TOWNSHIP OF ROCKAWAY TOWNSHIP COUNCIL MEETING OCTOBER 13, 2105

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1 The Regular Meeting of the Township Council of the Township of Rockaway was held on Tuesday, October 13, 2015 in the Municipal Building 65 Mt. Hope Road, Township of Rockaway, County of Morris, State of New Jersey commencing at 7:30 p.m. Council President Antonelli stated that this meeting was advertised in the Daily Record, the official newspaper for the Township of Rockaway on January 9, The Citizen and the Star Ledger were notified in writing. Notice was posted on the official bulletin board of Rockaway Township. Council President Antonelli led everyone in the salute to the American Flag. Council President Antonelli called for a Moment of Silence for the Coalition Forces Overseas. Present: Mr. Minenna, Mr. Jedynak, Mr. Rogers, Dr. Gellman, Mr. Reddin, Mr. Berman, Mr. Quinn, Mr. Anello, and Council President Antonelli. Present from Administration: Mayor Dachisen, Attorney Iaciofano, Mr. Poff, Mrs. Palmieri, Mr. Lutz, Mr. Fiorilla, Chief McParland, Mr. Mason, Mr. Sheard, and Mr. Knoth. Nomination by Mayor Dachisen of Martin McParland as Chief of Police for Rockaway Township. Mayor Dachisen commented that Captain McParland is a very capable officer and he has been in the position of Acting Chief for a few months now. A motion was made by Council President Antonelli, seconded by Dr. Gellman to approve Mayor Dachisen s nomination. ROLL CALL VOTE: YEA 9 NAY 0 ABSENT 0 ABSTAIN - 0 Mayor Dachisen administered the Oath of Office to Chief McParland while his family held the Bible. After the taking of the oath, Chief McParland asked past Chief of Police Dachisen to present him with his badge. He stated that Past Chief Dachisen had hired him back in Chief McParland thanked the Mayor and Council for their vote of confidence stating he is humbled by the honor. He vowed to work closely with the Administration and thanked all for attending this evening. He also thanked his family for their love and support. He ended by advising that his door was always open. Mayor Dachisen acknowledged several dignitaries in the audience; namely Freeholder Cesaro, Morris County Prosecutor Knapp, Undersheriff Szekula and former Mayor Wojtaszek. A motion was made by Mr. Quinn, seconded by Dr. Gellman to recess for a few minutes in order that all could enjoy cake and coffee. 1

2 ROLL CALL VOTE: YEA 9 NAY 0 ABSENT 0 ABSTAIN - 0 The meeting was reconvened at 8:00 p.m. Approval of Minutes: Council President Antonelli asked for a motion to approve the minutes of the September 29, 2015 meeting. A motion was made by Dr. Gellman, seconded by Mr. Quinn to approve the minutes from the September 29, 2015 Regular meeting. Roll Call Vote: YEA 8 NAY - 0 ABSENT 0 ABSTAIN 1 (Antonelli) ADOPTION OF ORDINANCE: A. O AN ORDINANCE TO AMEND CHAPTER 54 ENTITLED LAND USE AND DEVELOPMENT REGULATIONS OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF ROCKAWAY AS IT PERTAINS TO SIGNAGE AND OUTDOOR DINING FOR THE R-B REGIONAL BUSINESS DISTRICT Dr. Gellman, Chair of the Ordinance Committee, reported that the committee met this evening and after reviewing the comments by the Planning Board, decided to pull this ordinance and have it re-written. A motion was made by Mr. Minenna, seconded by Mr. Berman to pull this ordinance and introduce it after it has been re-written and reviewed. ROLL CALL VOTE: YEA - 9 NAY 0 ABSENT 0 ABSTAIN 0 Open to the Public: Patrick Deo 11 Valley Road, Rockaway: At the last meeting he asked about amending Chapter 7, Section 7-3 Restricting Weight Limits on Roads to add Valley Road. He asked if there was any consideration given to his request. Also, at the last meeting he stated that the rules had changed regarding the Consent Agenda. Prior to this change, any member could remove an item from the Consent Agenda, now it needs a motion and a second and a vote to remove. He stated that this eliminates the public from questioning anything on the Consent Agenda and asked what the purpose of this change was. Patricia Abrahamson 37 Mekeel Drive, Rockaway: Regarding the rule change for the Consent Agenda, she stated that no one knew about this. She added that 2

