TOWNSHIP OF ROCKAWAY REGULAR MEETING APRIL 2, 2013

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1 TOWNSHIP OF ROCKAWAY REGULAR MEETING APRIL 2, 2013 The Township Council of the Township of Rockaway held their Regular Meeting on April 2, 2013 which began at 7:30 p.m. in the Municipal Building, 65 Mt. Hope Road, Rockaway Township, County of Morris, State of New Jersey. The Officials and Members of the Public were led by members of Boy Scout Troop 113 in Pledging Allegiance to the Flag of the United States of America. Council President Quinn called for a moment of silence for our Coalition Forces Overseas. Council President Quinn called the Meeting to order, stating that this meeting is held pursuant to the New Jersey Open Public Meetings Act. Notice has been properly posted in the municipal building, filed with the Municipal Clerk, mailed to those persons or entities requesting notification and published in the Daily Record on January 11, Present: Mr. Minenna, Mr. DiMaria, Mr. Rogers, Mr. Reddin, Mr. Berman, Mr. Anello, Mr. Antonelli, and Council President Quinn. Absent: Dr. Gellman Present from Administration: Mayor Dachisen, Attorney Iaciofano, Mr. Poff, Mr. Lutz, Mrs. Seger, Mr. Babcock, and Captain Brennan. Presentations: Mayor Dachisen presented a Proclamation Declaring Sunday, April 7, 2013 through Sunday, April 14, 2013 as Days of Remembrance, which was read by Mr. Berman. Ms. Adele Black accepted the Proclamation and stated that on behalf of the schools, they are honored to accept this and will hang it in the school. Mayor Dachisen also presented a Proclamation to Ron Ronnie the Barber Trisuzzi for Forty Years of Service. Joy Weinreich spoke as a resident of White Meadow Lake and thanked Mr. Trisuzzi for all he has given to the community. Mr. Trisuzzi thanked everyone and told a story about a young man getting a crew cut. The young man was Mayor Dachisen. Council President called for a 10 minute recess at this time. Appointment: Mayor Dachisen appointed Gerard Smith as the Municipal Judge for the Township of Rockaway; term to expire April 2, Resolution (R-13-82) Confirming the Appointment of the Municipal Judge for the Township of Rockaway. Mr. DiMaria made a motion to adopt Resolution R which was seconded by Mr. Minenna. Roll Call Vote: YEA-8 NAY-0 ABSTAIN-0 ABSENT-1 1

2 TOWNSHIP OF ROCKAWAY MORRIS COUNTY, NEW JERSEY R RESOLUTION CONFIRMING THE APPOINTMENT OF THE MUNICIPAL JUDGE FOR THE TOWNSHIP OF ROCKAWAY BE IT RESOLVED that the Township Council hereby confirms the appointment made by Mayor Dachisen of Gerard Smith, as the Municipal Judge for the Township of Rockaway for a term of three years; said term to expire on April 2, Approval of Minutes: Mr. Rogers moved that the minutes of the March 5, 2013 Regular Meeting, having been previously distributed to all members of the Council and containing no errors or omissions in the Official Business, be approved and placed on file. This was seconded by Mr. Berman. Roll Call Vote: YEA-6 NAY-0 ABSENT-1 ABSTAIN-2 (DiMaria & Antonelli) A motion was made by Mr. Rogers, seconded by Mr. Minenna to approve the minutes from the March 13, 2013 Budget Meeting, having been previously distributed to all members of the Council and containing no errors or omissions. Roll Call Vote: YEA-6 NAY-0 ABSENT-1 ABSTAIN-2 (DiMaria & Antonelli) ORDINANCE TO ADOPT: (O-13-05) ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK A motion was made by Mr. DiMaria, seconded by Mr. Reddin to adopt Ordinance O on second and final reading. Council President Quinn opened the meeting to the public for questions or comments on this ordinance only. Charlie Bogusat 24 North Lake Shore Drive, Rockaway He asked why we have to go over the 2% mandatory rate and compared our tax rate to surrounding towns, stating that ours was high. Mr. Poff explained what CAP banking is stating that it used to be automatic but the State changed this and now requires an ordinance be adopted. The purpose of this is to provide flexibility in our budget. This would be used for any unforeseen circumstances. Mayor Dachisen advised that we have to pay 100% of the tax appeals out of our budget while the schools do not pay anything. Mr. Poff also advised that since 2007 the staff has been reduced 12%. He also noted that the largest statutory expenses are contractual obligations, health insurance and pensions. 2

