ROCKAWAY TOWNSHIP COUNCIL MARCH

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1 The Regular Meeting of the Township Council of the Township of Rockaway was held on Tuesday, March 27, 2018 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 Jedynak led those present in the Salute to the American Flag. Council President Jedynak called for a Moment of Silence to remember the Service and Sacrifices of the Armed Service Members who Protect our Nation and the First Responders who Protect our Neighborhoods and also the Officer and his family who was just shot. Acting Clerk Marcy Gianattasio stated that this meeting was advertised in the Daily Record, the official newspaper for the Township of Rockaway on January 8, The Citizen and the Star Ledger were notified in writing. Notice was posted on the official bulletin board of Rockaway Township. Present : Council Member Quinn, Council Member Friedlander, Council Member Puzio, Council Member Palumbo, Council Member Smith, Council Member Sackett, Council Member Kelley, Vice Present Abrahamsen and President Jedynak Present from Administration : Mayor Dachisen, Attorney Iaciofano, Mr. Brewer, Mrs. Seger, Mrs. Palmieri, Mr. Lutz, Mr. Tabbot and Chief McParland Council President Jedynak read the Township Code Township Code Decorum While the Council is in session, the members shall preserve order and decorum. The Council President at his/her discretion shall direct the Chief of Police or such other person in the Police Department as he may designate to be the Sergeant of Arms at the Council meeting. The sergeant at Arms shall employ reasonable means to maintain the proper order and decorum consistent with accepted standards COUNCIL APPOINTMENTS: Financial Review Board Class III Member 4 Year Term: Brian Wittig 4 Year Term Vincent La Iacona 4 Year Term Joseph Simon 3 Year Term Troy Buckner 3 Year Term Roger Francis 2 Year Term Daniel Goscicki 1 Year Term A motion was made by President Jedynak to appoint Brian Wittig, Vincent La Iacona, Joseph Simon and Troy Buckner, Roger Francis, and Daniel Goscicki to the Financial Review Board and this was seconded by Vice President Abrahamsen. Roll Call Was Taken Yah Votes 5 1 P a g e

2 Nah Votes 4 (Quinn, Friedlander, Puzio, Sackett) Motion is Carried. OPEN TO THE PUBLIC: Limited to Agenda Items Only Frank Jeckell, 16 Faesch Ct He is concerned about Ordinance O He understands this ordinance does not increase the Budget per say, but he thinks this Ordinance does not make sense. Mr. Brewer explained that this Ordinance is like an insurance policy. Any future increase would need to be approved by the Governing Body. This Ordinance is only for an unforeseen reason that may become necessary in the future. ORDINANCES TO INTRODUCE : A. (O-18-08) ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND ESTABLISH A CAP BANK (N.J.S.A. 40A: ) A motion was made by President Jedynak to approve Ordinance O for introduction; this was seconded by Vice President Abrahamsen. Roll Call Was Taken. Yah Votes - 9 Nah Votes 0 Motion is carried. B. (O-18-09) AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF A 20 FT. WIDE DRAINAGE EASEMENT RESPECTING REAL PROPERTY IDENTIFIED AS LOTS 1.01 AND 1.02 BOTH BEING SITUATED IN BLOCK ON THE OFFICIAL TAX MAP OF THE TOWNSHIP OF ROCKAWAY MORE PARTICULARLY DESCRIBED IN A SEPTEMBER 13, 2016 METES AND BOUNDS DESCRIPTION PREPARED BY KENNETH D. DYKSTRA, PROFESSIONAL LAND SURVEYOR WHICH REAL PROPERTY IS MORE COMMONLY KNOWN AS 96 & 98 MT. HOPE ROAD A motion was made by Council Member Puzio to approve Ordinance O for introduction; this was seconded by Council Member Friedlander. Roll Call Was Taken. Yah Votes - 9 Nah Votes 0 Motion is carried. C. (O-18-10) GOVERNING BODY BOARD OF HEALTH - CHAPTER II ADMINISTRATIVE CODE, ARTICLE VIII BOARDS, COMMISSIONS AND COMMITTEES 2 P a g e

