township of warren township committee meeting minutes

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TOWNSHIP OF WARREN TOWNSHIP COMMITTEE MEETING MINUTES February 13, 2020 Clerk Reese read the following statement: In compliance with the Open Public Meetings Act of New Jersey, adequate notice of this meeting was provided on January 8 2020; publication in the Star Ledger, sending written notices to the Courier News and Echoes Sentinel on posting on the Bulletin Board in the Municipal Building and filing with the Township Clerk. This meeting is to be taped for broadcast on the Access Channel and everyone is required to comply with the policies and procedures governing access programming for the Access Channel. No mention of political affiliation or political advertising shall take place at this meeting or it will be deleted from any rebroadcast of the meeting. Public comments at the public hearings for ordinances and resolutions as well as agenda items, are limited to 3 minutes per person, unless extended discussion is permitted by the Mayor. Deputy Mayor Lazo called the meeting to order at 7:10 PM. ROLL CALL: Committeewoman Maziarz, Committeeman Sordillo, Committeeman DiNardo and Deputy Mayor Lazo were present. Mayor Marion was absent, but excused. FLAG SALUTE: Everyone in attendance stood and recited the Pledge of Allegiance.

Proclamations -CELEBRATING THE 100th ANNIVERSARY OF WOMEN’S SUFFRAGE was read in full by Committeewoman Maziarz. -BUILDING SAFETY MONTH— May, 2020 was read in full by Clerk Reese. Deputy Mayor Lazo moved Discussion Item “B” to the forefront of the agenda in consideration to the amount of residents present for this item. Attorney Lehrer explained the procedure for the Elm Avenue Sewer Extension Assessment:

1) Survey is sent to the residents in the designated area to see if they want to participate. More than 50% of those residents must agree to move forward with the project.

2) Contract are issued to the individual residents participating. 3) Estimates for the project are attained. 4) The Authority then must get a bond for the project 5) The project is built 6) 3 Assessment Commissioners are appointed by law to determine the project

cost, and how the cost will be appropriated to the participants. 7) Connection fee gets paid up front, and then is deducted from the assessment. 8) There will be neighborhood meetings and separate meeting to address the

project to address all the questions. Deputy Mayor Lazo then opened the floor for questions on this topic: Liz Peterson, 5 Third Street asked that 3rd Street be included, Committeeman DiNardo assured residents that it would be included. Ralph Amato, 19 Fourth Street – asked that 4th Street be included, Administrator Krane noted that it would be included.

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John McHugh, 21 Eight Street –asked what is the timetable for this process. Mr. Krane responded that the permits have to be issued by the Department of Environmental Protection, and how long that would take could not be determined. Matthew Skierski, 2 First Street – suggested that the township send letters to all neighbors to generate and build interest and add momentum for other public utilities to be available. Jose Nunes, 4 Elm Street - asked the Committee to include all the way to Liberty Corner to First Street. Michael Sullivan, 45 & 49 Ferguson Road, would like Ferguson to be considered for sewer as well. Deputy Mayor Lazo decided to move Discussion Item “A” as the next topic on the agenda. Committeewoman Maziarz explained that a recommendation from Recreation that the Township move the equipment from Elm Avenue Park to Greenwood Avenue Park. The Township Committee sent out a survey to the Elm Avenue area residents, and the response is that the Elm Avenue Park is being used by residents. At this point the Elm Avenue Park is staying, as well as the equipment and the Township is making repairs to the park. Committeewoman Maziarz urges all residents in this area to return their surveys, in order for the Township Committee to make a long term decision regarding the park. PUBLIC HEARINGS:

Committeeman DiNardo read the following Ordinance by title for adoption: ORDINANCE NO. 20-03 (SECOND READING / ADOPTION) AN ORDINANCE ACCEPTING A DEED OF ROAD DEDICATION FROM ARC OF SOMERSET WITH REGARD TO LOT 13.06, BLOCK 86.01 SHOWN ON THE TAX MAP OF THE TOWNSHIP OF WARREN. Deputy Mayor Lazo Opened the Public Hearing and as there were no comments, he Closed the Public Hearing and asked for a motion to adopt. Committeeman DiNardo made a Motion to adopt Ordinance 20-03, seconded by Committeewoman Maziarz. Roll call: Committeewoman Maziarz, yes; Committeeman Sordillo, yes; Committeeman DiNardo, yes and Deputy Mayor Lazo, yes. Mayor Marion was absent. Committeeman Sordillo read the following Ordinance by title for adoption: ORDINANCE NO. 20-04 (SECOND READING / ADOPTION) AN ORDINANCE ACCEPTING A DEED OF ROAD DEDICATION AND CONSERVATION EASAEMENT FROM JOSEPH APPEZZATO BUILDING CONTRACTOR, INC. WITH REGARD TO LOT 14, BLOCK 110 SHOWN ON THE TAX MAP OF THE TOWNSHIP OF WARREN. Deputy Mayor Lazo Opened the Public Hearing and as there were no comments, he Closed the Public Hearing and asked for a motion to adopt. Committeeman Sordillo made a Motion to adopt Ordinance 20-04, seconded by Committeewoman Maziarz. Roll call: Committeewoman Maziarz, yes; Committeeman Sordillo, yes; Committeeman DiNardo, yes and Deputy Mayor Lazo, yes. Mayor Marion was absent.