3 Matthew Davis 107 West Lake Shore Drive, Rockaway stated that he is running for Council. He asked what percent of the tax appeal refund we will pay. Mr. Poff advised him that the rate is flat for the five years. The State is allowing us to spread out the payments. Mr. Davis said that our taxes are going up while the services are going down. Mayor Dachisen asked him what services were reduced. Mr. Davis said the library having furlough days. Mr. Anello advised that the Library operates their own budget and the Council has nothing to do with it. Mr. Antonelli stated the library hired people while we were giving furloughs. No one else wishing to be heard, Council President Quinn closed the meeting to the public. ROLL CALL VOTE: YEA-8 NAY-0 ABSTAIN-0 ABSENT-1 ORD ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A: ) WHEREAS, the Local Government Cap Law, N.J.S. 40A: et seq., provides that in the preparation of its annual budget, a municipality shall limit any increase in said budget up to 2.0 % unless authorized by ordinance to increase it to 3.5 % over the previous year s final appropriations, subject to certain exceptions; and, WHEREAS, N.J.S.A. 40A: a provides that a municipality may, when authorized by ordinance, appropriate the difference between the amount of its actual final appropriation and the 3.5 % percentage rate as an exception to its final appropriations in either of the next two succeeding years; and, WHEREAS, the Township Council of the Township of Rockaway in the County of Morris finds it advisable and necessary to increase its CY 2013 budget by up to 3.5 % over the previous year s final appropriations, in the interest of promoting the health, safety and welfare of the citizens; and, WHEREAS, the Township Council hereby determines that a 3.5% increase in the budget for the said year, amounting to $407, in excess of the increase in final appropriations otherwise permitted by the Local Government Cap Law, is advisable and necessary; and, WHEREAS, the Township Council hereby determines that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years. NOW, THEREFORE, BE IT ORDAINED, by the Township Council of the Township of Rockaway in the County of Morris, a majority of the full authorized membership of this governing body affirmatively concurring that, in the CY 2013 budget year, the final appropriations of the Township of Rockaway shall, in accordance with this ordinance and N.J.S.A. 40A: , be increased by 3.5% amounting to $951, and that the CY 2013 municipal budget for the Township of Rockaway be approved and adopted in accordance with this ordinance; and, BE IT FURTHER ORDAINED, that any amount authorized herein above that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years; and, BE IT FURTHER ORDAINED, that a certified copy of this ordinance as introduced be filed with the Director of the Division of Local Government Services within 5 days of introduction; and, BE IT FURTHER ORDAINED, that a certified copy of this ordinance upon adoption, with the recorded vote included thereon, be filed with said Director within 5 days after such adoption. 3

4 COUNCIL PRESIDENT QUINN NOTED THAT: (O-13-06) AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 54, THE LAND USE AND DEVELOPMENT ORDINANCES OF THE TOWNSHIP OF ROCKAWAY, SECTION PUBLIC HEARING POSTPONED UNTIL APRIL 2, 2013 MEETING DUE TO THE PLANNING BOARD HAVING TO CANCEL THEIR MARCH MEETING DUE TO INCLEMENT WEATHER Open to the Public: Council President Quinn opened the meeting to the public. Lili Sweet 1 Oakland Avenue, Rockaway: She thanked everyone for their warmth and sympathy after the passing of her husband. She said we were all like a second family to her. Marty Kahn 42 Queens Road, Rockaway: He is the new Baseball President and wanted to introduce himself and invite all to the Little League Parade on April 13, No one else wishing to be heard, President Quinn closed the meeting to the public. Ordinances to be Introduced: The following ordinances were introduced on first reading: A. (O-13-07) AMENDING CHAPTER II, ADMINISTRATIVE CODE, ARTICLE V, ORGANIZATION OF TOWNSHIP GOVERNMENT SECTION TOWNSHIP ATTORNEY, SUBSECTIONS a. DUTIES AND COMPENSATION, e. PROSECUTOR, AND f. PUBLIC DEFENDER, OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF ROCKAWAY A motion was made by Mr. Minenna, seconded by Mr. Berman to adopt Ordinance O on first reading. ROLL CALL VOTE: YEA-8 NAY-0 ABSTAIN-0 ABSENT-1 B. (O-13-08) ORDINANCE CHANGING THE NAME OF GLORIA LANE BETWEEN PERRY STREET AND RICHARD STREET TO KUZEL LANE A motion was made by Mr. Minenna, seconded by Mr. DiMaria to adopt Ordinance (O-13-08) on first reading. Mr. Anello asked the cost of re-naming a street. He was advised that there are no homes on this street, therefore there would be no cost. Roll Call Vote: YEA-8 NAY-0 ABSTAIN-0 ABSENT-1 4