3 A motion was made by Council Member Smith to approve Ordinance O for introduction; this was seconded by Council Member Kelley. Roll Call Was Taken. Yah Votes - 9 Nah Votes 0 Motion is carried. CONSENT AGENDA: RESOLUTIONS: A. (R-18-70) ST QUARTER TAX OVERPAYMENT REFUNDS ON 4 ANDERSON AVE. BLOCK: LOT: 005 B. (R-18-71) TAX OVERPAYMENT REFUND ON: 20 MILLER AVE. BLOCK: LOT: 27 C. (R-18-72) 3 RD QUARTER 2018 TAX OVERPAYMENT REFUND ON: 70 W LAKE SHORE DR. BLOCK: LOT: 47 D. (R-18-73) RESOLUTION AUTHORIZING THE GRANT AGREEMENT BETWEEN ROCKAWAY TOWNSHIP AND THE STATE OF NEW JERSEY BY AND FOR THE DEPARTMENT OF ENVIRONMENTAL PROTECTION GRANT IDENTIFIED FS GREEN COMMUNITIES GRANT E. (R-18-74) REDEMPTION OF TAX TITLE LIEN C# BLOCK 10202, LOT 037, KNOWN AS: CARELL ST. F. (R-18-75) AUTHORIZING CANCELATION AND REFUND OF 2017/2018 TAXES ON: 179 W. LAKE SHORE DR. BLOCK: LOT: 13 WHERE OWNER IS QUALIFIED FOR A 100% DISABLE VETERAN EXEMPTION G. (R-18-78) AUTHORIZING THE EXTENSION OF THE DEVELOPER S AGREEMENT BETWEEN THE TOWNSHIP OF ROCKAWAY AND POND REALTY, LLC (GREEN POND MEWS) FOR PROPERTY KNOWN AS BLOCK 40801, LOT 83, LOCATED AT 1076 GREEN POND ROAD, ROCKAWAY, NEW JERSEY H. (R-18-79) RESOLUTION AUTHORIZING A CHANGE ORDER REDUCING THE CONTRACT PRICE OF THE DANIEL STREET ROAD IMPROVEMENTS SECTION II PROJECT I. (R-18-80) REDEMPTION OF TAX TITLE LIEN C# ON: COMANCHE AVE. BLOCK: LOT: 2 Resolution R was removed from the Consent Agenda and added to Resolutions on the Agenda. FIREFIGHTERS: NONE JUNIOR FIREMEN S AUXILIARY: NONE A motion was made by Council Member Puzio to approve the Consent Agenda; seconded by Council Member Palumbo. 3 P a g e

4 Roll Call Was Taken Yah Votes 9 Nah Votes 0 Motion is carried. RESOLUTION # R ST QUARTER TAX OVERPAYMENT REFUNDS ON: 4 ANDERSON AVE. BLOCK: LOT:005 WHEREAS, the Tax Collector s Office received duplicate 1 ST QUARTER 2018 tax payments from CORELOGIC on the following property: BLOCK/LOT PROPERTY OWNER REFUND DUE ANDERSON AVE. MONAHAN $2, WHEREAS, CORELOGIC submitted a written request for the refund to be issued back to them directly at the following address: CORELOGIC CENTRALIZED REFUNDS ATTN: REFUND DEPARTMENT PO BOX 9202 COPPEL, 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. I HEREBY CERTIFY the above to be a true copy of a Resolution adopted by the Township Council of the Township of Rockaway at a duly convened Meeting held on MARCH 27, ACTING MUNICIPAL CLERK RESOLUTION # R TAX OVERPAYMENT REFUND ON: 20 MILLER AVE. BLOCK: LOT: 27 WHEREAS, the Tax Collector s Office received an overpayment on 1 ST Quarter 2018 from CORELOGIC on the following property: 4 P a g e

5 BLOCK/LOT PROPERTY OWNER REFUND DUE Miller Ave. Franklin $3, WHEREAS, CORELOGIC submitted a written request for the refund to be issued back to them directly at the following address: CORELOGIC CENTRALIZED REFUNDS ATTN: REFUND DEPARTMENT 3001 HACKBERRY RD. IRVING, 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. I HEREBY CERTIFY the above to be a true copy of a Resolution adopted by the Township Council of the Township of Rockaway at a duly convened Meeting held on MARCH 27, ACTING MUNICIPAL CLERK RESOLUTION # R RD QUARTER 2018 TAX OVERPAYMENT REFUND ON: 70 W LAKE SHORE DR. BLOCK: LOT: 47 WHEREAS, the Tax Collector s Office received an overpayment on 3 RD Quarter 2018 tax payment from THE HOMEOWNER on the following property: BLOCK/LOT PROPERTY OWNER REFUND DUE / W Lake Shore Dr. Ruiz $4, WHEREAS, the homeowner requested the refund to be issued back to them directly at the following address: Lydia Ruiz 70 W Lake Shore Dr. Rockaway, NJ 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. 5 P a g e