3 Council Vice President Gellman stated that Council President Antonelli made the change. On October 5, 2015, she spoke with Council President Antonelli about this and he had no idea why this change was made. He said the clerk should know. She also stated that in a recently released press release, Mayor Dachisen said it was Council President Antonelli. She thinks the Council is voting for things not knowing what they are and feels that it is to stifle one person. Tucker Kelley 16 Meggins Road, Rockaway: He congratulated Chief McParland. He stated that this is the fourth time he has asked about Hudsonia Dam. The first time it was noted that this will not be taken down, now it has changed. He also stated that he feels that Council President Antonelli does not communicate with the Board of Lake Telemark. He asked Council President why the club has not been contacted. He advised that people within 200 feet of Hudsonia Dam were notified, but he was not contacted and he owns property there. He feels this is a rushed vote and asked what the urgency was. He spoke of the procedure to wait until everyone has spoken in the public before they get answers either from the Council or Administration. He asked Council President Antonelli to answer him now. Council President Antonelli said he will follow the procedures. No one else wishing to be heard, Council President Antonelli closed the meeting to the public. Regarding the new procedure for the Consent Agenda, Council President Antonelli said he spoke with several people and asked for the change to be held off until he was in attendance (he was not at the last Council meeting). The only change is for removing an item. He also advised that the Consent Agenda is not opened to the public for comment. If an item is to be removed, it will take the majority of votes to remove it. In the past, business has been held up. For example, we could not order vehicles for plowing for a few weeks. There are actions that have time constraints on them and we must move forward. He explained that the procedure will be for a motion to be made and seconded on the items listed on the consent agenda and then there will be a discussion, if needed. He apologized for the confusion this caused. Mr. Jedynak asked if Council President knew the definition of to table an item. Council President stated that the word is to be removed. Mr. Jedynak stated that in normal parliamentary procedures, table means to remove. He also added that only once has he asked for a resolution to be tabled. He feels this is an unusual procedure. Mayor Dachisen stated that we are here for town business and not for politics. Regarding the vehicles that were tabled to purchase, this was not a recall for the 2015 ones we were planning on purchasing. This prolonged us from buying the vehicles which we will need for plowing. Mayor Dachisen stated that Mr. Kelley has made many outbursts and many of the rules we have are because of him. Mr. Jedynak added that we should not make rules for one person. Mr. Anello stated he has been here for 6 years and asked the 3

4 ordinance committee to amend our ordinances to include conference meetings. He feels this is where items could be discussed before they become an item on the agenda to be voted on. He said he asked why one department is buying Fords and the other is buying Chryslers. He hates grandstanding; he was only asking questions. Mr. Berman stated that the reason he tabled the resolutions for the vehicles is because Mr. Anello is an expert and he brought up the recall issues. He had asked Mr. Anello to call him and he never did. Regarding Hudsonia Dam, Council President advised that this has been going on for at least 5 or 6 years. The regulations are controlled by the DEP. To be in compliance with their regulations it was first estimated to cost about one million dollars; then it grew to 1.4 million dollars. We now have a grant and the cost is much lower; we have to trust the experts on this. The current plan is better for us as we will not have to comply with the DEP regulations. The stream will run. It will work like a cistern and, according to the experts, will not cause damage downstream. He also stated that he is not a member of Lake Telemark Club but that he did communicate with the past Board members. No one has reached out for him though. Regarding the weight limits on Valley Road, no one is ignoring the suggestion that Mr. Deo offered. He also noted that this is a culvert, and not a bridge. Mr. Lutz, the Township Engineer, stated he is working with the County to transfer it to them as they are taking over many bridges/culverts in the County. He is working on getting Mr. Deo s questions answered. Mr. Jedynak asked last meeting if the bridge had a weight limit and was told they are still researching it. He asked to receive a copy of Mr. Lutz s report when it is completed. CONSENT AGENDA TO BE ACTED ON: RESOLUTIONS: A. (R ) 2015 TAX OVERPAYMENT REFUND ON 4 KINGS ROAD B. (R ) 2015 TAX OVERPAYMENT REFUND ON 20 CRESTMONT DRIVE C. (R ) 2015 TAX OVERPAYMENT REFUND ON 7 FOX HUNT DRIVE D. (R ) REDEMPTION OF TAX TITLE LIEN (104 GARRISON AVENUE) E. (R ) A RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF ROCKAWAY AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH BROADVIEW NETWORKS, INC. FOR THE PURPOSE OF REDUCING THE TOWNSHIP S MONTHLY RECURRING LOCAL AND LONG DISTANCE TELEPHONE CHARGES PURSUANT TO STATE CONTRACT NO. A (1-NJCP) 4