5 CONSENT AGENDA TO BE ACTED ON: RESOLUTIONS: A. (R-13-72) REDEMPTION OF TAX TITLE LIEN # (104 CAYUGA AVENUE) B. (R-13-73) REDEMPTION OF TAX TITLE LIEN # (4 IOWA AVENUE) C. (R-13-74) REDEMPTION OF TAX TITLE LIEN # (429 W. CLINTON STREET) D. (R-13-75) REDEMPTION OF TAX TITLE LIEN # (271 MT. HOPE AVENUE) E. (R-13-76) REDEMPTION OF TAX TITLE LIEN # (2 VINTAGE COURT) F. (R-13-77) REDEMPTION OF TAX TITLE LIEN # (903 GREEN POND ROAD) G. (R-13-78) REDEMPTION OF TAX TITLE LIEN # (87 UPPER HIBERNIA ROAD) H. (R-13-80) AWARD CONTRACT-NEW JERSEY STATE/MORRIS COUNTY COOPERATIVE CONTRACT FOR YEAR 2013 I. (R-13-81) RESOLUTION GRANTING AUTHORIZATION TO ENTER A PROFESSIONAL SERVICE AGREEMENT FOR PROSECUTORIAL SERVICES J. (R-13-83) AUTHORIZING THE AWARD OF A CONTRACT TO BOLLINGER INSURANCE FOR THE TOWNSHIP S PRESCRIPTION PLAN FOR THE PERIOD OF APRIL 1, 2013 THROUGH MARCH 31, K. (R-13-84) RESOLUTION ESTABLISHING SANITARY SEWER MAINTENANCE FEE FOR SINGLE FAMILY RESIDENTIAL DWELLINGS L. (R-13-85) REVISING THE TOWNSHIP S POLICIES REGARDING ELIGIBILITY TO RECEIVE STATE HEALTH BENEFITS AND PAYMENT FOR WAIVER OF STATE HEALTH BENEFITS FIREFIGHTERS: TIANA ULVERSOY AND TRACIE BAUGH JUNIOR FIREMEN S AUXILIARY: NONE * * * END OF CONSENT AGENDA * * * A motion was made by Mr. Minenna, seconded by Mr. Reddin to adopt all of the items listed on the Consent Agenda. Roll Call Vote: YEA-8 NAY-0 ABSTAIN-0 ABSENT-1 5

6 RESOLUTION # R REDEMPTION OF TAX TITLE LIEN # WHEREAS, the Tax Collector s Office has received payment for redemption of Tax Title Lien # on BLOCK LOT 035 known as: 104 CAYUGA AVE. In the name of: BELLOME. WHEREAS, reimbursement is now required to be made to the following Lien Holder, US BANK CUST FOR PRO CAPITAL US BANK TLSG 1000 HADDONFIELD BERLIN ROAD VOORHEES, NJ From Tax Lien Redemption Account, Lien, Penalty, Interest and Costs TAX TITLE LIEN: $3, PREMIUM: $0.00 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 $3, made payable to: "ABOVE LIEN HOLDER" BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded to the Township Treasurer. RESOLUTION # R REDEMPTION OF TAX TITLE LIEN # WHEREAS, the Tax Collector s Office has received payment for redemption of Tax Title Lien # on BLOCK LOT 001 known as: 4 IOWA AVE. In the name of: BARBARISE. WHEREAS, reimbursement is now required to be made to the following Lien Holder, US BANK CUST FOR PRO CAPITAL US BANK TLSG 1000 HADDONFIELD BERLIN ROAD VOORHEES, NJ From Tax Lien Redemption Account, Lien, Penalty, Interest and Costs TAX TITLE LIEN: $ PREMIUM: $0.00 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 $ made payable to: "ABOVE LIEN HOLDER" 6

