On the agenda: Livingston Township meeting — Surveillance Camera (Apr 10)

Livingston Township Council

April 10, 2023 AGENDA
REGULAR MEETING @ 7:30PM

Reading of the Sunshine Statement
Quorum Roll Call
Moment of Silence
Pledge of Allegiance
Proclamations & Presentations
1)

Livingston Fifth Grade Travel Basketball Team

2)

Livingston Jr Lancer Wrestling Team

3)

Arbor Day 2023

Essex County Updates
Approval of Minutes, Pending Any Corrections
1)

Regular and Conference Minutes for March 27, 2023

2)

Closed Session Minutes for March 27, 2023

Public Comment on Agenda Items Only (4 minute time limit)
Passage of Ordinances
Final Hearing / 2nd Reading Ordinances:
Introduction:
Consent Agenda for Resolutions: *Res 23-126
“All matters listed with an asterisk (*) are considered to be routine and non-controversial by
the Council and will be approved by one motion. There will be no separate discussion of
these items unless a member of the governing body so requests, in which case the item will
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be removed from the consent agenda and considered in its normal sequence on the agenda
as part of the general orders.”
1)

*Res 23-127 Authorizing Execution Of A Memorandum Of
Understanding Between The Township Of Livingston And The
County Of Essex For The Installation And Maintenance Of
Surveillance Cameras And Equipment On Traffic Signals And
Rights Of Way Belonging To The County Of Essex

Packet

2)

*Res 23-128 Authorizing a Contract with Jesco, Inc.

Packet

3)

*Res 23-129 Authorizing the Award of a Contract to FSC Leak
Detection

Packet

4)

*Res 23-130 Authorizing the Award of a Contract to Your Way
Construction, Inc.

Packet

5)

*Res 23-131 Authorizing the Acceptance of the Following
Streets: Jason Lane, Lafayette Drive (From Route 10 / Mount
Pleasant Ave to Jason Lane), Overlook Road

Packet

6)

*Res 23-132 Claimant Certification Requirement

Packet

7)

* Res 23-133 Releasing Developer's Agreement 8 Peach Tree

Packet

Public portion (On any subject – 3 minute time limit)
Reports of Township Officials and Council Members
Executive (Closed) Session: Res 23-134

Packet

Adjournment

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Welcome to the Livingston Township Council Meeting
April 10, 2023 at 7:30PM
STATEMENT OF COMPLIANCE WITH THE SUNSHINE LAW N.J.S.A. 10:4-10

This meeting is being held in accordance with the Open Public Meetings Act and adequate
notice of this meeting has been provided as required by law. Specifically, the revised
annual notice was emailed to the West Essex Tribune and the Star Ledger on February 28,
2023.
Notice to members of the governing body and Township staff: Any use of electronic devices
during this meeting shall be used solely for the purposes of Township business and any
communications are subject to the Open Public Records Act.
To the extent possible, this evening’s Township of Livingston Council meeting will be
livestreamed via Facebook at https://www.facebook.com/LivingstonTownshipNJ.
Questions or comments will also be accepted by emailing [email protected] by
4:00pm on the day of the meeting. Each speaker should follow the rules of order in
Livingston code §2-15.

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Res 23-126
TOWNSHIP OF LIVINGSTON
ESSEX COUNTY, NEW JERSEY

Resolution Accepting, Approving and/or Adopting the
Consent Agenda of April 10, 2023
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 10, 2023 attached hereto, which are preceded by an “*” are the Consent Agenda and are hereby
accepted, approved and/or adopted.
_________________________________
Carolyn Mazzucco,RMC Township Clerk
Adopted: 4/10/2023

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Res 23-127

TOWNSHIP OF LIVINGSTON
ESSEX COUNTY, NEW JERSEY
Authorizing Execution Of A Memorandum Of Understanding Between The Township Of Livingston
And The County Of Essex For The Installation And Maintenance Of Surveillance Cameras And
Equipment On Traffic Signals And Rights Of Way Belonging To The County Of Essex
WHEREAS, the Township of Livingston (the “Township”) wishes to install and maintain surveillance
cameras and equipment on traffic signals and within rights of way belonging to the County of Essex (the
“County”); and
WHEREAS, the County requires that the Township submit a certified copy of a resolution approved by the
Township governing body indicating that the Township will hold the County of Essex harmless from any
claims or actions of law directly resulting from the installation and maintenance of said surveillance
cameras and equipment.
NOW, THEREFORE, BE IT RESOLVED that the Township Mayor, his designee, Township Clerk and
Chief of Police are hereby authorized to execute on behalf of the Township of Livingston, a memorandum
of understanding with the County of Essex. Said Memorandum shall be in the form attached hereto, or
substantially similar thereto, and shall have a Hold Harmless and Indemnification provision providing for
the Indemnification of the County of Essex for any claims directly arising from the Township’s use of traffic
signals and rights of way all belonging to the County of Essex for the purpose of installing and
maintaining surveillance cameras and equipment; and
BE IT FURTHER RESOLVED that a copy of this resolution and executed Memorandum of Understanding
with Hold Harmless and Indemnification provision shall be filed with the Township’s Clerk’s Office by the
Chief of Police or his designee.