5 F. (R ) AUTHORIZING THE AWARD OF A CONTRACT TO TSUJ CORPORATION FOR PURCHASE AND INSTALLATION OF AN EMERGENCY GENERATOR FOR THE ROCKAWAY TOWNSHIP SENIOR CITIZEN CENTER IN THE TOTAL BID AMOUNT OF $52, G. (R ) RESOLUTION AUTHORIZING A CHANGE ORDER REDUCING THE CONTRACT PRICE AND AUTHORIZING THE RELEASE OF THE PERFORMANCE BOND AND LABOR AND MATERIALS PAYMENT BONDS IN CONNECTION WITH THE LAKE DENMARK ROAD IMPROVEMENTS PROJECT H. (R ) AUTHORIZING AND APPROVING THE ISSUANCE OF A SOIL DISTURBANCE PERMIT FOR MONTI PROPERTIES LLC GARDEN CENTER WITH RESPECT TO BLOCK 11403, LOT MT. HOPE ROAD I. (R ) AUTHORIZING THE EXECUTION OF A DEVELOPER S AGREEMENT BETWEEN THE TOWNSHIP OF ROCKAWAY AND PONDVIEW ESTATES, INC. FOR PROPERTY KNOWN AS BLOCK 11501, LOTS 24, 29, 41, 45, 46 & 47 AND BLOCK 11502, LOT 2, ROCKAWAY, NEW JERSEY AND RELEASING THE PERFORMANCE GUARANTEES POSTED IN CONNECTION WITH THE 1991, 1994 AND 2002 DEVELOPER S AGREEMENTS (ROUTE 15 SOUTH BOUND) J. (R ) AUTHORIZING AND APPROVING A CERTAIN SOIL DISTURBANCE PERMIT FOR PONDVIEW ESTATES, INC. WITH RESPECT TO PROPERTY KNOWN AS BLOCK 11501, LOTS 24, 29, 41, 45, 46 & 47, AND BLOCK 11502, LOT 2, ROCKAWAY, NEW JERSEY (ROUTE 15 SOUTH BOUND) FIREFIGHTERS: NONE JUNIOR FIREMEN S AUXILIARY: NONE *** END OF CONSENT AGENDA *** A motion was made by Dr. Gellman, seconded by Mr. Berman to adopt all of the items listed on the Consent Agenda. Council President asked the Council if they had any questions. Mr. Jedynak questioned Resolution R He feels there are many mistakes in the quote. He asked if any committees reviewed this and was told no, just administration. He stated that the quote does not conform with the State Contract. He also pointed out that this is for 3 years and we could be stuck with these prices. He feels 12 months would be 5

6 more appropriate. He referred to many items in the proposed contract. Mr. Minenna asked if Mr. Jedynak would provide his findings in writing so all could review. A motion was made by Mr. Jedynak, seconded by Council President Antonelli to table Resolution R ROLL CALL VOTE: YEA 8 NAY 0 ABSENT 0 ABSTAIN -1 (Reddin) On the items of the Consent Agenda less R : ROLL CALL VOTE: YEA 8 NAY 0 ABSENT 0 ABSTAIN 1 (Reddin) RESOLUTION # R TAX OVERPAYMENT REFUND ON: 4 KINGS ROAD WHEREAS, the Tax Collector s Office received duplicate 3 RD Quarter 2015 tax payments from GREEN TREE MORTGAGE CO. on the following property: BLOCK/LOT PROPERTY OWNER REFUND DUE 11114/20 4 KINGS ROAD WILLIAMS $3, WHEREAS, GREEN TREE MORTGAGE CO. submitted a written request for the refund to be issued back to them directly at the following address: GREEN TREE MORTGAGE CO. NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of Rockaway, County of Morris, State of New Jersey that the Township Treasurer is authorized to refund the above and the tax collector to adjust her records accordingly. BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded to the Township Treasurer. RESOLUTION # R TAX OVERPAYMENT REFUND ON: 20 CRESTMONT DRIVE WHEREAS, the Tax Collector s Office received duplicate 3 RD Quarter 2015 tax payments from CORELOGIC on the following property: 6

