of the within bond in every particular, without alteration or enlargement or any
change whatever.
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CERTIFICATE AS TO LEGAL OPINION
The undersigned Clerk of the Township of Livingston, New Jersey hereby certifies that a
true and correct copy of the original legal opinion of the law firm of Gibbons P.C., Newark, New
Jersey as to the validity of the issue of Bonds of which the within bond is one is available for
inspection at the Office of the Clerk of the Township of Livingston, New Jersey and a copy
thereof may be obtained by the registered or beneficial owner hereof upon request.
Township Clerk
Section 6. The Township Chief Financial Officer is hereby authorized and directed (a) to
cause a copy of the written opinion with respect to the Bonds which is to be rendered by the finn
of Gibbons P.C. (complete except for omission of its date) to be printed or referred to on the
Bonds, and at the time of the original delivery of payrrient for the Bonds and when such written
opinion is rendered, to cause the Township Clerk to certify to the truth and correctness of such
copy of opinion by executing on each of said Bonds, by manual or facsimile signature, a
certificate subjoined to each such copy, and to file a signed duplicate of such written opinion in
such Clerk’s office and at each place at which the Bonds are payable, (b) to cause the applicable
CUSIP number (if any) assigned for each of said Bonds by the CUSIP Service Bureau of
Standard & Poor’s Corporation of New York, New York, to be printed on each of the Bonds, and
(c) to cause, in the event that the Bonds shall qualify for issuance of any policy of municipal
bond insurance at the option of the purchaser thereof, such legend or reference (if any) of such
insurance to be printed (at the expense of such purchaser) on the Bonds.
Section 7. Upon the date of issue of the Bonds, being the date of delivery of the Bonds to
DTC on behalf of the purchaser and the payment of the purchase price thereof in accordance
with the Bond Purchase Agreement (as hereinafter defined), the Township Chief Financial
Officer is hereby authorized and directed as of said date of issue, to execute and deliver to said
purchaser (a) an arbitrage certification with respect to the Bonds under and for the purpose of
Section 148 of the Internal Revenue Code of 1986, as amended (the “Code”), and (b) an
accompanying opinion of Gibbons P.C. as of said date of issue with respect to said arbitrage
certification for the purposes of said Section 148.
Section 8. The proceeds of the Bonds shall be applied in the amounts and for the purpose
provided in Section 1 hereof, and to pay and fund any bond anticipation notes theretofore issued
for such purpose and then outstanding.
Section 9. The Mayor and Township Chief Financial Officer are hereby authorized and
directed to approve the Preliminary Official Statement of the Township issued in connection
with the Bonds, the Official Statement of the Township issued in connection with the Bonds, the
DTC Letter of Representation, the Escrow Deposit Agreement and the Continuing Disclosure
Certificate and their use in connection with the sale of the Bonds and are further authorized, as is
the Township Clerk, to execute all documents, including, but not limited to, the Preliminary
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Official Statement, the Official Statement, the DTC Letter of Representation, and Continuing
Disclosure Certificate necessary for the sale and delivery of said Bonds.
Section 10. The Bonds are hereby authorized to be sold to FTN Financial Group (the
“Underwriter”) pursuant to the terms of a Bond Purchase Agreement between the Township and
the Underwriter (the “Bond Purchase Agreement”). The Mayor and the Township Chief
Financial Officer are hereby authorized to award the Bonds and directed to execute, and the
Clerk to attest to the Bond Purchase Agreement.
Section 11. The Township Chief Financial Officer is hereby authorized to purchase
securities in an amount necessary to effectuate the refunding of the outstanding amount of the
Refunded Bonds and to execute all documents necessary in connection therewith.
Section 12. FTN Financial Group is hereby appointed as the underwriter for the Bonds.
Section 13. This resolution shall take effect immediately.