7 BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded to the Township Treasurer. RESOLUTION # R REDEMPTION OF TAX TITLE LIEN # WHEREAS, the Tax Collector s Office has received payment for redemption of Tax Title Lien # on BLOCK LOT known as: 429 W CLINTON ST. In the name of: SANCHEZ. WHEREAS, reimbursement is now required to be made to the following Lien Holder, KCTS INVESTMENTS 4C COLFAX MANOR ROSELLE PARK, NJ From Tax Lien Redemption Account, Lien, Penalty, Interest and Costs TAX TITLE LIEN: $ 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 in the amount of $ made payable to: "ABOVE LIEN HOLDER" BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded to the Township Treasurer. RESOLUTION # R REDEMPTION OF TAX TITLE LIEN # WHEREAS, the Tax Collector s Office has received payment for redemption of Tax Title Lien # on BLOCK LOT 008 known as: 271 Mt. Hope Ave. In the name of: Parrrado. WHEREAS, reimbursement is now required to be made to the following Lien Holder, US BANK CUTST FOR PRO CAPITAL US BANK TLSG 50 S. 16 TH STREET, SUITE 1950 PHILADELPHIA, PA From Tax Lien Redemption Account, Lien, Penalty, Interest and Costs TAX TITLE LIEN: $4, PREMIUM: $0.00 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 $4, made payable to: "ABOVE LIEN HOLDER" 7

8 BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded to the Township Treasurer. RESOLUTION # R REDEMPTION OF TAX TITLE LIEN # WHEREAS, the Tax Collector s Office has received payment for redemption of Tax Title Lien # on BLOCK LOT known as: 2 VINTAGE COURT In the name of: VINTAGE ESTATES. WHEREAS, reimbursement is now required to be made to the following Lien Holder, FRANK J FESTA JR. PO BOX 97 SCOTCH PLAINS, NJ From Tax Lien Redemption Account, Lien, Penalty, Interest and Costs TAX TITLE LIEN: $ PREMIUM: $0.00 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 $ made payable to: "ABOVE LIEN HOLDER" BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded to the Township Treasurer. RESOLUTION # R REDEMPTION OF TAX TITLE LIEN # WHEREAS, the Tax Collector s Office has received payment for redemption of Tax Title Lien # on BLOCK LOT 073 known as: 903 GREEN POND RD. In the name of: ODCHIGUE. WHEREAS, reimbursement is now required to be made to the following Lien Holder, SB MUNI CUST C/O LBNJ PO BOX LAUREL, MD From Tax Lien Redemption Account, Lien, Penalty, Interest and Costs TAX TITLE LIEN: $ PREMIUM: $8, 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 $26, made payable to: "ABOVE LIEN HOLDER" 8

9 BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded to the Township Treasurer. RESOLUTION # R REDEMPTION OF TAX TITLE LIEN # WHEREAS, the Tax Collector s Office has received payment for redemption of Tax Title Lien # on BLOCK LOT 008 known as: 87 UPPER HIBERNIA RD. In the name of: FILLOON. WHEREAS, reimbursement is now required to be made to the following Lien Holder, LIEN TIMES, LLC 203 STEPHENS RD. WEST MILFORD, NJ From Tax Lien Redemption Account, Lien, Penalty, Interest and Costs TAX TITLE LIEN: $16, PREMIUM: $18, 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 $34, made payable to: "ABOVE LIEN HOLDER" BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded to the Township Treasurer. RESOLUTION NO. R Authorizing Purchase of Certain Goods and Services Through The Use of State or Cooperative Contracts for Year 2013 WHEREAS, the Local Public Contracts Law 40A:11-4 requires that every contract awarded by the contracting agent for the provision or performance of any goods or services, the cost of which in the aggregate exceeds the bid threshold, shall be awarded only by resolution of the governing body; and WHEREAS, the State of New Jersey (State) and/or the Morris County Cooperative Pricing Council (MCCPC ) have awarded contracts to various vendors as lowest responsible, responsive bidders for State and MCCPC contracts; and WHEREAS, the Township wishes to facilitate the purchase of goods and services by way of resolution for the purchase of items which are regularly used in connection with the Township s provision of services to the residents; and WHEREAS, the Township of Rockaway desires to authorize the purchase of such items through approved State and/or MCCPC contract vendors whenever the cost of such items may exceed the prevailing bid threshold; and WHEREAS, the list of the State and MCCPC vendors whose goods and services the Township seeks to use by way of resolution are identified along with their State or MCCPC contract numbers as follows: 9