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Committeewoman Maziarz read the following Ordinance by title for adoption: ORDINANCE NO. 20-05 (SECOND READING / ADOPTION) BOND ORDINANCE PROVIDING AN APPROPRIATION OF $380,000 FOR IMPROVEMENTS TO SAWMILL ROAD FOR AND BY THE TOWNSHIP OF WARREN IN THE COUNTY OF SOMERSET, NEW JERSEY AND, AUTHORIZING THE ISSUANCE OF $360,000 BONDS OR NOTES OF THE TOWNSHIP FOR FINANCING PART OF THE APPROPRIATION Deputy Mayor Lazo Opened the Public Hearing and as there were no comments, he Closed the Public Hearing and asked for a motion to adopt. Committeeman DiNardo made a Motion to adopt Ordinance 20-05, seconded by Committeewoman Maziarz. Roll call: Committeewoman Maziarz, yes; Committeeman Sordillo, yes; Committeeman DiNardo, yes and Deputy Mayor Lazo, yes. Mayor Marion was absent. Committeeman DiNardo read the following Ordinance by title for adoption: ORDINANCE NO. 20-06 (SECOND READING / ADOPTION) AN ORDINANCE ACCEPTING A DEED FROM JCP&L FOR BLOCK 35, LOT 4 Explanation: This Ordinance accepts a Deed from JCP&L for property designated as Lot 4, Block 35 in connection with a Green Acres Major Disposal approval. Deputy Mayor Lazo Opened the Public Hearing and as there were no comments, he Closed the Public Hearing and asked for a motion to adopt. Committeeman DiNardo made a Motion to adopt Ordinance 20-06, seconded by Committeewoman Maziarz. Roll call: Committeewoman Maziarz, yes; Committeeman Sordillo, yes; Committeeman DiNardo, yes and Deputy Mayor Lazo, yes. Mayor Marion was absent. Clerk Reese asked the Committee not to adopt Ordinance No. 20-01 and to leave the member ship at 15 members, based on her discussions with the Historic Sites Committee. ORDINANCE NO. 20-01(Tabled from January 23, 2020) AN ORDINANCE OF THE TOWNSHIP OF WARREN IN THE COUNTY OF SOMERSET, STATE OF NEW JERSEY, TO AMEND THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF WARREN BY REVISING SECTION 2-22 ENTITLED “HISTORIC SITES COMMITTEE. Explanation: This Ordinance amends Chapter II entitled “Administration” of The Revised General Ordinances of the Township of Warren by revising Section 2-22 entitled “Historic Sites Committee” by reducing the number of members to twelve. Deputy Mayor Lazo Opened the Public Hearing and as there were no comments, he Closed the Public Hearing and asked for a motion to adopt. Committeewoman Maziarz made a Motion to adopt Ordinance 20-01, seconded by Committeeman Sordillo. Roll call: Committeewoman Maziarz, no; Committeeman Sordillo, no; Committeeman DiNardo, no and Deputy Mayor Lazo, no. Mayor Marion was absent. The motion failed and Ordinance 20-01 was not adopted.

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Committeeman Sordillo made a MOTION TO APPROVE TOWNSHIP COMMITTEE MINUTES: Regular and Executive Session for January 23, 2020. Seconded by Committeewoman Maziarz. Voice Vote: All in favor REPORTS OF TOWNSHIP OFFICERS OR OFFICIALS – There were none at this time. REPORTS OF STANDING COMMITTEES – Committeewoman Maziarz reported that the Warren Library Programs were posted in the Warren Monthly and urged all to review the programs offered. She requested that any suggestions be made on the Library website. She also thanked Mayor Matthew Moench from Bridgewater for his congratulations on her election and hoped that Warren and Bridgewater could possibly do some shared services this year. Administrator Krane also met with their Michael Pappas, their new Administrator. Deputy Mayor Lazo recently met with the Mayor Boccio of Greenbrook and their Administrator, Kelly Culpit. Committeeman Sordillo attended the JIF Insurance Commission Meeting. Warren Township has been a member for 20 years. COMMENTS ON AGENDA ITEMS – there were none at this time BILLS: Committeewoman Maziarz read the following resolution in full to pay bills RESOLUTION NO. 2020-066 Bill List 1 Committeewoman Maziarz Motion to adopt, seconded by Committeeman DiNardo. Roll call: Committeewoman Maziarz, yes; Committeeman Sordillo, yes; Committeeman DiNardo, yes and Deputy Mayor Lazo, yes. Mayor Marion was absent. RESOLUTION NO. 2020-067 Bill List 2 Committeeman DiNardo made a Motion to adopt, seconded by Committeeman Sordillo. Roll call: Committeewoman Maziarz, abstain; Committeeman Sordillo, yes; Committeeman DiNardo, yes and Deputy Mayor Lazo, yes. Mayor Marion was absent. COMMUNICATIONS AND PETITIONS – There none at this time.

