TOWNSHIP OF ROCKAWAY COUNCIL SEPTEMBER 12, 2017

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1 The Regular Meeting of the Township Council of the Township of Rockaway was held on Tuesday, September 12, 2017 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 6, 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 those present in the Salute to the American Flag. Council President Antonelli called for a Moment of Silence for the Coalition Forces Overseas. Present : Mr. Quinn, Mr. Berman, Dr. Gellman, Mr. Anello, Mr. Puzio, Ms. Abrahamsen, Mr. Jedynak, and Council President Antonelli. Absent: Mr. Reddin Present from Administration : Attorney Iaciofano, Mr. Brewer, Mrs. Seger, Mrs. Palmieri, Mr. Lutz, Mr. Tabbot, Chief McParland, Mr. Sheard, Mr. Garabrant, and Mr. Knoth. Approval of Minutes: A. August 8, 2017 Regular Meeting A motion was made by Dr. Gellman, seconded by Mr. Quinn to approve the minutes from the August 8, 2017 Regular Meeting. Prior to the roll call, Mr. Jedynak said there was a mistake on page 4, which read: Mr. Jedynak attempted to ask questions on several of the resolutions listed above; however, Council President Antonelli stated that Mr. Jedynak already asked the questions prior to the meeting and was given answers. Mr. Jedynak said he was denied to ask the questions. Council President Antonelli said the statement in the minutes reflects that. ROLL CALL VOTE: YEA-5 NAY-2 ABSENT-1 ABSTAIN-1 (Abrahamsen & Jedynak) (Berman) B. August 8, 2017 Closed Session A motion was made by Dr. Gellman, seconded by Mr. Quinn to approve the minutes from the August 8, 2017 Closed Session. ROLL CALL VOTE: YEA-7 NAY-0 ABSENT-1 ABSTAIN-1 (Berman) ORDINANCES TO ADOPT ON FINAL READING: A. O AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF A DEED GRANTING A PERMANENT SIGHT TRIANGLE EASEMENT AND THE ACCEPTANCE OF A DEED GRANTING A PERMANENT PUBLIC RIGHT OF WAY RESPECTING REAL PROPERTY DESIGNATED ON THE 1

2 OFFICIAL TAX MAP OF THE TOWNSHIP OF ROCKAWAY AS BLOCK LOT MORE COMMONLY KNOWN AS 400 ROUTE 46 Council President Antonelli opened the meeting to the public for questions or comments on this ordinance only. No one wishing to be heard, Council President Antonelli closed the meeting to the public. A motion was made by Dr. Gellman, seconded by Mr. Quinn to adopt Ordinance O on second and final reading. ROLL CALL VOTE: YEA-8 NAY-0 ABSENT-1 ABSTAIN-0 ORDINANCE NO. O AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF A DEED GRANTING A PERMANENT SIGHT TRIANGLE EASEMENT AND THE ACCEPTANCE OF A DEED GRANTING A PERMANENT PUBLIC RIGHT OF WAY RESPECTING REAL PROPERTY DESIGNATED ON THE OFFICIAL TAX MAP OF THE TOWNSHIP OF ROCKAWAY AS BLOCK LOT MORE COMMONLY KNOWN AS 400 ROUTE 46 and WHEREAS, N.J.S.A. 40A:12-4 authorizes a municipality to acquire easements; WHEREAS, N.J.S.A. 40A:12-5 requires that the acquisition of easements by municipalities be accomplished by ordinance; and WHEREAS, by virtue of paragraph 3 of a Site Plan Developer's Agreement dated September 23, 2002 between the Township of Rockaway (Township), Autozone, Inc. and Dickman Brothers, L.L.C. (Developer) the Developer was required to permanently convey to the Township a Public Right of Way and a Sight Triangle to facilitate vehicle and pedestrian traffic flow and safety in the area of 400 Route 46 at its intersection with George Street; and WHEREAS, the Developer has submitted a Sight Triangle Deed and a Right of Way Deed of Easement for Lot in Block which deeds dedicate, at no cost to the Township, the permanent easements required by the Developer s Agreement aforesaid; and WHEREAS, it has been determined by the Township Council that approving the acquisition of the Right of Way and the Sight Triangle Easements which are attached hereto and made a part hereof by reference will facilitate the safe flow of vehicle and pedestrian traffic. 2