6 BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded to the Township Treasurer. I HEREBY CERTIFY the above to be a true copy of a Resolution adopted by the Township Council of the Township of Rockaway at a duly convened Meeting held on March 27, ACTING MUNICIPAL CLERK RESOLUTION NO. R RESOLUTION AUTHORIZING THE GRANT AGREEMENT BETWEEN ROCKAWAY TOWNSHIP AND THE STATE OF NEW JERSEY BY AND FOR THE DEPARTMENT OF ENVIORNMENTAL PROTECTION GRANT IDENTIFIED FS GREEN COMMUNITIES GRANT WHEREAS, the Governing Body of the Township of Rockaway desires to further the public interest by obtaining a grant from the State of New Jersey in the amount of approximately $3, to fund the following project: 2018 Green Communities Grant Community Forestry Management Plan NOW THEREFORE, BE IT RESOLVED by the Township Council of the Township of Rockaway, County of Morris, State of New Jersey that Louis S. Sceusi or the successor to the office of Mayor is authorized (a) to make application for such a grant, (b) if awarded, to execute a grant agreement with the State for a grant in an amount not less than $3, and not more than $3,000.00, and (c) to execute any amendments thereto which do not increase the Grantee s obligations. BE IT FURTHER RESOLVED that the Rockaway Township Council authorizes and hereby agrees to match 50% of the Total Project Amount, in compliance with the match requirements of the agreement. The availability of the match for such purposes, whether cash, services, or property, is hereby certified. 50% of the match will be made up of in-kind services (if allowed by grant program requirements and the agreement.) BE IT FURTHER RESOLVED that the Grantee agrees to comply with all applicable Federal, State, and Municipal laws, rules, and regulations in its performance pursuant to the agreement. C E R T I F I C A T I O N I, Marcy Gianattasio, Acting Township Clerk of the Township of Rockaway hereby certify the foregoing to be a true copy of a Resolution adopted by the Township Council of the Township of Rockaway at a duly convened meeting held on March 27, Marcy Gianattasio, Acting Township Clerk RESOLUTION # R REDEMPTION OF TAX TITLE LIEN C# BLOCK 10202, LOT 037, KNOWN AS: CARELL ST. 6 P a g e

7 WHEREAS, the Tax Collector s Office has received payment for redemption of Tax Title Lien # on Block: Lot: 037 known as: CARELL ST. in the name of: BIANCO. WHEREAS, reimbursements are now required to be made to the following Lien Holder, CARRELL ROCKAWAY, LLC 83 HUNTERDON BLVD. MURRAY HILL, NJ From Tax Lien Redemption Account, Lien, Penalty, Interest and Costs: TAX TITLE LIEN: $ 62, PREMIUM: $ 13, 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 in the amount of: $ 75, made payable to: "ABOVE LIEN HOLDER" BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded to the Township Treasurer. I HEREBY CERTIFY the above to be a true copy of a Resolution adopted by the Township Council of the Township of Rockaway at a duly convened Meeting held on MARCH 27, ACTING MUNICIPAL CLERK RESOLUTION # R AUTHORIZING CANCELATION AND REFUND OF 2017/2018 TAXES ON: 179 W. LAKE SHORE DR. BLOCK: LOT: 13 WHERE THE OWNER IS QUALIFIED FOR A 100% DISABLED VETERAN EXEMPTION. WHEREAS, pursuant to N.J.S.A. 54:4-3.30,et seq., the dwelling house and lot whereon the same is erected, of any citizen and resident of this state, honorably discharged or released under honorable circumstances, from active service, in time of war, in any branch of the armed forces of the united states, who has been or shall be declared by the united states veterans administration or its successor to be a total or 100% permanent disability, shall be exempt from taxation on proper claim made therefore; and WHEREAS, the Township Tax Assessor has reviewed such application and associated documents for the following property owner and has determined that said documents are in order therefore the tax exemption shall be allowed for 2017/2018 tax years and going forward pursuant to N.J.S.A. 54: et seq. Block/Lot Property owner Tax Year To Cancel To Refund 20901/13 Ballance, Robert (2017) $4, $4, P a g e