10 Contract Vendor Name Contract No. Items to be purchased State International Salt Rock Salt MCC Tilcon 6 Resurfacing and Millings MCC & Tilcon 5 & Paving Materials State State Dover Brake Truck and Automotive Parts State Allied Oil 80914, 81399, Gasoline, #2 Fuel Oil and Diesel Fuel State Smith Chrysler Jeep 76453,79872 Truck and Auto Parts Dodge State Falcon Auto Parts Truck and Auto Parts State Rockaway Auto Parts Truck and Auto Parts State Grinnell Recycling Road Material Recycling State Verizon Wireless A82583 Cell Phones and Equipment MCC Fire Fighters Equipment 14-A Various Fire Equipment Co. State Staples M r Office Supplies & Equipment T x State Dell, Inc. WSCA Computer Equipment MCC Office Concepts & 16 Office Supplies W.B. Mason MCC & State #41 A81334,A53764,A81373 Major Automotive Installations T/A Spectrum Emergency lighting install and repairs. radio purchase and install. PUGS, cabinets, gun lockers and police hand held radios. State Carquest 8022 Car parts, accessories (nuts/bolts, screws) MCC Apollo Tire M8000 Tires State Custom Bandage 13-r & Tires & Tubes State ProComm Radio Communication Equipment State CDW WSCA Computer Equipment & Software State & MCC David Weber Oil 81519, Motor Oils, Antifreeze, Windshield Washer Fluid MCC Denville Line Painting 36 Line Striping State Foley Equipment 6907, Caterpillar Parts State Storr Tractor Tractor Parts State Jet Vac Vactor Parts & Repair State Service Tire 82528, Tires State Grainger Supply Tools State Hoover Truck 73702,73513,78973 Truck Parts & Repairs State Aamco Transmission Parts & Repair State Trius Spreader Parts / Plow Parts & Equipment State & MCC Royal Communication Radio Equipment 10

11 State & MCC Cliffside Body Corp 75724,76452,73781, D Truck & Plow Parts MCC Reed Systems 3 Envirobrine State & Garden State Highway 76455, 76835,81444 Signs & Materials MCC Products, Inc. 28 State & MCC Campbell Foundry , 7 Catch Basins, Manholes & Drainage Pipe MCC The Phillips Company/ 19 Block Harrison Supply State Tony Sanchez Truck & Auto Parts MCC North Church Gravel 4 Snow Grits State Tilcon Crushed Stone, Gravel & Sand State Smith Motors 76443, Truck & Automotive Parts 73701,73509,79164 NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Rockaway, County of Morris, and State of New Jersey does hereby authorize the Mayor and/or Business Administrator or Assistant Business Administrator to authorize the purchase of the specified items from the above listed State or MCCPC vendors as often as deemed necessary and reasonable to do so, but only to the extent that such purchases do not exceed duly authorized budget appropriations for each category of purchases/expenditures. TOWNSHIP OF ROCKAWAY MORRIS COUNTY, NEW JERSEY R RESOLUTION GRANTING AUTHORIZATION TO ENTER INTO A PROFESSIONAL SERVICE AGREEMENT FOR PROSECUTORIAL SERVICES WHEREAS, the N.J.S.A. 40A:11-1 et. seq. known as the Local Public Contracts Law, requires that all Contracts or Agreements for the performance of any work, shall not be made or awarded unless Public advertising for Bids and bidding, therefore, is solicited; and WHEREAS, N.J.S.A. 40A:11-5 et. seq. provides that any Contract or Agreement may be made, negotiated or awarded without Public advertising for Bids and bidding if authorized by resolution and if the subject matter therefore consists of Professional Services which are rendered or performed by a person authorized by Law to practice a recognized profession; and WHEREAS, the Township of Rockaway has a need for Professional Prosecutorial Services, which will be performed by a professional qualified to provide such services by way of the professional s compliance with the provisions of N.J.S.A. 19:44A-1 et. seq. and N.J.S.A. 19:44A-20.5(1)(a)(i); WHEREAS, the Business Administrator has determined and certified in writing that the value of the aforementioned contract is anticipated to exceed $17,500; 11