3 NOW, THEREFORE, BE IT ORDAINED by the Township Council of the Township of Rockaway, County of Morris, State of New Jersey, as follows: SECTION 1. The Township is hereby authorized to accept the conveyances represented by the deeds referenced herein. After all requirements respecting the enactment of this ordinance have been fulfilled the Sight Triangle Deed and the Right of Way Deed shall be recorded in the Office of the Morris County Clerk. SECTION 2. Having passed a first reading, this Ordinance shall be published in the manner required by N.J.S.A. 40:49-6, at least once not less than ten (10) days prior to the time fixed for further consideration for final passage. SECTION 3. Pursuant to N.J.S.A. 40:49-6, at least one week prior to the time fixed for final passage, a copy of the Ordinance, together with notice of the introduction, including time and place fixed for final passage, shall be mailed to every person whose land may be affected by the Ordinance. SECTION 4. The Township Clerk shall, within sixty (60) days after the Ordinance becomes effective, file a certified copy thereof, under the seal of the Township of Rockaway, together with a copy of the proof of publication thereof, in the Office of the Clerk of Morris County, pursuant to N.J.S.A. 40: SECTION 5. The Mayor and Township Clerk are hereby authorized to execute any and all instruments and to do all things necessary to effectuate the purposes hereof. SECTION 6. All Ordinances, resolutions, and regulations or parts of ordinances, resolutions and regulations inconsistent herewith are hereby repealed as to the extent of such inconsistency. SECTION 7. If any section, paragraph, article, subdivision, clause or provision of this Ordinance shall be judged invalid, such adjudication shall apply only to the section, paragraph, article, subdivision, clause or provision so adjudged and the remainder of this Ordinance shall be deemed valid and effective. SECTION 8. This Ordinance shall take effect upon final passage and approval in accordance with law. B. O ORDINANCE AMENDING CHAPTER 7, SECTION 7-6.8, PARKING PROHIBITED DURING CERTAIN HOURS ON CERTAIN STREETS OF THE REVISED ORDINANCES OF THE TOWNSHIP OF ROCKAWAY Council President Antonelli opened the meeting to the public for questions or comments on this ordinance only. No one wishing to be heard, Council President Antonelli closed the meeting to the public. 3

4 A motion was made by Dr. Gellman, seconded by Mr. Quinn to adopt Ordinance O on second and final reading. ROLL CALL VOTE: YEA-8 NAY-0 ABSENT-1 ABSTAIN-0 ORDINANCE NO. O ORDINANCE AMENDING CHAPTER 7, SECTION , PARKING PROHIBITED DURING CERTAIN HOURS ON CER TAIN STREETS OF THE REVISED ORDINANCE S OF THE TOWNSHIP OF ROCKAWAY NOW THEREFORE, BE IT ORDAINED, by the Township Council of the Township of Rockaway, County of Morris and State of New Jersey as follows: SECTION 7-6.8, PARKING PROHIBITED DURING CERTAIN HOURS ON CERTAIN STREETS is hereby amended as follows: No person shall park a vehicle between the hours specified on any day (except Saturdays, Sundays and public holidays) upon any of the streets or parts of streets described. Name of Street Side Hours Cycle Location Lake Shore Drive North 7:00 a.m. to All year Between Ute Place 9:00 a.m. and Oneida to Avenue 2:00 p.m. to 4:00 p.m. Marvin StreetEast 11:00 p.m. to All year From Route 46 7:00 a.m. to Swede Mine Road Marvin StreetEast 9:00 a.m. to Sept. 1 st to From Route 46 2:00 p.m. June 30 th to Swede Mine Road Mt. Prospect All 10:00 a.m. Sept. 1 st to From Route 46 Avenue to June 30 th to Swede Mine 2:00 p.m. Road Name of Street Sides Location Marvin Street West Entire Length All ordinances, resolutions, and regulations or parts of ordinances, resolutions and regulations inconsistent herewith are hereby repealed to the extent of such inconsistency. 4