8 179 W. Lake Shore DR. (2018) $4, $2, Totals $9, $7, NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Rockaway hereby authorize the tax collector: -To cancel the 2017/2018 taxes billed in the amount of $9, To Refund the 2017/2018 taxes paid in the amount of $7, The Tax Assessor and Tax Collector together with all other appropriate officers of the Township are hereby authorized and directed to take any and all steps necessary to effectuate the purposes of this resolution. -This Resolution shall take effect immediately. BE IT FURTHER RESOLVED that a certified copy of this resolution is forwarded to the Township Treasurer and Tax Assessor. Certification The Township Clerk, of the Township of Rockaway, hereby certify the foregoing to be a true copy of a Resolution adopted by the Township Council for the Township of Rockaway, at a duly convened meeting held on March 27, Acting Township Clerk RESOLUTION NO. R RESOLUTION AUTHORIZING A CHANGE ORDER REDUCING THE CONTRACT PRICE OF THE DANIEL STREET ROAD IMPROVEMENTS SECTION II PROJECT WHEREAS, American Asphalt & Milling Services, LLC (American Asphalt) is the contractor for the Daniel Street Road Improvements Section II Project, which was awarded by the Township of Rockaway (Township) via the adoption of Resolution for the total amount of $261,101.60; and WHEREAS, American Asphalt has submitted a change order including numerous reductions and several additions, which is submitted herewith and made a part hereof by reference for a total reduction of $11,068.49; and 8 P a g e

9 W H E R E A S, the reduced work and additional work are necessary due to unforeseen conditions that have been revealed during the construction, which is why they were not included in the original contract; and WHEREAS, the Township Engineer has reviewed the change order submitted by American Asphalt, which is submitted herewith and made a part hereof by reference, and recommends approval of the change order for a reduction of $11, for a total contract $250,033.11; and WHEREAS, the Township desires to approve a change order reducing the amount of the Contract by $11, for the Daniel Street Road Improvements Section II Project, thereby decreasing the total Contract price to $250,033.11, and NOW THERFORE 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 Daniel Street Road Improvements Section II Project, which was awarded to American Asphalt for a reduction of Eleven Thousand Sixty Eight dollars and Forty Nine cents ($11,068.49) is hereby approved. 2. The total contract price is reduced to Two Hundred Fifty Thousand Thirty Three dollars and Eleven Cents ($250,033.11). 3. 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. 4. This Resolution shall take effect immediately. 9 P a g e

10 C E R T I F I C A T I O N I, Marcy Gianattasio, Acting Township Clerk of the Township of Rockaway hereby certify the foregoing to be a true copy ofa Resolution adoptedby the Township Council of thetownshipof Rockaway ata duly convened meeting held on March 27, RESOLUTION # R Marcy Gianattasio, Acting Township Clerk REDEMPTION OF TAX TITLE LIEN C# ON: 2 COMANCHE AVE. BLOCK: LOT: 2 WHEREAS, the Tax Collector s Office has received payment for redemption of Tax Title Lien # on Block: Lot: 2 known as: 2 COMANCHE AVE in the name of: GERVOLINO. WHEREAS, reimbursements are now required to be made to the following Lien Holder, TRYSTONE CAPITAL ASSETS LLC 575 ROUTE 70, 2 ND FLOOR P.O.BOX 1030 BRICK, NJ From Tax Lien Redemption Account, Lien, Penalty, Interest and Costs: TAX TITLE LIEN: $ PREMIUM: $ 1, 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 in the amount of: $ 1, made payable to: "ABOVE LIEN HOLDER" BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded to the Township Treasurer. I HEREBY CERTIFY the above to be a true copy of a Resolution adopted by the Township Council of the Township of Rockaway at a duly convened Meeting held on MARCH 27, ACTING MUNICIPAL CLERK 10 P a g e

11 RESOLUTIONS: A. (R-18-76) ROCKAWAY TOWNSHIP SELF-EXAMINATION OF BUDGET RESOLUTION WHEREAS, N.J.S.A. 40A:4-78b has authorized the Local Finance Board to adopt rules that permit municipalities in sound fiscal condition to assume the responsibility, normally granted to the Director of the Division of Local Government Services, of conducting the annual budget examination; and WHEREAS, N.J.A.C. 5:30-7 was adopted by the Local Finance Board on February 11, 1997; and WHEREAS, pursuant to N.J.A.C.5: thru 7.5, the Township of Rockaway has been declared eligible to participate in the program by the Division of Local Government Services, and the Chief Financial Officer has determined that the Township meets the necessary conditions to participate in the program for the 2018 budget year; so NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Rockaway that in accordance with N.J.A.C.5:30-7.6a & b and based upon the Chief Financial Officer s certification, the Governing Body has found the budget has met the following requirements: 1. That with reference to the following items, the amounts have been calculated pursuant to law and appropriated as such in the budget: a. Payment of interest and debt redemption charges. b. Deferred charges and statutory expenditures. c. Cash deficit of preceding year. d. Reserve for uncollected taxes. e. Other reserves and nondisbursement items. f. Any inclusions of amounts required for school purposes. 2. That the provisions relating to limitation on increases of appropriations pursuant to N.J.S.A. 40A: and appropriations for exceptions to limits on appropriations found at 40A: et. seq. is fully met (Complies with the CAP law). 3. That the budget is in such form, arrangement, and content as required by the Local Budget Law and N.J.A.C. 5:30-5 and 5: That pursuant to the Local Budget Law: a. All estimates of revenue are reasonable, accurate and correctly stated. b. Items of appropriation are properly set forth. 11 P a g e