OLD BUSINESS: There was none at this time. NEW BUSINESS: CONSENT AGENDA RESOLUTIONS: Committeeman Sordillo read the following statement: Resolutions No. 2020-054 through No. 2020-064 were submitted to the Township Committee for review and may be adopted by one motion. These resolutions are listed on the agenda for review and a complete copy made available in the Township Clerk’s office. 2020-054 AUTHORIZING SHARED SERVICE AGREEMENT WITH THE COUNTY

OF SOMERSET FOR PRINTING SERVICES 2020-055 AUTHORIZING PURCHASE OF #2 FUEL OIL THROUGH MORRIS

COUNTY COOPERATIVE PURCHASING AGREEMENT 2020-056 APPOINTMENTS TO MUNICIPAL OFFICES AND

BOARDS AND COMMITTEES

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2020-057 AUTHORIZING PURCHASE OF GASOLINE THROUGH MORRIS

COUNTY COOPERATIVE PURCHASING AGREEMENT 2020-058 AUTHORIZING PURCHASE OF #2 ULTRA LOW SULFUR DIESEL FUEL

THROUGH MORRIS COUNTY COOPERATIVE PURCHASING AGREEMENT

2020-059 AUTHORIZING EXECUTION OF MEMBER PARTICIPATION

AGREEMENT WITH CRANFORD POLICE COOPERATIVE PRICING SYSTEM

2020-060 DISCHARGE OF MORTGAGE 2020-061 AWARD OF CONTRACT FOR PROFESIONAL SERVICES

PYRAMID ASSOCIATES

2020-062 AUTHORIZING BUDGET TRANSFERS IN THE AMOUNT OF $59,000 2020-063 AMENDING SECTION TWENTY-THREE OF THE PERSONNEL POLICY 2020-064 AUTHORIZE SPECIAL TAX APPEAL ATTORNEY TO ENTER INTO

SETTLEMENT, Block 78, Lots 19.03 and 16 (Ivy Properties) Committeeman Sordillo made a Motion to adopt Consent Agenda Resolutions No. 2020- 054 through 2020-064, seconded by Committeewoman Maziarz. Roll call: Committeewoman Maziarz, abstain; Committeeman Sordillo, yes; Committeeman DiNardo, yes and Deputy Mayor Lazo, yes. Mayor Marion was absent. DEFERRED BUSINESS: There was none at this time DISCUSSION: a Elm Avenue Park moved by Deputy Mayor Lazo to the beginning of the agenda. b. Elm Ave Sewers moved by Deputy Mayor Lazo to the beginning of the agenda c. Update Draft Fire Dept. Ordinance – Committeeman DiNardo, 6-7 months of meetings and discussion, regarding the guidelines for the Fire Police and the Fire Department. Ordinance clarifies that the Fire Police are supervised by the Fire Department. The final draft version will be circulated to the fire departments and fire police. Administrator Krane would like to have this on the agenda for March12, 2020 for first reading and tintroduction. d. State Library Grant – The Township Committee reviewed Administrator Krane’s memo which recommended that the Township not file in the first round of this Grant for the Outdoor Reading Area. Warren Library Advisory Board is not in favor of this project and would prefer the Township apply for the Grant in Round 2 for the construction of a 2nd floor bathroom. e. Wagner House – 198 Mountain Avenue DPW Superintendent Doug Buro, recommends that the house be taken down, as it is in complete disrepair. A discussion ensued and the Township Committee agreed that Mr. Buro should proceed with the demolition. Discussion ensued about the Arboretum taking over and maintaining some of the other buildings on the property.

PRIVILEGE OF THE FLOOR Members of the public, wishing to address the governing body on any matter, are limited to three (3) minutes, unless there are unusual circumstances.

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Rick de Pinho, 11 Willshire Road, complained about the Township’s online payment system Karen Manner – 9 Snyder Road announced her resignation from the Wagner Farm Arboretum Foundation. She was gifted an $11,000 donation for musical instruments in the Garden. She shared an Instrument Garden concept with the Township Committee members. The Township Committee thanked Karen for her long service to the Wagner Farm. Pat O’Byrne – 22 Roberts Road, was concerned about the planned development, near exit 40 on Interstate 78. With 400 units planned would there be a traffic study. She was assured by the Committee and Mr. Lehrer that there would be a traffic study and any traffic issues would need to be resolved before moving forward. All agreed that traffic flow off the exit would need to be redesigned. Joe Faro, 3 Sage Drive asked that the township not tear down the Wagner house, and complained about the litter problem on King George Road. As there was no further business Deputy Mayor Lazo asked for a MOTION TO ADJORN. Committeeman DiNardo made a motion seconded by Committeeman Sordillo to adjourn. Voice vote: All in favor. The meeting adjourned at 8:29 PM. Respectfully submitted, Cathy Reese, RMC Township Clerk Approved: March 12, 2020

TOWNSHIP OF WARREN RESOLUTON NO. 2020-054

AUTHORIZING SHARED SERVICE AGREEMENT WITH THE COUNTY OF

SOMERSET FOR PRINTING SERVICES WHEREAS, the Township of Warren is desirous of entering into a shared service agreement with the County of Somerset for the purposes of providing copy and print services; and WHEREAS, the County of Somerset will provide said copy and print services at its Print Shop facility to the municipalities based on an agreed-upon fee schedule; and WHEREAS, the agreement is authorized pursuant to the terms of N.J.S.A. 40A:65-1 et seq; and WHEREAS, all parties hereto have approved the within Agreement; and WHEREAS, it is the desire of all parties to enter into such Agreement for said purposes; and NOW, THEREFORE, BE IT RESOLVED that the Township Committee of the Township of Warren does hereby authorize the Mayor and the Clerk to execute agreements as prepared by Somerset County for printing services through December 31, 2020.