5 If any section, paragraph, article, subdivision, clause or provision of this Ordinance shall be adjudged invalid, such adjudication shall apply only to this action, paragraph, article, subdivision, clause or provisions so adjudged, and the remainder of this Ordinance shall be deemed valid and effective. Open to the Public: Jessica & Blake VanZile -23 Dehart Avenue, Rockaway: They are concerned about the homeless issue in her neighborhood. They have noticed tents, garbage, etc. They reached out to the owner of the Shop Rite property. These people are living just a few feet from their yard. Last week there was a murder in this area. They asked if there were any plans to take action against this. Tucker Kelley 16 Meggins Road, Rockaway: He asked if the Township had received any proposals from Mine Hill Township regarding the shared services proposed agreement listed for closed session this evening. He asked for answers now instead of waiting until it was closed to the public. Council President Antonelli said he would direct the questions to Administration after the meeting was closed to the public. Mr. Kelley insisted on answers now. Attorney Iaciofano advised that this was inappropriate as it is contract negotiations in closed session this evening. Mr. Kelley cited a portion of the Open Public Meetings Act maintaining that it was public knowledge. Attorney Iaciofano again advised there should be no discussions, and that Mr. Kelley was wrong. Mr. Kelley feels we are a discounted municipality regarding shared services. No one else wishing to be heard, Council President Antonelli closed the meeting to the public. Council President Antonelli requested Chief McParland to speak with Mr. and Mrs. Van Zile tomorrow and advise them of the Township s efforts to clean up this area. ORDINANCE TO INTRODUCE: 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 THE STANDARDS FOR PUBLIC GARAGES AND GASOLINE SERVICE STATIONS A motion was made by Dr. Gellman, seconded by Mr. Puzio to introduce Ordinance O on first reading. Prior to the roll call vote, Mr. Jedynak had some concerns. He said that we had a presentation by the Planner in March and referred to a memo sent by Mr. Novak dated May 2, 2017, stating this was the first time he saw this. Council President Antonelli explained that the Planner created the ordinance based on the instructions of the Council after the presentation. Mr. Lutz explained that this has to be sent to the Planning Board for their comments. Attorney Iaciofano explained the process adding 5

6 that this is just the start of the mandated process. Mr. Jedynak is looking for a presentation explaining the ordinance. Council President Antonelli instructed administration to send a copy of all the information that will be sent to the Planning Board to the Council members so they are aware. ROLL CALL VOTE: YEA- 7 NAY-0 ABSENT-1 ABSTAIN-1 (Jedynak) CONSENT AGENDA: RESOLUTIONS: A. (R ) RESOLUTION SUPPORTING THE DRIVE SOBER OR GET PULLED OVER 2017 STATEWIDE CRACKDOWN B. (R ) REDEMPTION OF TAX TITLE LIEN C# (322 Richard Mine Road, E9) C. (R ) REDEMPTION OF TAX TITLE LIEN C# (187 White Meadow Road) D. (R ) RESCINDING RESOLUTION R REDEMPTION OF TAX TITLE LIEN C# E. (E ) AUTHORIZING THE MAYOR TO SIGN A NON-EXCLUSIVE LICENSE AGREEMENT WITH LEI PA PARTNERS LP, A PENNSYLVANIA LIMITED PARTNERSHIP TO ALLOW THE ROCKAWAY TOWNSHIP POLICE DEPARTMENT TO CONSTRUCT AND UTILIZE A COMMUNICATIONS ANTENNA ON AND FROM THE ROOF OF THE BUILDING LOCATED AT 100 ENTERPRISE DRIVE, ROCKAWAY, NJ F. (R ) AUTHORIZING THE AWARD OF A CONTRACT TO ROHRER ENTERPRISES, INC. D/B/A/ ROHRER BUSS SALES FOR THE PURCHASE OF A 2017 CUTAWAY MINI BUD IN THE TOTAL BID AMOUNT OF $61, G. (R ) RESOLUTION AUTHORIZING THE ENDORSEMENT OF A TREATMENT WORKS APPROVAL PERMIT APPLICATION FOR THE CONSTRUCTION OF CERTAIN SANITARY SEWER FACILITIES AND IMPROVEMENTS RELATED TO THE DEVELOPMENT OF PROPERTY LOCATED ON BLOCK 11001, LOT 1 ON THE OFFICIAL TAX MAP OF THE TOWNSHIP OF ROCKAWAY (THE CHEESECAKE FACTORY & ROCKAWAY CENTER ASSOCIATES) H. (R ) AUTHORIZING THE AWARD OF PERFORMANCE CONTRACT FOR THE N.J.P.D.E.S. MONITORING WELL/LABORATORY ANALYSIS AND WATER ANALYSIS OF VOLATILE ORGANICS AND GENERAL WATER CHEMISTRY BIOLOGICAL TESTING SERVICES TO GARDEN STATE LABORATORIES, INC. FOR THE CONTRACT PERIOD OF SEPTEMBER 1, 2017 THROUGH AUGUST 31, 2018 I. (R ) RESOLUTION AUTHORIZING THE RELEASE OF A PERFORMANCE GUARANTEE PREVIOUSLY POSTED BY GARCIA & GARCIA ASSOCIATES, LLC IN THE AMOUNT OF $80, AND REQUIRING THE POSTING OF A MAINTENANCE GUARANTEE IN THE AMOUNT OF $80, FOR A PERIOD OF TWO YEARS APPLICABLE TO IMPROVEMENTS TO THE REAL PROPERTY 6