7 BLOCK/LOT PROPERTY OWNER REFUND DUE 10604/3 20 CRESTMONT DR. GONZALEZ/ $2, JACOBS WHEREAS, CORELOGIC submitted a written request for the refund to be issued back to them directly at the following address: CORELOGIC TAX SERVICE REFUND DEPT CORELOGIC DR. WESTLAKE, TX NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of Rockaway, County of Morris, State of New Jersey that the Township Treasurer is authorized to refund the above and the tax collector to adjust her records accordingly. BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded to the Township Treasurer. RESOLUTION # R TAX OVERPAYMENT REFUND ON: 7 FOX HUNT DRIVE WHEREAS, the Tax Collector s Office received duplicate 3 RD Quarter 2015 tax payments from LERETA, LLC on the following property: BLOCK/LOT PROPERTY OWNER REFUND DUE 11011/4 7 FOX HUNT DR. CHENG TIEN EE $2, WHEREAS, LERETA, LLC submitted a written request for the refund to be issued back to them directly at the following address: LERETA, LLC 1123 PARK VIEW DR. COVINA, CA NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of Rockaway, County of Morris, State of New Jersey that the Township Treasurer is authorized to refund the above and the tax collector to adjust her records accordingly. BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded to the Township Treasurer. RESOLUTION # R

8 REDEMPTION OF TAX TITLE LIEN WHEREAS, the Tax Collector s Office has received payment for redemption of Tax Title Lien # on BLOCK LOT 7.02 known as: 104 Garrison Ave. In the name of: Pabon. WHEREAS, a reimbursement is now required to be made to the following Lien Holder, US BANK CUST FOR PRO CAP III LLC US BANK TLSG 50 SOUTH 16 TH ST. SUITE 1950 PHILADELPHIA, PA From Tax Lien Redemption Account, Lien, Penalty, Interest and Costs: Certificate $4, Premium $ NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of Rockaway, County of Morris, State of New Jersey that the Township Treasurer is authorized to prepare a check for $4, made Payable to: "ABOVE LIEN HOLDER" BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded to the Township Treasurer. RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT TO TSUJ CORPORATION FOR PURCHASE AND INSTALLATION OF AN EMERGENCY GENERATOR FOR THE ROCKAWAY TOWNSHIP SENIOR CITIZEN CENTER IN THE TOTAL BID AMOUNT OF $52, WHEREAS, the Township of Rockaway ("Township") duly sought bids for the purchase and installation of an emergency generator at the Township's Senior Citizen's Center; and WHEREAS, five (5) bids were received and opened by the Township on September 22, 2015; and WHEREAS, the lowest bid, in the total bid amount of $52,400.00, was submitted by TSUJ Corporation (TSUJ), 48 Brush Hill Road, Butler, NJ 07045; the second lowest bid was received from Manor II Electric, 3 Ardsley Court, Holmdel, NJ in the total bid amount of $ 63,197.00; and, the third lowest bid was received from Envirocon, LLC, Schooley's Mountain Road, Hackettstown, NJ in the total bid amount of $72,127.00; and, WHEREAS, written recommendations dated September 23, 2015 indicating that the Township should award the bid to TSUJ as the lowest 8

9 responsive and responsible bidder were supplied by Robert Sheard, Superintendent of the Township Water Utility and by the project engineer; and, WHEREAS, the Township wishes to award the bid to the lowest responsive and responsible bidder; and, WHEREAS, by letter of September 29, 2015 Counsel for the Township has indicated that Dan Katzevich has executed the bid and associated documents on behalf of TSUJ and that TSUJ's bid documents are in order, and that the Contract should be awarded to TSUJ as the lowest responsive and responsible bidder; and WHEREAS, the Township is in receipt of verification that Dan Katzevich has apparent authority to execute the bid proposal and associated documents on behalf of TSUJ; and WHEREAS, the Township desires to authorize the award of the Contract to TSUJ as the lowest responsive and responsible bidder for a total contract price of $52, NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Rockaway, County of Morris, and State of New Jersey as follows: 1. The Contract for the purchase and installation of an emergency generator for the total bid price of Fifty Two Thousand Four Hundred Dollars and no cents ($52,400.00) is hereby awarded to TSUJ which amount is to be paid from Capital Account #C The Mayor and Township Clerk are hereby authorized and directed to execute the contract subsequent to execution by TSUJ, and said officers, together with all other officers, professionals and employees of the Township are hereby authorized and directed to take any and all steps necessary to effectuate the purposes of this Resolution. 3. This award is subject to TSUJ's compliance with the requirements of P.L. 1975, c.127 (N.J.S.A. 10:5-31 et seq.) and the regulations thereunder regarding affirmative action and with the submission of all documents to the Township required by the bid specifications and by applicable law. 4. The foregoing award is further subject to the certification of availability of funds by the appropriate officers of the Township. 5. This Resolution shall take effect as herein provided. RESOLUTION NO. R RESOLUTION AUTHORIZING A CHANGE ORDER REDUCING THE CONTRACT PRICE AND AUTHORIZING THE RELEASE OF THE PERFORMANCE BOND AND LABOR AND MATERIALS PAYMENT BONDS IN CONNECTION WITH THE LAKE DENMARK ROAD IMPROVEMENTS PROJECT 9