12 c. In itemization, form, arrangement and content, the budget will permit the exercise of the comptroller function within the municipality. 5. The budget and associated amendments have been introduced and publicly advertised in accordance with the relevant provisions of the Local Budget Law, except that failure to meet the deadlines of N.J.S.A. 40A:4-5 shall not prevent such certification. 6. That all other applicable statutory requirements have been fulfilled. BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded to the Director of the Division of Local Government Services. I HEREBY CERTIFY the forgoing to be a true copy of a Resolution Adopted by the Township Council of the Township of Rockaway at a duly convened Meeting held on March 27, Marcy Gianattasio Acting Township Clerk A motion was made by Council Member Palumbo to approve Resolution R-18-76; this was seconded by Council Member Friedlander. Roll Call Was Taken Yah Votes 9 Nah Votes 0 Motion is Carried. B. (R-18-77) GOVERNING BODY CERTIFICATION OF COMPLIANCE WITH THE UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION S Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964 GOVERNING BODY CERTIFICATION OF COMPLIANCE WITH THE UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION S Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964 WHEREAS, N.J.S.A. 40A:4-5 as amended by P.L. 2017, c.183 requires the governing body of each municipality and county to certify that their local unit s hiring practices comply with the United States Equal Employment Opportunity Commission s Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title 12 P a g e

13 VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e et seq., (April 25, 2012) before submitting its approved annual budget to the Division of Local Government Services in the New Jersey Department of Community Affairs; and WHEREAS, the members of the governing body have familiarized themselves with the contents of the above-referenced enforcement guidance and with their local unit s hiring practices as they pertain to the consideration of an individual s criminal history, as evidenced by the group affidavit form of the governing body attached hereto. NOW, THEREFORE BE IT RESOLVED, That the Township Council of the Township of Rockaway, hereby states that it has complied with N.J.S.A. 40A:4-5, as amended by P.L. 2017, c.183, by certifying that the local unit s hiring practices comply with the above-referenced enforcement guidance and hereby directs the Clerk to cause to be maintained and available for inspection a certified copy of this resolution and the required affidavit to show evidence of said compliance. I HEREBY CERTIFY THAT THIS IS A TRUE COPY OF THE RESOLUTION PASSED AT THE MEETING HELD ON MARCH 27, Acting Clerk A motion was made by Vice President Abrahamsen to approve Resolution R-18-77; seconded by Council Member Kelley. Roll Call Was Taken. Yah Votes 9 Nah Votes 0 Motion is Carried. C. (R-18-78) AUTHORIZING THE EXTENSION OF THE DEVELOPER S AGREEMENT BETWEEN THE TOWNSHIP OF ROCKAWAY AND POND REALTY, LLC (GREEN POND MEWS) FOR PROPERTY KNOWN AS BLOCK 40801, LOT 83, LOCATED AT 1076 GREEN POND ROAD, ROCKAWAY, NEW JERSEY WHEREAS, on November 20, 2007 the Township of Rockaway Zoning Board of Adjustment ("Board") granted Pond Realty, LLC, a/k/a Green Pond Mews ("Developer") Preliminary and Final Site Plan Approval with associated variances and waivers and "D" Variance Approval for construction of eleven detached, two-bedroom single family condominium units, associated parking and utility infrastructure, subject to certain terms and 13 P a g e

14 conditions; and WHEREAS, the Developer was required to enter into a Developer's Agreement with the Township of Rockaway setting forth the rights, duties and obligations of the parties in connection with the development; and WHEREAS, a Developer's Agreement by and between the Developer and the Township of Rockaway ("Township") dated January 16, 2009 was executed by Patrick O'Neill on the part of the Developer and by Louis S. Sceusi, as Mayor of the Township; and WHEREAS, pursuant to a Resolution R dated February 24, 2015, the time in which the Developer was to have completed to the project on or before February 24, 2017; and WHEREAS, it has been requested by Patrick O'Neill on behalf the Developer that the Township extend the time within which the Developer may be allowed to perform construction activities upon the subject real property; and WHEREAS, in furtherance of his efforts to extend the time upon which construction may be allowed on the subject real property Patrick O'Neill has asked the Township to extend the rights, duties, and obligations of the parties set forth in the Developer's Agreement until March 27, 2020; WHEREAS, it has been recommended by James Lutz, the Township Engineer that all rights, duties and obligations of the parties set forth in the Developer's Agreement be extended until March 27, 2020; WHEREAS, the Township wishes to authorize the extension requested to the Developer. NOW, THEREFORE, BE IT RESOLVED by the Township Council of the 14 P a g e