INTRODUCED SECONDED COMMITTEE AYE NAY ABSTAIN ABSENT X MAZIARZ X

X SORDILLO X DINARDO X LAZO X MARION X

CERTIFICATION

I, Cathy Reese, Township Clerk of the Township of Warren, in the County of Somerset, New Jersey, do hereby certify the foregoing to be a true and correct copy of a resolution adopted at a meeting of the Township Committee held on February 13, 2020. Cathy Reese, RMC Township Clerk

TOWNSHIP OF WARREN RESOLUTION NO. 2020-055

AUTHORIZING PURCHASE OF #2 FUEL OIL THROUGH MORRIS COUNTY COOPERATIVE

PURCHASING AGREEMENT WHEREAS, the Township Committee of the Township of Warren by Resolution No. 2016-140, adopted on June 9, 2016, entered into an agreement to renew membership with the Morris County Cooperative Pricing Council through September 30, 2021; and WHEREAS, the Morris County Cooperative Pricing Council received bids for #2 Fuel Oil, and awarded said Contract #2 Fuel Oil; and WHEREAS, Warren Township requires the purchase of this item; and WHEREAS, a certificate showing the availability of funds for this contract in accordance with N.J.A.C. 5:30-14.5 has been provided by the Chief Financial Officer and is made a part hereof indicating that the appropriation for the within expenditure is charged to the following account #’s Fuel Oil – 0-01-31-447-7001; and NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Warren, that the Purchasing Agent is hereby authorized to purchase the items below in accordance with the Cooperative Purchasing Agreement as described above. Minimum Gallon Quantity 500 Maximum Gallon Quantity 10,000 Finch Fuel Oil Company, Inc. Delivery Charge P.O. Box 468 $0.1926 gallon Kearny, NJ 07032 The price per gallon shall be the posted Newark tank car price at the time of delivery plus delivery charge. The Purchasing Agent shall only order the sums required within the limit stated above, not to exceed $20,000 for all vendors regardless of vendor or contract. Superintendent of Public Works shall select vendor based upon price and availability. BE IT FURTHER RESOLVED, that the appropriate Township officials are authorized to execute the necessary contracts and purchase orders.



RESOLUTION NO. 2020-055 2

CERTIFICATION


CHIEF FINANCIAL OFFICER’S CERTIFICATION I, KAREN DENAVE, CHIEF FINANCIAL OFFICER OF THE TOWNSHIP OF WARREN, HEREBY CERTIFY THAT ADEQUATE FUNDS ARE AVAILABLE FOR THE ABOVE REFERENCED PURCHASE. MONIES ARE AVAILABLE IN ACCOUNT # 0-01-31-447-7001. DATED: February 13, 2020 KAREN DENAVE CHIEF FINANCIAL OFFICER


APPOINTMENTS TO MUNICIPAL OFFICES AND

BOARDS AND COMMITTEES BE IT RESOLVED by the Township Committee of the Township of Warren that the following persons be and hereby are appointed to Municipal Offices/Positions and Boards and Committees: HISTORIC SITES COMMITTEE Nancy Micou To December 31, 2022 GREEN TEAM Christina Lewis To December 31, 2020



CERTIFICATION



AUTHORIZING PURCHASE OF GASOLINE THROUGH MORRIS COUNTY COOPERATIVE PURCHASING AGREEMENT

WHEREAS, the Township Committee of the Township of Warren by Resolution No. 2016-140, adopted on June 9, 2016, entered into an agreement to renew membership with the Morris County Cooperative Pricing Council through September 30, 2021; and WHEREAS, the Morris County Cooperative Pricing Council received bids for motor gasoline, and awarded said Contract #1 Motor Gasoline; and WHEREAS, Warren Township requires the purchase of this item; and WHEREAS, a certificate showing the availability of funds for this contract in accordance with N.J.A.C. 5:30-14.5 has been provided by the Chief Financial Officer and is made a part hereof indicating that the maximum for the within expenditure is charged to the following account #’s Gasoline 0--01-31-460-7001 and Fuel Trust 0-03-286-56-2516; and NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Warren, that the Purchasing Agent is hereby authorized to purchase the items below in accordance with the Cooperative Purchasing Agreement as described above. Gal. at Time of Delivery Chg. Item Vendor Bid Per Gallon Gasoline Petroleum Traders Corp tank car price Newark +$0.0692 Mid-Grade PO Box 2357 on day of delivery for delivery of Ft. Wayne, IN 46801 minimum 7,500 gals Gasoline Griffith-Allied Oil, .LLC. tank car price Newark +$0.1269 Mid-Grade 25 Old Camplain Rd on day of delivery for delivery of Hillsborough, NJ 08844 minimum 7,500 gals Minimum Gallon Quantity 500 Maximum Gallon Quantity 135,000 The price per gallon shall be the posted Newark tank car price at the time of delivery plus delivery charge. The Purchasing Agent shall only order the sums required within the limit stated above, not to exceed $225,000 for all vendors regardless of vendor or contract. Superintendent of Public Works shall select vendor based upon price and availability. BE IT FURTHER RESOLVED, that the appropriate Township officials are authorized to execute the necessary contracts and purchase orders.