10 WHEREAS, Tilcon New York, Inc. (Tilcon) is the contractor for the Lake Denmark Road Improvements Project, which was awarded by the Township of Rockaway (Township) via the adoption of Resolution for the total amount of $318,709.60; and WHEREAS, Tilcon has submitted a submitted a change order including numerous reductions and several additions for a total reduction of $20,503.92; and WHEREAS, the reduced work and additional work are necessary due to unforeseen conditions that have been revealed during the construction, which is why it was not included in the original contract; and WHEREAS, the Township Engineer has reviewed the change order submitted by Tilcon, which is submitted herewith and made a part hereof by reference, and recommends approval of the change order for a reduction of $20, for a total contract $298,205.68; and WHEREAS, the Township desires to approve a change order reducing the amount of the Contract by $20, for the Lake Denmark Road Improvements, thereby decreasing the total Contract price to $298,205.68, and WHEREAS, Tilcon has completed Lake Denmark Road Improvements in accordance with the Contract and Specifications; and, WHEREAS, Tilcon is therefore entitled to the return of its performance and labor and materials bond, each in the amount of $318, NOW THEREFORE BE IT RESOLVED, by the Township Council of the Township of Rockaway, County of Morris and State of New Jersey, the being the Governing Body thereof, as follows: 1. The change order for the Lake Denmark Road Improvements Project, which was awarded to Tilcon is hereby approved for a reduction of Twenty Thousand Five Hundred Three Dollars and Ninety Two Cents ($20, ) is hereby approved. 2. The total contract price is reduced to Two Hundred Ninety Eight Thousand Two Hundred and Five Dollars and Sixty Eight Cents ($298, ). 10

11 3. The performance and labor and materials bonds, each in the amount of Three Hundred Eighteen Thousand Three Hundred Nine Dollars and Sixty Cents ($318,309.60) posted by Tilcon are hereby released. 4. The Mayor and Township Clerk together with all other appropriate officers and employees are hereby authorized and directed to take any and all steps necessary to effectuate the purposes of this Resolution. 5. This Resolution shall take effect immediately. RESOLUTION NO AUTHORIZING THE EXECUTION OF A DEVELOPER'S AGREEMENT BETWEEN THE TOWNSHIP OF ROCKAWAY AND PONDVIEW ESTATES, INC. FOR PROPERTY KNOWN AS BLOCK 11501, LOTS 24, 29, 41, 45, 46 & 47, AND BLOCK 11502, LOT 2, ROCKAWAY, NEW JERSEY AND RELEASING THE PERFORMANCE GUARANTEES POSTED IN CONNECTION WITH THE 1991, 1994 AND 2002 DEVELOPER'S AGREEMENTS WHEREAS, Pondview Estates, Inc. ( Developer ) received various approvals from the Rockaway Township Planning Board ("Board") for the construction of 95,000 square feet of commercial space and 1,050 residential dwelling units of which 100 units will be non-age restricted rental affordable housing on property known as Block 11501, Lots 24, 29, 41, 45, 46 and 47, and Block 11502, Lot 2 on the Official Tax Map of the Township of Rockaway ( Property ) as fully described in the various resolutions of the Board; and WHEREAS, Pondview Estates, Inc. and the Township entered into a Site Plan Developer's Agreement dated November 6, 1991, recorded in the office of the Morris County Clerk in Deed Book 3529 at Page 272, &c. on or about December 16, 1991 ("1991 Developer's Agreement"); and 11