15 Township of Rockaway, County of Morris, State of New Jersey, they being the Governing Body thereof as follows: 1. All of the rights, duties and obligations of the parties set forth in the Developer's Agreement dated January 16, 2009 which was entered into by and between the Township of Rockaway and the Developer are hereby extended until March 27, The Mayor and Clerk are hereby authorized to execute any document(s) which may be deemed necessary to effectuate the two (2) year extension of the said Developer's Agreement with the Developer, and/or its successors and or assigns as their interests may appear and 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. 3. The Township hereby authorizes and approves any modifications, assignments, delegations of duty, riders and/or addenda, etc. to the Developer's Agreement which are not inconsistent with the purpose of this Resolution which may be recommended and approved by the Township Engineer and Township Attorney prior to the Township's consideration of any construction permits applicable to the real property which is the subject hereof. 4. This Resolution shall take effect immediately. CERTIFICATION I, Marcy Gianattasio, Acting Township Clerk of the Township of Rockaway hereby certify the foregoing to be a true copy of a Resolution adopted by the Township 15 P a g e

16 Council of the Township of Rockaway at a duly convened meeting held on March 27, Marcy Gianattasio, Acting Clerk A motion was made by Vice President Abrahamsen to approve Resolution R-18-78; seconded by Council Member Sackett. Vice President Abrahamsen and Council Member Kelley asked Engineer Jim Lutz several questions about this resolution. Engineer Lutz answered their questions. Roll Call Was Taken. Yah Votes 9 Nah Votes 0 Motion is Carried. A motion was made by President Jedynak to increase the use of Fund Balance by $892,724 and decrease the Tax Levy by $892,724; seconded by Vice President Abrahamsen. Roll Call Was Taken. Yah Votes 8 Nah Votes 1 (Quinn) Motion is Carried. INTRODUCTION OF THE 2018 MUNICIPAL BUDGET A motion was made by President Jedynak to introduce the 2018 Municipal Budget; seconded by Vice President Abrahamsen. Attorney Iaciofano explained to the Council that because his Legal Budget was cut by $75,000 Council Member Kelley should not be voting because he is a litigate. He feels that the reduction will clearly compromise the Attorneys to do their job. President Jedynak commented that the Township Attorney should have let the Council know this before the meeting and not at the meeting. Roll Call Was Taken. Yah Votes 5 Nah Votes 3 (Quinn, Friedlander, Puzio) Abstain 1 (Sackett) NEW BUSINESS : 16 P a g e

17 A motion was made by President Jedynak direct the Township Attorney to provide a Risk Assessment for all Litigation listed in the inventory and any new Litigation since the list was provided to the Council, this is to include the Maximum Exposure of each case and a projected Attorney cost of each case through a conclusion, and this is to be provided to the Council by April 20 th ; seconded by Council Member Palumbo. Roll Call Was Taken. Yah Votes 5 Nah Votes 4 (Quinn, Friedlander, Puzio, Sackett) Motion is Carried. Attorney to provide a written legal A motion was made by President Jedynak to direct the Township opinion as to the litigation known as Kelley v/ Dachisen, does Mayor Dachisen have a conflict of interest in his participation regarding Ordinance O including his as his Veto of that Ordinance. The opinion is to state the issue within the opinion as provided and site any relevant Statues, Ordinances or Case Law. This will be provided to the Council by April 4 th ; seconded by Vice President Abrahamsen. Roll Call Was Taken. Yah Votes 5 Nah Votes 4 (Quinn, Friedlander, Puzio, Sackett) Motion is Carried. REPORTS: Council Member Quinn: He attended the Easter Egg Hunt. It was his first time and it was well attended. Council Member Friedlander: He attended the Easter Egg Hunt, it was tremendous. He also attended ½ the Budget Meeting on Saturday, this is the reason he voted no on the Budget. Council Member Puzio: Stop the Bleed event was a success. They will try to do it again and hopefully it will be brought into the School System. The reason he voted no on the Budget, he felt the cuts were too deep. The one thing that was cut was the resurfacing of the Peterson Field Basketball Court, and he feels this should not have been cut. Council Member Palumbo: He responded to Council Member Puzio saying that Administration told the Council that there were no safety issues with the basketball courts. The Council wanted to look into alternate ways to fix the basketball courts to save tax payers money. As far as Legal Fees, Mr. Brewer went back 6 or 7 years to compare the fees. Council Member Smith: She wants to thank the Fire Fighters for the way they handled the fire at Pizza Restaurant, as well as Police Dispatchers and the outside agencies. It was great team work. Council Member Sackett: He has a few volunteers to help bring back Rockaway Day and if anyone else wants to help please him. He asked about the resumes for the Financial Review Board, he read the resume from Doug Romane. He went through the resumes and he is disappointed all the resumes were not handed to the whole Council. Mr. Sackett wants to know what happened to his Ordinance. A motion was made by Council Member Sackett to put Ordinance O back on the agenda; seconded by Council Member Friedlander. 17 P a g e