12 WHEREAS, in accordance with the Anti Pay-to-Play Legislation, Peter J. King, L,L,C,, submitted to the Township the Political Contribution Disclosure Form, Stockholder Disclosure Certification and Business Entity Disclosure Certification as required; and WHEREAS, Peter J. King, L.L.C. also submitted to the Township a New Jersey Business Registration Certificate; NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Rockaway, County of Morris, State of New Jersey as follows: 1. The Township hereby authorizes the retention of the services of Peter J. King, L.L.C., 51 Gibraltar Drive Suite 10, Morris Plains, New Jersey as an independent contractor to provide professional prosecutorial services pursuant to a Contract for Prosecutorial Services which is attached hereto and made a part hereof by reference; 2. The contract with Peter J. King, L.L.C. aforesaid is for professional services and is exempt from the bidding requirements under the Local Public Contracts Law, pursuant to N.J.S.A. 40A:11-5(1)(a)(i); 3. The contract authorized by this resolution is limited by the availability of funds and is subject to Peter J. King L.L.C. s compliance with the Equal Opportunity Requirements of N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27; 4. The Mayor and Township Clerk, together with all appropriate officers, employees, professionals and staff of the Township are hereby authorized and directed to take all steps necessary to effectuate the purposes of this Resolution, 5. It is hereby directed that Notice of this Contract shall be published once in the official designated newspaper of the Township within ten (10) days of the date hereof; 6. This Resolution shall take effect immediately. RESOLUTION NO. R AUTHORIZING THE AWARD OF A CONTRACT TO BOLLINGER INSURANCE FOR THE TOWNSHIP S PRESCRIPTION PLAN FOR THE PERIOD OF APRIL 1, 2013 THROUGH MARCH 31, 2014 WHEREAS, the Township of Rockaway ("Township") prescription plan is currently by Monumental Life through Bollinger Insurance located at 101 JFK Parkway, Short Hills, New Jersey ("Bollinger"); and WHEREAS, the Township's current prescription plan expires on March 31, 2013; and WHEREAS, at the request of the Township, Mark R. Edwards, with the Financial Benefits Research Group, solicited several insurance companies for quotes for the Township's prescription plan for the period of April 1, 2013 through March 31, 2014; and WHEREAS, Mr. Edwards solicited quotes from BeneScript Services Incorporated, Bene Card Administrators L.L.C., Prescription Corp. of America, and Monumental Life through Bollinger Insurance; and WHEREAS, all quotes received were in excess of last year s premiums; WHEREAS, the lowest quote secured by Mr. Edwards was from Prescription Corp. of America resulting in an increase in the premium of 3.2 percent ($50,484); and 12

13 WHEREAS, the second lowest quote secured by Mr. Edwards was from Monumental Life, through Bollinger Insurance, resulting in an increase in the premium of 4.5 percent ($70,332.00) and offers the same benefit of the current plan as well as variations that may be more suitable to the goals and objectives of the Township; and WHEREAS, Mr. Edwards has advised the Township Administrator that accepting the offering from Monumental Life will provide no business disruption, greater certainty in future rate increases given the Township s high loss ratio, the necessary flexibility in plan design consistency with the requirements of the New Jersey State Health Benefits Program, and stability in the override process in accordance with program requirements; and WHEREAS, said contract for a Township health insurance prescription plan may be retained without competitive bidding pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11-5(1)(m) as an extraordinary unspecified service; and WHEREAS, due to Monumental Life s competitive pricing, long history of providing outstanding service to the Township, and upon recommendation of the Township s Insurance Broker the Township has agreed to renew its contract with Monumental Life for the Township's prescription plan for the period of April 1, 2013 through March 31, 2014 with a premium increase of only 4.5 percent. NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Rockaway, County of Morris, State of New Jersey as follows: 1. The Township hereby authorizes the Business Administrator to renew the contract with Monumental Life through Bollinger Insurance located at 101 JFK Parkway, Short Hills, New Jersey for the Township s prescription plan from April 1, 2013 through March 31, 2014 at a total cost of $1,632,972.00, a 4.5 percent ($70, ) premium increase from last year. 2. The contract is for insurance and is exempt from the bidding requirements under the Local Public Contracts Law, N.J.S.A. 40A:11-5(1) (m). 3. The foregoing award is subject to receipt of a New Jersey Business Registration Certificate pursuant to N.J.S.A. 52: The award is also subject to compliance with the Equal Employment Opportunity Requirements pursuant to N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17: The Mayor and Township Clerk, together with all appropriate officers, employees, professionals and staff of the Township are hereby authorized and directed to take all steps necessary to effectuate the purposes of this Resolution. 6. It is hereby directed that Notice of Award of this Contract shall be published once in the official designated newspaper of the Township within ten (10) days of the date hereof. 7. This Resolution shall take effect immediately. RESOLUTION ESTABLISHING SANITARY SEWER MAINTENANCE FEE FOR SINGLE FAMILY RESIDENTIAL DWELLINGS RESOLUTION R WHEREAS, Chapter of the Township of Rockaway Code provides that the Township Council shall determine by Resolution each year the single family residential dwellings sanitary sewer maintenance fee; and 13