CERTIFICATION


CHIEF FINANCIAL OFFICER’S CERTIFICATION I, KAREN DENAVE, CHIEF FINANCIAL OFFICER OF THE TOWNSHIP OF WARREN, HEREBY CERTIFY THAT ADEQUATE FUNDS ARE AVAILABLE FOR THE ABOVE REFERENCED PURCHASE. MONIES ARE AVAILABLE IN ACCOUNTS 01-31-460-7001 AND 0-03-286-56-2516. DATED: February 13, 2020 KAREN DENAVE CHIEF FINANCIAL OFFICER


AUTHORIZING PURCHASE OF #2 ULTRA LOW SULFUR DIESEL FUEL THROUGH

MORRIS COUNTY COOPERATIVE PURCHASING AGREEMENT WHEREAS, the Township Committee of the Township of Warren by Resolution No. 2016-140, adopted on June 9, 2016, entered into an agreement to renew membership with the Morris County Cooperative Pricing Council through September 30, 2021; and WHEREAS, the Morris County Cooperative Pricing Council received bids for motor gasoline, and awarded said Contract #12: #2 Ultra Low Sulfur Diesel Fuel; and WHEREAS, Warren Township requires the purchase of this item; and WHEREAS, a certificate showing the availability of funds for this contract in accordance with N.J.A.C. 5:30-14.5 has been provided by the Chief Financial Officer and is made a part hereof indicating that the maximum for the within expenditure is charged to the following account #’s Fuel Trust 03-03-286-56-2516 and Diesel 0-01-31-447-7002; and NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Warren, that the Purchasing Agent is hereby authorized to purchase the items below in accordance with the Cooperative Purchasing Agreement as described above. Gal. at Time of Delivery Chg. Item Vendor Bid Per Gallon Diesel Fuel Griffith-Allied Trucking 4/1/20 - 10/31/20 +$0.1697 #2 Ultra Low 25 Old Camplain Rd 11/1/20 – 3/31/21 +$0.1797 Sulfur Hillsborough, NJ 08844 For delivery to one location

under 7,500 gals f Diesel Fuel Petroleum Traders Corp. 4//1/20-10/31/20 +$0.0563/gal #2 Ultra Low 7120 Pointe Inverness Way 11/1/20-3/31/21 +$0.0663/gal Sulfur Fort Wayne, Indiana 46804 for delivery of

minimum 7,500 gals Minimum Gallon Quantity 500 Maximum Gallon Quantity 60,000 The price per gallon shall be the posted Newark tank car price at the time of delivery plus delivery charge. The Purchasing Agent shall only order the sums required within the limit stated above, not to exceed $80,000 for all vendors regardless of vendor or contract. Superintendent of Public Works shall select vendor based upon price and availability. BE IT FURTHER RESOLVED, that the appropriate Township officials are authorized to execute the necessary contracts and purchase orders.




CERTIFICATION


CHIEF FINANCIAL OFFICER’S CERTIFICATION I, KAREN DENAVE, CHIEF FINANCIAL OFFICER OF THE TOWNSHIP OF WARREN, HEREBY CERTIFY THAT ADEQUATE FUNDS ARE AVAILABLE FOR THE ABOVE REFERENCED PURCHASE. MONIES ARE AVAILABLE IN ACCOUNTS 03-03-286-56-2516 AND 0-01-31-447-7002 DATED: February 13, 2020

KAREN DENAVE CHIEF FINANCIAL OFFICER

TOWNSHIP OF WARREN

RESOLUTION NO. 2020-059

A RESOLUTION AUTHORIZING THE TOWNSHIP OF WARREN TO ENTER INTO A COOPERATIVE PRICING AGREEMENT WITH CRANFORD POLICE

WHEREAS, N.J.S.A. 40A:11-11(5) authorizes contracting units to establish a Cooperative Pricing System and to enter into Cooperative Pricing Agreements for its administration; and

WHEREAS, the Cranford Police Cooperative Pricing System (ID # 47-CPCPS),

hereinafter referred to as the "Lead Agency” has offered voluntary participation in a Cooperative Pricing System for the purchase of goods and services;

WHEREAS, on February 13, 2020 the governing body of the Township of Warren),

County of Somerset , State of New Jersey duly considered participation in a Cooperative Pricing System for the provision and performance of goods and services;

NOW, THEREFORE BE IT RESOLVED as follows:

TITLE

This RESOLUTION shall be known and may be cited as the Cranford Police Cooperative Pricing Resolution of the Township of Warren

AUTHORITY

Pursuant to the provisions of N. J.S.A. 40A:11-11(5), the CHIEF EXECUTIVE

OFFICER is hereby authorized to enter into a Cooperative Pricing Agreement with the Lead Agency.

CONTRACTING UNIT

The Lead Agency shall be responsible for complying with the provisions of the,. Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) and all other provisions of the revised statutes of the State of New Jersey.

EFFECTIVE DATE

This resolution shall take effect immediately upon passage.



CERTIFICATION


{A1188845.1 }


DISCHARGE OF MORTGAGE 165 TOWN CENTER DRIVE

WHEREAS, a Mortgage (the “Mortgage”) dated December 23, 2008 was made by and between the Township of Warren and Vijay S. Gupte and Vijaya V. Gupte with regard to property (the Property”) located at 165 Town Center Drive, Warren, New Jersey; and

WHEREAS, on January 31, 2020, Vijay S. Gupte and Vijaya V. Gupte sold (the “Sale”) the Property to Christine Getz; and

WHEREAS, in connection with the Sale of the Property, it was necessary for the Township to discharge the Mortgage; and

WHEREAS, a Discharge of Mortgage (the “Discharge of Mortgage”) dated January 28, 2020, a copy of which is annexed hereto, was executed by the Township Administrator.