12 WHEREAS, Pondview Estates, Inc. and the Township entered into a Site Plan Developer's Agreement dated July 5, 1994, recorded in the office of the Morris County Clerk in Deed Book 4058 at Page 242, &c. on or about September 29, 1994 ("1994 Developer's Agreement"); and WHEREAS, Pondview Estates, Inc. and the Township of Rockaway ("Township") entered into a Site Plan Developer's Agreement dated February 4, 2002, recorded in the office of the Morris County Clerk in Deed Book at Page 063, &c. on or about April 11, 2002 the intention of which was to consolidate various requirements imposed upon the Developer without eliminating or waiving any previously imposed requirements as set forth therein or in previous approvals and agreements ("2002 Developer's Agreement"); and WHEREAS, as a result of various Board approvals since 2002 and certain Court Orders, a new Developer's Agreement by and between the Developer and the Township entitled "Court Ordered Developer's Agreement, Utilizing Water from Wharton Borough" with a last revision date of October 5, 2015 has been prepared ("2015 Developer's Agreement"); and WHEREAS, the Township desires to authorize the execution of the Developer's Agreement subsequent to its execution by the Developer; and WHEREAS, the Township also desires to authorize the release of the performance guarantees held by the Township in connection with the 1991 Developer's Agreement, the 1994 Developer's Agreement, and the 2002 Developer's Agreement, subject to the posting of a performance guarantee in the total amount of $17,431, ($1,743, in cash) as required by the 2015 Developer's Agreement. 12

13 NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Rockaway, County of Morris, State of New Jersey, they being the Governing Body thereof as follows: 1. All the terms and conditions of a certain Developer's Agreement entitled "Court Ordered Developer's Agreement, Utilizing Water from Wharton Borough" with a last revision date of October 5, 2015, by and between the Township of Rockaway and the Developer are hereby approved, ratified and confirmed by the Township of Rockaway. 2. The Mayor and Clerk are hereby authorized to execute said Developer's Agreement subsequent to the execution by the Developer. 3. The Township hereby authorizes and approves any non-substantive modifications to the Developer=s Agreement as may be recommended and approved by the Township Engineer and Township Attorney prior to execution. 4. The performance guarantee in the total amount of $201, ($100, in cash) plus any interest, posted by the Developer in connection with the 1991 Developer's Agreement is hereby released subject to the posting of a performance guarantee in the total amount of $17,431, ($1,743, in cash) in a form of security acceptable to the Township Attorney, as required by the 2015 Developer's Agreement. 5. The performance guarantee in the total amount of $400, ($100, in cash) plus any interest, posted by the Developer in connection with the 1994 Developer's Agreement is hereby released subject to the posting of a performance guarantee in the total 13

14 amount of $17,431, ($1,743, in cash) in a form of security acceptable to the Township Attorney, as required by the 2015 Developer's Agreement. 6. The performance guarantee in the total amount of $6,948, ($694, in cash) plus any interest, posted by the Developer in connection with the 2002 Developer's Agreement is hereby released subject to the posting of a performance guarantee in the total amount of $17,431, ($1,743, in cash) in a form of security acceptable to the Township Attorney, as required by the 2015 Developer's Agreement. 7. As set forth in the 2015 Developer's Agreement, at the Developer's written request, the existing cash portions of the performance guarantees held by the Township (a total of $894, plus any interest) may remain on deposit with the Township and credited toward the cash portion of the performance guarantee owed pursuant to the 2015 Developer's Agreement. 8. The Mayor and Clerk together with other appropriate officers and employees of the Township are hereby authorized to take all steps necessary to effectuate the purposes of this Resolution. 9. This Resolution shall take effect immediately. RESOLUTION NO AUTHORIZING AND APPROVING A CERTAIN SOIL DISTURBANCE PERMIT FOR PONDVIEW ESTATES, INC. WITH RESPECT TO PROPERTY KNOWN AS BLOCK 11501, LOTS 24, 29, 41, 45, 46 & 47, AND BLOCK 11502, LOT 2, ROCKAWAY, NEW JERSEY 14