________________________________________
Michael M. Vieira, Mayor Township of Livingston

Adopted: April 10, 2023
Certification
This is to certify that the foregoing Resolution is a true and correct copy of a Resolution which
was duly and regularly introduced and finally adopted at the meeting of the Township of Livingston held
on the ___th day of April 2023 and duly recorded in my office; that all requirements of law pertaining to
the conduct of said meeting and passage of this resolution were observed; and that I am duly authorized
to execute this certificate.
DATED this ______ day of _________, 2023.
SEAL
_______________________________
Carolyn S. Mazzucco, Township Clerk

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RES 23-128
TOWNSHIP OF LIVINGSTON
ESSEX COUNTY, NEW JERSEY
Resolution Authorizing a Contract with Jesco, Inc.
WHEREAS, the Township of Livingston (“Township”) has the need to purchase a new vibe roller; and
WHEREAS, P.L. 2011, c. 139 authorizes a municipality to use a nationally-recognized and accepted cooperative
purchasing agreement that has been developed utilizing a competitive bidding process by another contracting unit
with the State of New Jersey or within any other State; and
WHEREAS, the Township of Livingston is a member of the Sourcewell purchasing cooperative; and
WHEREAS, the Township of Livingston requested pricing from Jesco, Inc. through Sourcewell; and
WHEREAS, Jesco, Inc.’s proposal meets all of the Township’s requirements and 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 Director of Public Works has evaluated the proposal for qualifications, experience, and cost
reasonableness, and recommends the award of a contract to Jesco, Inc.; and
WHEREAS, the Township Manager is recommending the award of a contract to Jesco, Inc. in an amount not to
exceed $51,689.00; and
WHEREAS, the Chief Financial Officer has certified that sufficient funds are available in account C-04-55-023-004D01.
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 Jesco, Inc. in an
amount not to exceed $51,689.00
Adopted:
April 10, 2023

Carolyn Mazzucco, RMC Township Clerk

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RES 23-129
TOWNSHIP OF LIVINGSTON
ESSEX COUNTY, NEW JERSEY
Resolution Authorizing The Award of a Contract To FSC LEAK DETECTION
WHEREAS, the Township of Livingston (“Township”) has a need for a leak detection survey, on-call leak detection
services and mapping and digital reporting services that cannot otherwise be performed by its regular employees; and
WHEREAS, on March 9, 2023, the Township of Livingston issued Bid No. 9-2023 as an open ended contract to solicit
bids from contractors experienced in leak detection surveys, on-call leak detection services and mapping and digital
reporting services; and
WHEREAS, the bid was advertised on the Township of Livingston website and West Essex Tribune on March 9, 2023
and as a result eleven (11) bid packages were requested; and
WHEREAS, on March 29, 2023, one (1) bid was received by the bid deadline and publicly read; and
WHEREAS, FSC Leak Detection 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, FSC Leak Detection submitted a unit price of $195.00 per mile for a leak detection survey, $1,050.00 per
hour for on-call leak detection services and $1.00 lump sum for mapping and digital reporting services; and
WHEREAS, the Utility Engineer has evaluated the proposal for qualifications, experience, and cost reasonableness,
and recommends the award of a contract to FSC Leak Detection; and
WHEREAS, the Township Manager is recommending the award of a twenty-four (24) month contract to FSC Leak
Detection; 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 FSC Leak Detection effective June 1, 2023.
Adopted:
April 10, 2023

Carolyn Mazzucco, RMC Township Clerk

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RES 23-130
TOWNSHIP OF LIVINGSTON
ESSEX COUNTY, NEW JERSEY
Resolution Authorizing The Award of a Contract To Your Way Construction, Inc.
WHEREAS, the Township of Livingston (“Township”) has a need for the Senior Community Center Parking Lot
Improvements that cannot otherwise be performed by its regular employees; and
WHEREAS, on March 9, 2023, the Township of Livingston issued Bid No. 8-2023 to solicit bids from contractors
experienced in parking lot improvements; and
WHEREAS, the bid was advertised on the Township of Livingston website and West Essex Tribune on March 9, 2023
and as a result thirty-three (33) bid packages were requested; and
WHEREAS, on March 29, 2023, twelve (12) bids were received by the bid deadline and publicly read; and
WHEREAS, Your Way Construction, 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, the Township Engineer has evaluated the proposal for qualifications, experience, and cost
reasonableness, and recommends the award of a contract to Your Way Construction, Inc.; and
WHEREAS, the Township Manager is recommending the award of a contract to Your Way Construction, Inc. in an
amount not to exceed $617,422.68; and
WHEREAS, the Chief Financial Officer has certified that sufficient funds are available in accounts C-04-55-021-030B03, C-04-55-022-023-B01 and C-04-55-022-023-B20 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 contract with Your Way
Construction, Inc. in an amount not to exceed $617,422.68.