18 Roll Call Was Taken. Yah Votes 4 Nah Votes 5 (Palumbo, Smith, Kelley, Abrahamsen, Jedynak) Motion is not Carried. Council Member Sackett also attended the Easter Event and everyone had a great time. He wishes everyone a Happy Easter and Happy Passover. Council Member Kelley: Happy Easter and Happy Passover. Thank you to the Planning Department for addressing some concerns he had in the Dudack, Hibernia Area. He wants to commend the Fire Department for their response to the fire at the Pizza Restaurant. There is a lot of smoke damage in several shops. There was a lot of time and effort into the Budget process. With regard to the Basketball Courts it was decided to do the work ourselves rather than sub it out and pay a large amount of money. Vice Present Abrahamsen: She attended a Budget Meeting from her bed with the flu over Speaker Phone. This is the first year she learnt about the Budget process. This is the first time she went over the Budget line by line. She explained that five meetings were arranged well in advance, two meetings were snowed out. Administration helped her learn the Budget. This Council worked hard to save the Tax Payers money. She hopes we can maintain the Budget. She is proud to be part of the Budget process. She also hopes we can continue to make cuts. She thanked President Jedynak for his knowledge of the Budget. There were no layoffs or service reductions. She would love to see the Recreation Masterplan. She is grateful to serve the Rockaway Township residents. She wishes everyone a wonderful Easter and Passover. President Jedynak: He would like to see the Masterplan for Peterson Field. There needs to be greater communication from Administration to the Council about the spending well before the Budget process. The Budget was submitted to the Council from Administration on February 22 nd. The Council spent 13 hours going over the budget line by line. This Governing Body spent more time going over the budget than the last 5 years. The Council visited every page of the budget. The Council cut over $1,000,000 from the Salary and Operation Budget and $245,000 from the Capital Budget. There were no layoffs or service reductions. The Council took the time to open the Budget Book and review the Budget. The first cuts that were made were the Council President s salary and the raises for the Council. The Council has been giving itself raises for years. During the methodical review of the Budget, the Council discovered 12 vacant positions, 7 were vacant for a year and 1 was vacant for over a year. The Council cut wasteful spending from the Budget, and that waste represented 76% of the savings that was found. We found 7 non- contractual employees received raises that far outpaced the other employees that were given 1.75% raises. Some increases were as high as 9% in one year. These raises were given out by the Mayor and were approved by the former Council. This Budget cut spending back below the 2015 level, by over $1,000,000. This makes Rockaway Township a more efficient and competitive place to live and also makes it a more affordable place to raise a family, work and live. Council President Jedynak wants to thank everyone involved in the Budget process. He wishes everyone Happy Easter and Happy Passover. Mayor Dachisen: He wants to thank everyone who attended the Easter festivities; it was well managed and well attended. Also, thank you to the Fire and Police Departments for the work during the snowstorm. He feels there are sub-committees to review the Budget. The wasteful spending the Council President spoke about is not spending. If you don t fill the vacant positions, the money goes back into surplus. There was a 0% increase last year in the Budget and like Mr. Sarinelli stated that s good planning. Council Member Abrahamsen left the meeting at 9:28 p.m and returned at 9:30 p.m. The Mayor said the cutting 3 Police Officer s salary was not a wise move. When Officers are ready to retire 18 P a g e