NOW, THEREFORE, BE IT RESOLVED, by the Township Committee of the Township of Warren, in the County of Somerset, State of New Jersey, that the execution of the Discharge of Mortgage by the Township Administrator is hereby ratified and confirmed.



CERTIFICATION


{A1188691.1 }


AWARD OF CONTRACT FOR PROFESIONAL SERVICES

PYRAMID ASSOCIATES

WHEREAS, the Township of Warren (“Township”) has a need for a Professional Real Estate Appraiser to prepare an appraisal report (the “Appraisal Report”) for property located at Block 55, Lot 13 as designated on the Tax Map of the Township of Warren (the “Property”); and

WHEREAS, the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq., specifically N.J.S.A. 40A:11-5, permits the award of professional services without public advertisement as defined in N.J.S.A. 19:44A-20.7 or competitive bidding, pursuant to the provisions of N.J.S.A. 19:44A-20.4; and

WHEREAS, the Township received a proposal from Pyramid Associates Real Estate Valuation, LLC (“Pyramid Associates”) to provide professional real estate appraisal services on behalf of the Township; and

WHEREAS, the Township Committee believes that it is in the best interests of the Township to enter into a Contract for Professional Services (“Contract”) with Pyramid Associates to provide professional real estate appraisal services in accordance with the terms of that Contract; and

WHEREAS, the purchase order and Contract were approved by email consensus of the Township Committee.

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Warren, County of Somerset and State of New Jersey as follows:

1. The Mayor and Township Committee hereby ratify and confirm the issuance of a purchase order and the execution of a Professional Services Contract with Pyramid Associates, a copy of which is annexed hereto, for preparation of the Appraisal Report on the Property.

2. This Contract is awarded without competitive bidding as a “professional service” under the Local Public Contracts Law, more specifically N.J.S.A. 40A:11-5, which permits such work to be performed without advertising for bids.

3. The Business Disclosure Entity Certification shall be placed on file with this Resolution.

4. The Chief Financial Officer certifies that funds to pay for this Professional Services Contract at a maximum dollar amount of Three Thousand Five Hundred ($3,500) Dollars are available in Account No. 0-01-20-100-6111. A Certification of Available Funds shall be provided by the Chief Financial Officer and is attached hereto and made a part hereof.

5. A notice of this action shall be printed in the official newspapers required by law within ten (10) days of the adoption of this Resolution.

{A1188691.1 }




CERTIFICATION


CHIEF FINANCIAL OFFICER’S CERTIFICATION

I, KAREN DENAVE, CHIEF FINANCIAL OFFICER OF THE TOWNSHIP OF WARREN, HEREBY CERTIFY THAT ADEQUATE FUNDS ARE AVAILABLE FOR THE ABOVE REFERENCED PURCHASE. MONIES ARE AVAILABLE IN ACCOUNT #X-0-01-20-100-6111.

DATED: February 13, 2020

KAREN DENAVE CHIEF FINANCIAL OFFICER


AUTHORIZING BUDGET TRANSFERS IN THE AMOUNT OF $59,000 In accordance with the provisions of N.J.S.A. 40A: 4-58, (with not less than 2/3 of the full membership concurring), the Chief Financial Officer is hereby authorized and directed to make the following transfers from accounts with in the inside CAP portion of the budget to accounts inside and outside the CAP portion of the Budget in the amount of $59,000 in the 2019 Budget. TRANSFER FROM:

Account # Account Name Amount

9-01-20-155-6101 Legal OE $17,000.00 9-01-20-155-6099 Legal OE $5,000.00 9-01-21-180-6101 Planning OE $3,000.00 9-01-21-185-6101 Zoning OE $3,000.00 9-01-25-240-5005 Police S & W $10,000.00 9-01-26-290-5099 Roads S & W $7,000.00 9-01-26-310-5003 Buildings & Grounds S & W $3,000.00 9-01-27-340-6102 Animal Control OE $2,000.00 9-01-28-372-6399 Senior Bus $3,000.00 9-01-36-472-6097 FICA $6,000.00

TOTAL $59,000.00

TRANSFER TO:

Account # Account Name Amount 9-01-44-910-6101 Capital Imp. Fund OE $59,000.00

TOTAL $59,000.00

INTRODUCED SECONDED COMMITTEE AYE NAY ABSTAIN ABSENT

X MAZIARZ X X SORDILLO X DINARDO X LAZO X MARION X

CERTIFICATION



AMENDING SECTION TWENTY-THREE OF THE PERSONNEL POLICY

WHEREAS, Section Twenty-Three of the Personnel Policy of the Township of Warren amended through July 18, 2019, provides regulations for the use of Township-owned or County-provided motor vehicles; and

WHEREAS, the Township Administrator recommends that the Personnel Policy be amended to authorize the Superintendent of Public Works to utilize a Township-owned vehicle for business and personnel use.

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Warren, County of Somerset and State of New Jersey that Section Twenty-Three of the Personnel Policy is amended to read as follows:

4. Use of Township Owned and/or County Provided Vehicles

Use of Township-owned and/or County-provided vehicles shall be restricted as follows: a) Township-owned vehicles may be used by Lieutenants and the Superintendent of

Public Works for official business and for smart and personal use within Warren Township or within a 10-mile radius of Police Headquarters only. Smart and personal use of an assigned vehicle within the Township includes use on the way to and from work and use while on and off duty, but not use for recreational purposes. The Township-owned vehicles may be used by the Chief of Police for official business, smart use and personal use, but not for recreational purposes. Due to the nature of the position and the need to respond to scenes without delay, the Chief of Police may use the vehicle outside the boundaries of Warren Township for official business and for personal use. The Township-owned vehicles are not to be taken out-of-state without the permission of the Township Administrator. This policy shall be extended beyond those who currently receive the benefit only on an exception basis at the sole discretion of the Township Administrator and Township Committee.