Adopted:
April 10, 2023

Carolyn Mazzucco, RMC Township Clerk

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Res-23-131

TOWNSHIP OF LIVINGSTON
ESSEX COUNTY, NEW JERSEY
Authorizing the Acceptance of the Following Streets:
Jason Lane
Lafayette Drive (From Route 10 / Mount Pleasant Avenue to Jason Lane)
Overlook Road
WHEREAS, the Township Engineer has reported that the streets mentioned below have been fully installed and
completed in accordance with the applicable ordinances of the Township of Livingston and the standard specifications
of the Township.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Livingston, County of Essex,
State of New Jersey that the Township hereby accepts as of the date hereof the following public streets as shown and
laid down on the Map entitled As-Built Survey of Roadway Lafayette Drive/Overlook Road, as prepared by Lakeland
Surveying, last dated January 30, 2023:
Jason Lane
Lafayette Drive (From Route 10 / Mount Pleasant Avenue to Jason Lane)
Overlook Road
BE IT FURTHER RESOLVED that any and all bonds and other security posted with the Township by the Developer to
insure the improvement and completion of the same in accordance with the Township specifications and requirements
be and the same are hereby released, except that nothing herein contained shall be deemed or construed to release
any bond or other security posted for the maintenance or any necessary repair of any such street or installation therein.

Carolyn Mazzucco, Township Clerk
Adopted: April 10, 2023

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Res 23-132
TOWNSHIP OF LIVINGSTON
ESSEX COUNTY, NEW JERSEY

RESOLUTION IMPLEMENTING THE CLAIMANT
CERTIFICATION REQUIREMENT POLICY
WHEREAS, N.J.A.C.5:30-9A.6 and 5:31-4.1 allows for greater flexibility for local units when
implementing the claimant certification set forth in N.J.S.A. 40A:5-16(a); and
WHEREAS, the local units are now given discretion to require a claimant certification as it deems
necessary and appropriate; and
WHEREAS, the Chief Financial Officer of the Township of Livingston recommends that a
claimant signature only be required for Refunds, Advanced Payment, Employee Reimbursements,
or for services provided exclusively and entirely by an individual (i.e. sole proprietors) and as
deemed necessary by the Chief Financial Officer and/or Township Manager; and
NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of
Livingston, County of Essex that, effective immediately, claimant’s signatures will only be required
for Refunds, Advance Payments, Employee Reimbursements, or for services provided exclusively
and entirely by an individual.

______________________________
Carolyn Mazzucco, Township Clerk
Adopted: April 10, 2023

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Res 23-133
TOWNSHIP OF LIVINGSTON
ESSEX COUNTY, NEW JERSEY
A RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP
OF LIVINGSTON AUTHORIZING THE EXECUTION OF THE
RELEASE OF THE DEVELOPER’S AGREEMENT WITH RLP III
WEST ESSEX LOGISTICS, LLC RELATIVE THAT CERTAIN
PROPERTY COMMONLY KNOWN AS 8 PEACH TREE HILL ROAD,
LIVINGSTON, NJ.
WHEREAS, RLP III West Essex Logistics, LLC (the “Developer”) entered into a Developer’s
Agreement with the Township of Livingston for that certain property designated as Block 6100 Lot 12
and 13 on the Official Tax Map of the Township of Livingston and commonly known as 8 Peach Tree
Hill Road, Livingston, New Jersey 07039 (the “Property”); and
WHEREAS, the Developer has completed all obligations pursuant to the Developer’s Agreement
and has posted the two (2) year maintenance bond; and
WHEREAS, the Township Council of the Township of Livingston pursuant to the Agreement
desires to authorize that a Release be executed to releasing the Developer from the Developer’s
Agreement; and
WHEREAS, the Township desires to authorize the Release of the Developer’s Agreement in a
form substantially similar to that attach hereto as Exhibit “A”; and
NOW THEREFORE BE IT RESOLVED by the Mayor and the Township Council of the
Township of Livingston, County of Essex, State of New Jersey that the Mayor is hereby authorized to
execute the Release of the Developer’s Agreement in a manner, substantially similar to that attached
hereto as Exhibit “A.”

________________________________
Carolyn Mazzucco, Township Clerk

Adopted: April 10, 2023

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Res 23-134

TOWNSHIP OF LIVINGSTON
ESSEX COUNTY, NEW JERSEY
RESOLUTION to go into Closed Session
WHEREAS: the Open Public Meetings Act, P.L. 1975, Chapter 231 permits the exclusion of the public
from a meeting in certain circumstances; and
WHEREAS: the Township Council is of the opinion that such circumstances presently exist; and
WHEREAS: the Township Council wishes to discuss:
1)

WHEREAS: minutes will be kept, and once the matter involving the confidentiality of the above no longer
requires confidentiality, the minutes can be made public.
NOW, THEREFORE BE IT RESOLVED by the Township Council of the Township of Livingston that the
public be excluded from this meeting.

________________________________
Carolyn Mazzucco, RMC Township Clerk

Adopted: April 10, 2023

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