14 WHEREAS, the Township Department of Finance has determined the amount of this fee based on the formula set forth in Chapter 15-29(a)(1)(a); and NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Rockaway, County of Morris and State of New Jersey that: 1. The single family residential dwelling sanitary sewer maintenance fee shall be $ The Mayor and Clerk together with officers and the appropriate employees of the Township are hereby authorized to take all steps necessary to effectuate the purposes of the Resolution. 3. This Resolution shall take effect immediately. TOWNSHIP OF ROCKAWAY MORRIS COUNTY, NEW JERSEY R REVISING THE TOWNSHIP S POLICIES REGARDING ELIGIBILITY TO RECEIVE STATE HEALTH BENEFITS AND PAYMENT FOR WAIVER OF STATE HEALTH BENEFITS WHEREAS, the Township of Rockaway s ( Township ) Personnel Policy and Procedure Manual, which became effective on March 1, 2004 and was subsequently revised, contains the Township s current Medical Benefit Plan policy; and WHEREAS, in accordance with the revised State Health Benefits regulations, N.J.S.A. 52: (c)(2), the Township adopted Resolution which increased the number of hours that must be worked per week from 20 hours to 25 hours in order to be eligible for State Health Benefits; and WHEREAS, the Township desires to further clarify and revise its policies to comply with N.J.S.A. 52: (c)(2); and WHEREAS, the Township desires to amend and supplement the Township s Personnel Policy and Procedure Manual to provide for the above policy changes. 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: 14

15 1. All employees must work a minimum of twenty-five (25) hours per week in order to be eligible for State Health Benefits; except that employees hired on or before July 5, 2011 who were eligible for health benefits coverage because the employee worked a minimum of twenty(20) hours per week will remain eligible for health benefits coverage provided the employee continuously thereafter maintains at least twenty (20) hours per week. Employees who were not previously eligible for benefits and whose hours are subsequently increased to less than twenty-five (25) hours per week will not be eligible for health benefits coverage. 2. Chapter III, Benefits, Medical Benefit Plans section of the Township of Rockaway s Personnel Policy and Procedure Manual, shall be revised to read as follows: MEDICAL BENEFIT PLANS The Township of Rockaway will provide medical insurance coverage as provided by the New Jersey State Health Benefits Program for all eligible employees and their families. All employees must work a minimum of twenty-five (25) hours per week in order to be eligible for State Health Benefits; except that employees hired on or before July 5, 2011 who were eligible to health benefits coverage because the employee worked a minimum of twenty (20) hours per week will remain eligible for health benefits coverage provided the employee continuously thereafter maintains at least twenty (20) hours per week. Employees who were not previously eligible for benefits and whose hours are subsequently increased to less than twenty-five (25) hours per week will not be eligible for health benefits coverage. The Township shall annually pay to any employee who files a waiver of State Health Benefits pursuant to N.J.S.A. 52: a, an amount equal to the lesser of twenty-five (25) percent of the amount saved by the Township because of the employee s waiver of coverage or Five Thousand Dollars ($5,000.00) Additionally, the Township makes available to eligible employees a Dental Plan, a Vision Plan and a Prescription Plan, Temporary Disability Plan and Life Insurance benefit coverage. Specific information regarding these benefit plans will be provided to each employee upon hiring and whenever the plans are updated or revised. 3. The Mayor and Township Clerk, together with all other appropriate officers, employees, consultants, and professionals of the Township are hereby authorized and directed to take any and all steps necessary to effectuate the purposes of this Resolution. 4. Upon adoption, the Township Clerk shall forward a certified copy of this Resolution to the Health Benefits Bureau, Division of Pensions and Benefits, P.O. Box 299, Trenton, New Jersey This Resolution shall take effect immediately. 15