7 DEPICTED AS BLOCK LOT 2 ON THE OFFICIAL TAX MAP OF THE TOWNSHIP OF ROCKAWAY MORE COMMONLY KNOWN AS GARCIA & GARCIA ASSOCIATES, LLC, 85 GREEN POND ROAD, ROCKAWAY *J. (R ) AUTHORIZING THE EXECUTION OF A SETTLEMENT AGREEMENT WITH MORRIS COMMONS, LLC K. (R ) AUTHORIZING CHANGE ORDER #001 AND CHANGE ORDER #002 TO A CONTRACT PREVIOUSLY AWARDED TO JDS GENERAL CONTRACTING, INC. BY RESOLUTION R FOR THE ROOF REHABILITATION & RESURFACING AT THE ROCKAWAY TOWNSHIP LIBRARY CHANGING THE ORIGINAL BID AMOUNT FROM $268, TO $270, * Mr. Brewer advised that he gave everyone a copy of the proposed ordinance that pertains to the agreement with Morris Commons. This is so the Council can review this proposed ordinance as it will be introduced at the next meeting. The only change is the height of the clubhouse from 30 feet to 35 feet. FIREFIGHTERS: GEORGE B. RODRIQUEZ JUNIOR FIREMEN S AUXILIARY: NONE ************END OF CONSENT AGENDA********** A motion was made by Mr. Quinn, seconded by Mr. Berman to adopt all of the items listed on the Consent Agenda. Prior to the roll call vote, Mr. Jedynak asked questions about the following resolutions: R he asked for an explanation. Mrs. Best advised that there were two resolutions adopted for this property; one had the correct amount and one had the wrong amount. The wrong amount needed to be rescinded. R Mr. Jedynak was not aware of any discussions regarding this. He asked the cost. Mr. Brewer advised there is no cost for the use of the roof, adding that there will be for parts, etc. Mr. Jedynak asked why piece-meal this. Mr. Brewer explained that this is just for the agreement to erect the police communications equipment on the roof. ROLL CALL VOTE: YEA-8 NAY-0 ABSENT-1 ABSTAIN-2** ** Ms. Abrahamsen abstained on R and Mr. Jedynak abstained on R and R R RESOLUTION SUPPORTING THE DRIVE SOBER OR GET PULLED OVER 2017 STATEWIDE CRACKDOWN WHEREAS, approximately one-third of all fatal traffic crashes in the United States involve drunk drivers; and WHEREAS, impaired driving crashes cost the United States almost $45 Billion a year; and 7