BE IT FURTHER RESOLVED THAT the Human Resource Manager shall distribute this amendment to all personnel and update the policy to include said amendment.




CERTIFICATION I, Cathy Reese, Township Clerk of the Township of Warren, in the County of Somerset, New Jersey, do hereby certify the foregoing to be a true and correct copy of a resolution adopted at a meeting of the Township Committee held on February 13, 2020. Cathy Reese, RMC Township Clerk

{A1182470.1 } 1

THIS RESOLUTION AUTHORIZES THE SPECIAL TAX APPEAL ATTORNEY TO ENTER INTO A STIPULATIONS OF SETTLEMENT RELATIVE TO THE TAX APPEALS CAPTIONED: IVY POWDER PROPERTY, LLC VS. TOWNSHIP OF WARREN, TAX COURT OF NEW JERSEY, DOCKET NO. 008583-2019; IVY 30 TECH PROPERTY LLC VS. TOWNSHIP OF WARREN, TAX COURT OF NEW JERSEY, DOCKET NO. 008584-2019; IVY 40 TECH PROPERTY LLC VS. TOWNSHIP OF WARREN, TAX COURT OF NEW JERSEY, DOCKET NO. 008585-2019; IVY 45 TECH PROPERTY LLC VS. TOWNSHIP OF WARREN, TAX COURT OF NEW JERSEY, DOCKET NO. 008586-2019; EH MBCC 33, LLC c/o CBRE, INC. VS. TOWNSHIP OF WARREN, TAX COURT OF NEW JERSEY, DOCKET NO. 008581-2019; & EH MBCC 33, LLC VS. TOWNSHIP OF WARREN, TAX COURT OF NEW JERSEY, DOCKET NO. 008582-2019 TOWNSHIP OF WARREN RESOLUTION NO. 2020-064

WHEREAS, Ivy Powder Property, LLC, the owner of 7 Powder Horn Drive, Block

78, Lot 19.03, Qual. CEAST, filed an appeal of its 2019 tax assessment in the Tax Court

of New Jersey, Docket No. 008583-2019; and

WHEREAS, Ivy 30 Tech Property, LLC, the owner of 30 Technology Drive, Block

78, Lot 16, Qual. C30, filed an appeal of its 2019 tax assessment in the Tax Court of

New Jersey, Docket No. 008584-2019; and







{A1182470.1 } 2

WHEREAS, EH MBCC 33, LLC c/o CBRE, INC., the owner of the land lot of

Mount Bethel Road, Block 78, Lot 16, filed an appeal of its 2019 tax assessment in the

Tax Court of New Jersey, Docket No. 008581-2019; and

WHEREAS, EH MBCC 33, LLC c/o CBRE, INC., the owner of the land lot of 7

Powder Horn Drive, Block 78, Lot 16, filed an appeal of its 2019 tax assessment in the

Tax Court of New Jersey, Docket No. 008581-2019; and

WHEREAS, the properties identified above share common ownership; and

WHEREAS, these properties have experienced large vacancies and are in need

of repair and maintenance; and

WHEREAS, the owner of these properties intends to invest in capital

expenditures for the purposes of acquiring favorable leases for these properties; and

WHEREAS, upon completion of these capital expenditures the properties should

increase in value, which will benefit the owner, their tenants, and the Township of

Warren; and

WHEREAS, the Township Committee of the Township of Warren met and

considered the aforesaid tax appeals and the recommendations of its Tax Assessor and

Special Tax Appeal Attorney; and

WHEREAS, the Township Tax Assessor has made such examination of the value

and proper assessment of the property and has engaged in such appraisal, analysis and

obtained such information he deemed necessary and appropriate for him to recommend

the settlement to the Township Committee; and

{A1182470.1 } 3

WHEREAS, the owner has recently recorded a consolidating deed that

incorporates the land lots Block 78, Lot 16 and Block 78, Lot 19.03 with each of the

improvements located on those properties; and

WHEREAS, the Tax Assessor has completed his consolidation of the land lots

Block 78, Lot 16 and Block 78, Lot 19.03 with each of the improvements located on

those properties; and

WHEREAS, acceptable settlement of the aforesaid tax appeals with the owner,

has been negotiated which results in all but one of the 2019 tax appeals being

withdrawn, in exchange for the Tax Assessor reducing the 2020 tax year assessments

for the newly consolidated lots as follows:

$16,308,900 – 7 Powder Horn Drive, Block 78, Lot 16, Qual. CEAST

$6,182,900 – 30 Technology Drive, Block 78, Lot 16, Qual. C30


$5,038,500 – 45 Technology Drive, Block 78, Lot 16, Qual. C45; and

WHEREAS, for purposes of consistency and uniformity, based upon the

aforementioned settlement of the pending tax appeals with the owner and the

consolidation of the previously separate land lots, the newly consolidated lots, the

improvements on which are not under appeal, will be assessed for 2020 as follows:


$10,184,700 – 33 Technology Drive, Block 78, Lot 16, Qual. C45; and

{A1182470.1 } 4

WHEREAS, 40 Technology Drive, Block 78, Lot 16, Qual. C40, which was vacant

for the entirety of 2019, will be reduced for the 2019 tax year to an assessment of

$4,834,600; and

WHEREAS, the reduction of the 2019 tax year assessment for 40 Technology

Drive, Block 78, Lot 16, Qual. C40, will result in a $6,114 credit to be applied to the 2020

tax bill immediately following the issuance of the 2019 Judgment from the Tax Court;

and

WHEREAS, Taxpayers have agreed that any credits due shall be without interest

provided the credit is applied to the 2020 tax bill immediately following the date of entry

of the Tax Court Judgment; and

WHEREAS, the settlement with the owner further provides that, subject to the

conditions more fully set out in the Stipulation of Settlement and letter agreements

attached to this Resolution, the 2020 assessments on the properties will be set as set

forth above; and

WHEREAS, only the settlement on 40 Technology Drive, Block 78, Lot 16, Qual.

C40, will require refunds or credits require credits, as the remainder of the adjustments

will be set by the assessor for this year at the agreed upon adjusted amounts; and

WHEREAS, either party, the owner and/or the Township, may file an appeal to

confirm the agreed upon assessments, but, so long as there is a complete Township

reassessment, that appeal may not be used to impose the Freeze Act in a future year;

and

{A1182470.1 } 5

WHEREAS, the aforesaid reductions have no general application to other

properties within the Township of Warren as a result of the aforesaid specific facts

situation; and

WHEREAS, the Township Committee will make this settlement with the owner,

without prejudice to its dealings with any other Warren Township’s taxpayers' request for

tax assessment reduction;

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the

Township of Warren, County of Somerset, State of New Jersey, as follows:

1. The Warren Township Tax Assessor is hereby directed to establish the

allocation between land and improvements of the 2020 assessments agreed to in the

Stipulations of Settlement annexed hereto.

2. The form of Stipulation of Settlement and letter agreements are annexed

hereto, having been reviewed by Township Committee of the Township of Warren. The

above recitals and attached Stipulations of Settlement and letter agreements are

incorporated into this Resolution as if more fully set forth herein.

3. The Township hereby approves of and incorporates by reference the Tax

Assessor’s letter agreements annexed hereto relative to the tax appeals of Ivy Powder

Property, LLC, Docket No. 008583-2019, Ivy 30 Tech Property LLC, Docket No.

008584-2019, Ivy 45 Tech Property, LLC, Docket No. 008586-2019, EH MBCC 33, LLC

c/o CBRE, Inc., Docket No. 008581-2019, and EH MBCC 33, LLC, Docket No. 008582-

2019, resulting in the 2019 tax appeals being withdrawn and the 2020 assessments to

be set as above, subject to the conditions in the said letter agreements.

{A1182470.1 } 6

4. The Township Special Tax Appeal Attorney is hereby authorized to

execute the Stipulation of Settlement annexed hereto relative to the tax appeal Ivy 40

Tech Property, LLC, Docket No. 008585-2019, which reduces the 2019 tax assessment

from $5,134,600 to $4,834,600, resulting in a refund of $6,114, and which further

provides that any credits due shall be without interest provided they are applied to the

2020 tax bill immediately following the entry of the Tax Court’s Judgment, and which

further reduces the 2020 tax assessment to $4,517,100.

5. The settlement outlined above shall be without prejudice to the Township's

dealings with any other Township taxpayers' request for tax assessment reductions.



CERTIFICATION



EXECUTIVE SESSION

WHEREAS, the Open Public Meetings Act, P.L.1975 Chapter 231 permits the exclusion of the public from meeting in certain circumstances; and WHEREAS, this public body is of the opinion that such circumstances presently exist; and WHEREAS, the Governing Body wishes to discuss

o Contract Negotiations: Teamsters Contract o Possible Land Acquisition – Open Space recommendation Environmental Comm. o Attorney / Client Privilege – Bergen County United Way, Ivy Powder Property Tax

Appeal WHEREAS, when and if the matters discussed become public record, this will be made known to the public at that time. NOW, THEREFORE, BE IT RESOLVED, by the Township Committee of the Township of Warren, that the public be excluded from this meeting.



CERTIFICATION


TOWNSHIP OF WARREN

RESOLUTION NO. 2020-066

BE IT RESOLVED by the Township Committee of the Township of Warren, County of Somerset, New Jersey, that the Chief Financial Officer be and hereby is authorized to pay current bills in the amount of $11,503,065.20 and made a part hereof, consisting of payments as follows: Warren Township Board of Education $3,432,782.00 Watchung Hills Regional High School $1,487,416.00 Warren Township Sewer Authority $1,210,124.75 Somerset County $4,625,291.51 Township Expenses $ 747,450.94

INTRODUCED SECONDED COMMITTEE AYE NAY ABSTAIN ABSENT X

MAZIARZ X

SORDILLO X X DINARDO X LAZO X MARION X

CERTIFICATION


TOWNSHIP OF WARREN

RESOLUTION NO. 2020-067 BE IT RESOLVED by the Township Committee of the Township of Warren, County of Somerset, New Jersey, that the Chief Financial Officer be and hereby is authorized to pay current bills in the amount of $370.00 per the attached list.


MAZIARZ

X

X SORDILLO X X DINARDO X LAZO X MARION X

CERTIFICATION


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