15 WHEREAS, a soil disturbance application was filed by Pondview Estates, Inc. for the construction of miscellaneous site improvement related earthwork on property formally known as Block 11501, Lots 24, 29, 41, 45, 46 & 47, and Block 11502, Lot 2 on the Township of Rockaway Official Tax Map, for the disturbance of 7,500 cubic yards of soil; and WHEREAS, the soil disturbance is required for the development of the Property and is consistent with the approvals granted by the Rockaway Township Planning Board; and WHEREAS, the applicant is required to post a bond to guarantee the implementation of proper soil erosion control measures, the cost of which is covered and included in the performance guarantee as set forth in a 2015 Developer's Agreement and pay the necessary application fees in compliance with Chapter XX, Soil Protection, of the Revised General Ordinances of the Township of Rockaway; and WHEREAS, the Planning Board recommended the issuance of a soil disturbance permit subject to certain conditions; and WHEREAS, the Township Engineer has reviewed the soil disturbance application of the applicant and has recommended that the application be granted subject to compliance with the Soil Protection Ordinance, Planning Board approval and such conditions as are contained below. NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Rockaway, County of Morris, State of New Jersey, they being its Governing Body thereof as follows: 15

16 1. The application of Pondview Estates, Inc. for a soil disturbance permit to disturb 7,500 cubic yards of soil, on Block 11501, Lots 24, 29, 41, 45, 46 & 47, and Block 11502, Lot 2 is hereby approved and authorized. 2. The Township Council has reviewed the application and recommendations of the Planning Board and the Township Engineer and has evaluated such considerations as soil erosion of water and wind, drainage, soil fertility, lateral support slopes, grades of abutting streets and lands and land values and uses and related factors pursuant to Subsections and of the Soil Protection Ordinance. The Council finds that the permit may be granted without compromising the public health, safety, and general welfare if the following conditions are met: A. The Applicant shall comply with each and every condition attached to the Board's resolutions of approval. B. The Applicant shall enter into a Developer's Agreement with the Township of Rockaway for the development of Block 11501, Lots 24, 29, 41, 45, 46 & 47, and Block 11502, Lot This Resolution shall take effect immediately. Best Practices Report: Mrs. Palmieri advised that in 2010 the State began requiring all municipalities to file a Best Practices Inventory. The results determine how much State Aid we receive. In 2010, we had 69 of the 88 questions in the positive which resulted in a loss of $500. Since then we have received full credit and again this year we will receive 100% of the State Aid. She stated that the detailed report is in her office if anyone wanted to review it. REPORTS: 16

17 Mr. Minenna: He advised all to drive safely as the Fall season is here and the deer are moving about. He also advised that the bears are aggressive now and make sure everyone s garbage is secure. Mr. Jedynak: He congratulated the new chief. He also echoed Mr. Anello s request for conference meetings. When he received his agenda package, he went thru the Code and found that the nomination of the Police Chief required consent of Council. This was not on the agenda. He thinks we came very close to breaking our own code. Council President Antonelli advised that the Clerk sent a response first thing this morning and admitted it was a typo. No rules were broken. Mr. Rogers: He congratulated the Chief and looks forward to working with him. Dr. Gellman: He also congratulated Chief McParland and stated it was nice to see Past Chief Dachisen. All is well in the 4 th Ward. Mr. Reddin: He congratulated the new chief and stated he will be an asset to the police department. He attended a picnic at Howmet where they employ 700 people and was given a tour of the facility. Mr. Berman: He too congratulated Chief McParland and looks forward to working with him. He asked the road department about the settling of the roads in White Meadow Lake where gas lines were installed. Mr. Knoth advised that the gas company will be coming back to mill and pave; they have been after them. Mr. Berman suggested that we try to mill roads and bring the crowns down instead of just paving. Council President Antonelli explained how the roads were done in Lake Denmark. This system works well on back roads and not highly used ones. Mr. Quinn: The gas lines have been installed in his area and progressing nicely. They milled there. He also noted that the gas company is responsible for the roads since they put in the gas lines. Mr. Rogers advised that this process saves milling money. Mr. Quinn stated that all is good in Ward 2. Mr. Anello: All is well in the 5 th Ward. He announced that things are looking up economically at the outer rim of the Mall. Nordstrom s Rack, Kirkland and DSW have opened stores there. The Skytop Motel has been demolished. He will welcome the outdoor dining at the mall when it passes. He would like to call a meeting in November for the Economic Development Committee. He also advised that Lennar is getting ready to build on Green Pond Road. He asked Mr. Lutz if the State would be extending the sidewalks now that they are installing handicapped ramps/pads at the exit of Route 80 and Green Pond Road. He was advised that the federal government requires the handicapped ramps/pads but not the sidewalks. Council President Antonelli: He too congratulated Chief McParland. He explained that a resident stopped him yesterday (Columbus Day) about a health related question. He called Peter Tabbot who was on vacation and took the call. Mr. Tabbot 17