8 WHEREAS, 29% of motor vehicle fatalities in New Jersey in 2016 were alcoholrelated; and and WHEREAS, an enforcement crackdown is planned to combat impaired driving; WHEREAS, the summer season and the Labor Day holiday in particular are traditionally times of social gatherings which include alcohol; and WHEREAS, the State of New Jersey, Division of Highway Traffic Safety, has asked law enforcement agencies throughout the state to participate in the Drive Sober or Get Pulled Over 2017 Statewide Crackdown ; and WHEREAS, the project will involve increased impaired driving enforcement from August 18 through September 4, 2017; and WHEREAS, an increase in impaired driving enforcement and a reduction in impaired driving will save lives on our roadways. NOW, THEREFORE, BE IT RESOLVED that Rockaway Township declares its support for the Drive Sober or Get Pulled Over 2017 Statewide Crackdown from August 18 through September 4, 2017 and pledges to increase awareness of the dangers of drinking and driving. RESOLUTION # R REDEMPTION OF TAX TITLE LIEN C# WHEREAS, the Tax Collector s Office has received payment for redemption of Tax Title Lien # on Block: Lot: 009 known as: 322 RICHARD MINE RD E9. in the name of: PATEL. WHEREAS, reimbursements are now required to be made to the following Lien Holder, TOWER FUND SERVICES / CUST EBURY PO BOX BALTIMORE, MD From Tax Lien Redemption Account, Lien, Penalty, Interest and Costs: TAX TITLE LIEN: $ 1, 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: $2, 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 C# WHEREAS, the Tax Collector s Office has received payment for redemption of Tax Title Lien # on Block: Lot: 182 known as: 187 WHITE MEADOW RD. in the name of: TURNER. WHEREAS, reimbursements are now required to be made to the following Lien Holder, TOWER FUND SERVICES / CUST EBURY PO BOX BALTIMORE, MD From Tax Lien Redemption Account, Lien, Penalty, Interest and Costs: TAX TITLE LIEN: $ 1, 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: $ 2, made payable to: "ABOVE LIEN HOLDER" BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded to the Township Treasurer. RESOLUTION RESCINDING RESOLUTION R REDEMPTION OF TAX TITLE LIEN C# WHEREAS, the governing body of the Township of Rockaway adopted Resolution R on June 27, 2017; and WHEREAS, the correct Resolution (R ) was adopted by the governing body on August 8, 2017; and WHEREAS, the governing body of the Township of Rockaway desires to rescind Resolution R 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. Resolution R is rescinded. 2. This Resolution shall take effect as herein provided. TOWNSHIP OF ROCKAWAY-MORRIS COUNTY, NEW JERSEY R

10 AUTHORIZING THE MAYOR TO SIGN A NON-EXCLUSIVE LICENSE AGREEMENT WITH LEI PA PARTNERS LP, A PENNSYLVANIA LIMITED PARTNERSHIP TO ALLOW THE ROCKAWAY TOWNSHIP POLICE DEPARTMENT TO CONSTRUCT AND UTILIZE A COMMUNICATIONS ANTENNA ON AND FROM THE ROOF OF THE BUILDING LOCATED AT 100 ENTERPRISE DRIVE, ROCKAWAY, NJ WHEREAS, the Rockaway Township Police Department (hereinafter "PD") has requested that the Township of Rockaway (hereinafter "Township") enter into a licensing agreement with LEI PA Partners, L.P., a Pennsylvania Limited Partnership (hereinafter "LEI") which owns and operates the real property located at 100 Enterprise Drive, Rockaway, NJ; WHEREAS, upon execution of the licensing agreement it is the intention of the PD to proceed as follows: Install the following equipment would at the subject premises. 1. Motorola SLR5700 Receiver unit housed in a 24X24X30 inch lockable cabinet. 2. (1) PCTEL MFB1500 Omni Directional Antenna. (Antenna is about 6 Ft tall) 3. LMR600 Antenna Cable with Coaxial Grounding. 4. Antenna Mounting Kit; and, WHEREAS, the equipment will access Verizon FIOS, which access will be provided by the Police Department; and, WHEREAS, the PD has indicated that Verizon has verified there is FiOS to the 7 th floor, which is where the FIOS communication signals will be received; and, WHEREAS, LEI has agreed to allow the construction on and the utilization of its building by the PD at no cost to the Township, except that in order to secure the use of the premises, LEI requires that the Township enter into a Non-Exclusive License Agreement, which is attached hereto and made a part hereof by reference; and, WHEREAS, it is the Township's desire to enhance the communications capabilities of its PD and wishes to enter into the subject agreement in order to secure PD access to and utilization of the subject premises. NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Rockaway as follows: 1. The Mayor is hereby authorized to enter into the Non-Exclusive Licensing Agreement with LEI PA Partners LP which is attached hereto on behalf of the Township. 2. This Resolution shall be printed once in the Official Newspaper of the Township of Rockaway. 3. This Resolution shall take effect as provided herein. RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT TO ROHRER ENTERPRISES, INC. D/B/A ROHRER BUS SALES FOR THE PURCHASE OF A 2017 CUTAWAY MINI BUS IN THE TOTAL BID AMOUNT OF $61,