AYES:
NAYS:
ABSTAIN:
ABSENT:
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1<
RESOLUTION NO. R-15-116
RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF
LIVINGSTON AUTHORIZING THE ENTERING INTO A DEVELOPER’S
AGREEMENT WITH MAR4MARK BUILDERS, LLC
WHEREAS, Maramark Builders LLC (“Maramark”) has made an Application No. 201045-MAJF to the Livingston Planning Board to subdivide the Site into 13 lots, one lot being used
for a bio-detention basin, one lot for open space, one lot for affordable housing and 10 lots for
residences; and
WHEREAS, the Livingston Planning Board passed a Resolution approving the
application on November 7, 2013; and
WHEREAS, the Board’s Model Condition of Approval #17 states: “Prior to the issuance
of any permits the Applicant shall have entered into a Developer’s Agreement negotiated with
the Township Attorney in conjunction with the Township Engineer.”; and
WHEREAS, the Township Attorney has negotiated the terms of the Developer’s
Agreement which has been approved by the Township Engineer.
NOW, THEREFORE, BE IT RESOLVED that the Township Council authorizes Mayor
Michael M. Silverman on behalf of the Township Council, to execute the Developer’s Agreement
with Maramark Builders, LLC.
Michael M. Silverman, Mayor
Glenn R. Turtletaub, Township Clerk
Approved as to form:
Sharon L. Weiner, Township Attorney
Adopted: April 13, 2015
Lj
R-15-117
RESOLUTION AUTHORIZING A WIRELESS TELECOMMUNICATION FACILITY LEASE AGREEMENT
WHEREAS, the Township of Livingston (“Township”) has a the need to construct a wireless
telecommunication tower and support facilities at the Livingston Municipal and Police Building; and
WHEREAS, the Township of Livingston rejected the bids received for the construction of a
wireless telecommunication tower and support facilities at the Livingston Municipal and Police Building
on two occasions due to the fact that they did not meet the minimum bid requirement; and
WHEREAS, pursuant to the provisions of 40A: 11-5 (3) (b) (i) (ii) (iii), the Township negotiated
a wireless telecommunication facility lease agreement with Wireless Towers Group, LLC in a form
acceptable to the Township Attorney; and
NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of
Livingston, in the County of Essex, State of New Jersey authorizes the Mayor to enter into a wireless
telecommunication facility lease agreement between Wireless Edge Towers Group, LLC and the
Township in a form acceptable to the Township Attorney; and
BE IT FURTHER RESOLVED that a copy of this Resolution shall be published in the West
Essex Tribune as required by law.
Michael M. Silverman, Mayor
Glenn R. Turtletaub, Township Clerk
Approved as to form:
Sharon L. Weiner, Township Attorney
Adopted:
April 13, 2015
R-15-118
RESOLUTION
Authorizing 2014 Municipal Recycling Tonnage Grant Application
WHEREAS, the Mandatory Source Separation and Recycling Act, P.L. 1987, c. 102, has established a
recycling fund from which tonnage grants may be made to municipalities in order to encourage local
source separation and recycling programs; and
WHEREAS, it is the intent and the spirit of the Mandatory Source Separation and Recycling Act to use
the tonnage grants to develop new municipal recycling programs and to continue and to expand existing
programs; and
WHEREAS the New Jersey Department of Environmental Protection has promulgated recycling
regulations to implement the Mandatory Source Separation and Recycling Act; and
WHEREAS, the recycling regulations impose on municipalities certain requirements as a condition for
applying for tonnage grants, including but not limited to, making and keeping accurate, verifiable records
of materials collected and claimed by the municipality; and
WHEREAS, a resolution authorizing this municipality to apply for the 2014 Recycling Tonnage Grant will
memorialize the commitment of this municipality to recycling and to indicate the assent of the Township
Council of the Township of Livingston to the efforts undertaken by the municipality and the requirements
contained in the Recycling Act and recycling regulations; and
WHEREAS, such a resolution should designate the individual authorized to ensure the application is
properly completed and timely filed.
NOW THEREFORE BE IT RESOLVED by the Township Council of Township of Livingston that the
Township of Livingston hereby endorses the submission of the Recycling Tonnage Grant Application to
the New Jersey Department of Environmental Protection, and designates Russell A. Jones, Jr., Recycling
Coordinator, to ensure that the application is properly filed; and
BE IT FURTHER RESOLVED that the monies received from the recycling tonnage grant be deposited in
a dedicated recycling trust fund to be used solely for the purposes of recycling.
Approved as to form:
Michael M. Silverman
Sharon L. Weiner
Township Attorney
Glenn R. Turtletaub
Adopted: April 13, 2015
Mayor
Township Clerk