18 advised Council President Antonelli to reach out for Sue Sooy from the Health Department which he did. Mrs. Sooy took care of this and reached out to the resident even on a holiday. He stated we all work round the clock for the residents. Mayor Dachisen: On October 17, 2015, the Fire Department will hold their annual inspection. This is a good day and shows the dedication of our volunteers. Regarding the appointment of Chief McParland, he advised that since June 9, 2015, he has been the acting chief and has done a great job. We were notified by Civil Service that there would be a test in April. On October 1, 2015, Civil Service recommended Martin McParland for the position of Chief of Police for Rockaway Township. He knows Chief McParland will do a terrific job. Attorney Iaciofano: He congratulated Chief McParland and added that he has had the opportunity to work with him these past months. He receives instant cooperation and sound advice from him. He also follows up on every matter brought before him. Regarding Dash Cam Pro, he advised at the last meeting they requested to use our council chambers to film a college project, however, information has been found that they in fact used our room to film part of a commercial. The Rockaway Township logo is clearly visible. A letter was sent to the individual who used the room and a copy was personally delivered to him by the police department. The letter advised them to stop using Rockaway Township in their commercial and if this is not corrected, we will make a motion in Court. Attorney Iaciofano also reported on the demolition of 468 Green Pond Road. The search that was conducted found out the owner is a group of banks. A notice will be going to them and we will post it on the property and that we will begin the demolition and put a lien on the property for the cost. Regarding the OPRA training, Attorney Iaciofano advised that the outline is almost complete. We will use the format created by the Government Records Council (GRC). We will meet with the department heads to discuss scheduling which should be in about a month. Regarding the OPRA problems for the Clerk he stated that she works tirelessly and properly. There has been no solution to the abuse of OPRA function by some people. He advised that since the last meeting, September 29, 2015, Mr. Kelley has filed 11 OPRA requests and some require hundreds of pages. He has corresponded with the clerk 19 times and she has responded back to him 16 times. She has spent 44 hours of her time alone. There have been 15 other OPRA requests since that time from other requestors, but they do not argue back and forth with the custodian. He has read some of Mr. Kelley s response and finds them to be offensive. The abuse continues. Mr. Poff: He congratulated Chief McParland and looks forward to working with him. The Budget requests for 2016 have been given to department heads. The draft budget should be ready in January Mayor Dachisen advised that in 2016 there will be 18

19 a lot of paving so the budget will increase in that area. Mr. Quinn advised administration to keep looking for grants. Mr. Lutz: He congratulated Chief McParland. He advised that New Jersey Natural Gas will be doing the final restoration in Section 1 of the White Meadow area this fall. Mr. Berman suggested that we put information on the website for people to know that if they are putting in gas lines, the paving of streets does not happen all at once. It needs time to settle. Mrs. Palmieri: No report, but congratulated Chief McParland. Mr. Fiorilla: Council President Antonelli thanked him for the improvements to the old golf course stating that it looks great. Mr. Fiorilla congratulated Chief McParland and wished him success. Chief McParland: He thanked all for the vote of confidence. He added that his door is always open. He announced that generators for the Office of Emergency Management will be installed soon. Mr. Mason: He reminded all that the Fire Department inspection is this Saturday, October 17, Mr. Knoth: He congratulated Chief McParland. Mr. Sheard: No report but he also congratulated Chief McParland. Chief Hatke: He also reminded all that the caravan will be leaving Birchwood Firehouse on Saturday October 17, 2015 at 12:30 p.m. for the annual inspection. No further business to attend to this meeting, a motion was made by Mr. Berman, seconded by Mr. Quinn to adjourn this meeting at 9:20 p.m. Said motion was unanimously passed. Respectfully submitted, Susan Best, RMC Township Clerk 19

20 REGULAR MEETING OCTOBER 13, P a g e

21 REGULAR MEETING OCTOBER 13, P a g e

22 REGULAR MEETING OCTOBER 13,