16 Reports: Mr. Minenna He thanked the three Boy Scouts from Troop 113 for leading everyone in the salute to the American Flag this evening. They are working on their merit badges for advancement. Mr. Minenna announced that trout season opens this Saturday and the Mt. Hope Pond is fully stocked. Mr. DiMaria No report. Mr. Rogers No report. Mr. Reddin No report. Mr. Berman He wonders what the Democrats will think next year when Obama Care goes into effect. Health care will go thru the roof, making taxes increase. Mr. Anello He is the liaison for the Library. Near the end of 2012 they realized they would be $80,000 short in their budget. They proposed furloughs to the union. The union did not respond. After several months, they agreed on eight furlough days; four will be in August when many people are on vacation and four were held last week. They were closed March 25 th thru the 31 st. The first four days were normal work days; then there was Good Friday which was a holiday and the Easter weekend. This was not a good decision, as they were closed all week. They are learning to tighten their belt. Mr. Antonelli He reported that last year there were complaints of speeding on Telemark Road near the park. With the recent warm weather, he received complaints again this year. He asked Captain Brennan to step up enforcement in this area. Regarding Pondview, he has an article that Pondview s attorney, Riker & Danzig is one of the biggest lobbyists in Trenton. He is uncomfortable with this as they now seem to be ramping up work at the site. Council President Quinn He, along with Mayor Dachisen, attended the Easter Egg Hunt. There were 175 children in attendance and all had a great time. He will attend the Little League Parade. He advised that on May 7, 2013, Dr. Grefe, Superintendent of Schools will attend our meeting to speak about their budget. Mayor Dachisen He praised the webpage and the Facebook page stating that Mrs. Seger did a great job. The Red, White & Blue ceremony is scheduled for April 21, This is where they honor firefighters and police officers. Attorney Iaciofano He requested a closed session on April 30, 2103 to discuss various litigation matters. Also on April 30, 2013, at 6:30 p.m. there will be an ordinance committee meeting. They will discuss the new proposed taxi and limousine ordinance which is very extensive. Mr. Poff Today, Mr. Sheard and Mrs. Seger attended a kick-off meeting with the company that will be measuring our performance and setting goals for each department. He, along with Mr. Minenna, attended the Morris County Economic Development seminar. They look at strategies to plan for businesses in Morris County. This program is mainly funded by the 16

17 County. Mr. Poff wants to meet with them to see how we can attract retail businesses to our community. Mr. Poff reported that Keli Gallo of the Buzak Law Office is handling Pondview for the Township. She recently sent them an appropriate answer to their letter asking the Township to vacate a certain portion of our right-of-way on Union Turnpike. We do not have a draft of the jurisdictional agreement which makes it hard to make any decisions. Complete plans must be reviewed before any recommendations can be made about vacating Union Turnpike. Also, there is ponding on Union Turnpike. Mr. Lutz issued a violation. giving them options to correct this situation. We expect them to correct this problem. Mrs. Seger- She announced that Tilcon and the Barn won awards. The first newsletter is now online. Mr. Lutz No report. Mr. Antonelli asked him if he had time to look at the proposed dog park. Mr. Lutz advised that he spoke with Mr. Fiorilla, but not much has been done. They will visit the site again with Mr. Antonelli. Council President Quinn stated the old Sharkey s landscaping place on Route 15 is a mess. Mr. Tobaygo spoke with the owner who promised to clean it up, but nothing has been done. President Quinn asked that Mr. Tobaygo follow up with this. Mr. Minenna asked if Pondview is working without approvals. Mr. Poff advised that two years ago we had declined to sign off on a road opening application as there were no plans. Pondview took us to court and the Judge ruled that we had to sign off of the road opening permit. Currently they are doing work there that was approved by the State. They are not doing any non-approved Township work. Captain Brennan No report. Mr. Babcock No report. No further business to attend to this evening, a motion was made by Mr. DiMaria, seconded by Mr. Minenna to adjourn this meeting at 8:45 p.m. Roll Call Vote: YES-8 NAY-0 ABSTAIN-0 ABSENT-1 Respectfully submitted, Susan Best, RMC Township Clerk 17

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