19 we hire new Officers to train and go through the Academy so they are ready to go when the others retire. With all the stuff going on at the Schools, cutting the Officer s was not a wise move. Regarding the Budget cuts, 47% of Tax Payers were already going down. We don t know if any services are being cut. He is worried about the Attorney s cut with all the upcoming litigation; this will be cutting it close. The money that was cut for Peterson Field, you can put 5% down of $100,000 and you can allocate that money and the Tax Payers do not have to get taxed. If we had the money on hand we could work with that, but now we have nothing to work with because of the cuts. Finally with the Masterplan of Peterson we have done projects over the years. The biggest complaint from Recreation is our facilities are not like the rest of the County. We are trying to improve this over 4 or 5 years. The Administration had a tough time on Saturday with the Budget, but he knows everyone is here for the residents of the town. Attorney Iaciofano : He needs to focus initially on the Township Council s vote on the Intro to the Budget. If he knew the Municipal Attorney s line item was going to be cut he would have advised the Council of the conflict. He has a problem on how the Budget was passed. He says that permitting a conflicting member to vote is making it null. The Council President does not have the right alone to determine whether a conflict exists. This should be put to the Council as a whole. The Township Attorney has been directed by an impractical Resolution to provide an advanced litigation inventory including Risk Assessments as to all matter listed on the litigation inventory. The Attorney doesn t know what purpose this will serve by the deadline of April 20 th. This task is unattainable by him and his firm and is a total waste of time and money. He says he is hardly capable to provide a Risk Assessment for cases he does not handle. The task is unobtainable and the deadline cannot be met. He has provided the Council with a variety of his legal opinions concerning the resolutions and ordinances this Council has passed and every opinion has been ignored. The Council does not have a right to vote on a Resolution for his services. The Council has to go through Administration for his services. We now have a Township Attorney whose line item has been cut. In 2012 Mr. Buzak billed the Township $297,000. Every year since 2012, which is the 5 years he s been the Municipal Attorney,he has billed about $40,000 less then $297,000. When you get assignments such as Litigation Inventory to Risk Assessments and Conflict Opinions the Legal Account is consumed very quickly. Mr. Brewer: He had nothing to report. Mrs. Seger: She had nothing to report. Mrs. Palmieri: She had nothing to report. Mr. Tabbot: He had nothing to report. Mr. Lutz: He had nothing to report. Chief McParland : He had nothing to report. OPEN TO THE PUBLIC: Frank Jeckell, 16 Faesch Ct He told the Council about the Police Athletic League. He explained it is an Independent Organization; their purpose is to prove athletic opportunities to people with Special Needs. They are having a Prime Rib Dinner on April 14 th at the Nor Bu Lodge. Please come and support this cause. Brian Wittig, 18 N. Lake Shore Dr He wants to thank the Council for his appointment to the Financial Review Board, Thank you for cutting the Budget so much. He says you have to start somewhere. Whether its $67 or $100 money is someone s pocket is better than being spent by the town. Why should we give it to Rockaway if Rockaway doesn t need it? Katey Platts, 2 Valhalla She was surprised based on information she received about Well Wishes for Passover. Some of the Council criticized other Council Member s about observing 19 P a g e

20 the Sabbath, and you continued to meet after 2 Council Member s left for the Sabbath on Saturday. Her Children are in Copeland and they have significate drills because of shooters. She says it s important for her kids to be safe at school and since the Council cut the Police out of the Budget they will not be able to have armed Police in the schools. She wants to make sure the schools have Police Officers to protect the kids. You have real misunderstanding of the law and a conflict of interest. You are unwilling to take advice from an attorney. It is impossible to know how much litigation will cost. Mike Antonelli, 9 Timberbrook Rd The Council advertised for volunteers for Municipal Boards. Why the resumes only reviewed by the Municipal Clerk and Council President and not to the whole Council? Are we loosing or not filling 3 positions in the Police Department which we need, especially in the school. You directly opened our town up to a lawsuit letting Council Member Kelley vote on the Attorney Budget. Lisa Salburg, 10 Bergen Hill Rd She is still waiting for an answer on the amount of money in Legal Expenses has been expended by litigation brought on by the Township Council. When you are serving on a Committee or Council and you have a perceived conflict of interest, it is your job to notify that Committee or Council of the perceived conflict. Also the legal and professional thing to do would be to recuse yourself from voting if you have a conflict. Pat Degman, 88 Valley View Dr She is disturbed that the first Open to the Public is only Agenda items and then there are 3 or 4 motions that are proposed that the public has no input on. She also says she never got notification as to when the canceled Budget Meetings would be rescheduled. She found old papers from Sandy and they talk about how helpful the Mayor was during that time with the residents. He was helpful with all the recent storms and we are lucky to have him. No further business to attend to this meeting, a motion was made by Vice President Abrahamsen and seconded by Council Member Kelley to adjourn this meeting at 10:07 p.m. All members were in favor. Respectfully submitted, Marcy Gianattasio Acting Township Clerk 20 P a g e

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