11 WHEREAS, the Township of Rockaway ("Township") duly sought bids for the purchase of a 2017 Cutaway Mini Bus to provide transportation for Senior Citizens and other citizens residing in the Township who demonstrate a need for such services; and WHEREAS, three (3) bids were received and opened by the Township on August 17, 2017; and WHEREAS, the lowest bid, in the total bid amount of $61, was received from Rohrer Enterprises, Inc. D/B/A Rohrer Bus Sales (hereinafter, "Rohrer"), 314 Dickinson Street, Trenton, N.J ; the second lowest bid in the total bid amount of $63, was received from Wolfington Body Company, Inc., 1315 Route 38, P.O. Box 160, Mount Holly, P.O., N.J ; and, the third lowest bid in the total bid amount of $66, was received from Alliance Bus Group, Inc., 51 Kero Road, Carlstadt, N.J ; and WHEREAS, written recommendations that the Township award the bid to Rohrer as the lowest responsive and responsible bidder were supplied to the Township on August 17, 2017 by Al Knoth, Superintendent / Recycling Coordinator of the DPW and on August 18, 2017 by Robert Sheard, Director of DPW and Fire; and, WHEREAS, by letter dated August 22, 2017 Counsel for the Township has indicated that Howard E. Rohrer, III, who is the President of Rohrer and who has authority to supply bids on behalf of Rohrer, has executed the bid and associated documents on behalf of Rohrer; that Rohrer's bid documents are in order; and, that the Contract should be awarded to Rohrer as the lowest responsive and responsible bidder; and WHEREAS, the Township desires to authorize the award of the Contract to Rohrer as the lowest responsive and responsible bidder for a total contract price of $61, 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 of a 2017 Cutaway Mini Bus for the total bid price of Sixty-One Thousand Five Hundred Forty-Three Dollars and No Cents ($61,543.00) is hereby awarded to Rohrer Enterprises, Inc. D/B/A Rohrer Bus Sales, 314 Dickinson Street, Trenton, N.J 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 Rohrer, 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 Rohrer 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 RESOLUTION AUTHORIZING THE ENDORSEMENT OF A TREATMENT 11

12 WORKS APPROVAL PERMIT APPLICATION FOR THE CONSTRUCTION OF CERTAIN SANITARY SEWER FACILITIES AND IMPROVEMENTS RELATED TO THE DEVELOPMENT OF PROPERTY LOCATED ON BLOCK 11001, LOT 1 ON THE OFFICIAL TAX MAP OF THE TOWNSHIP OF ROCKAWAY (THE CHEESECAKE FACTORY & ROCKAWAY CENTER ASSOCIATES) WHEREAS, the Cheesecake Factory and Rockaway Center Associates ("Co- Applicants") received minor site plan approval, with associated variances and waivers, from the Township of Rockaway Planning Board in connection with several interior and exterior modifications to a portion of the Rockaway Town Square Mall located on Block 11001, Lot 1 on the Official Tax Map of the Township of Rockaway ("Project"), as set forth in memorializing Resolution dated August 21, 2017; and WHEREAS, in order to provide sanitary sewer service to the Project, it is necessary that certain sanitary sewer improvements be constructed, including the installation of 6 inch gravity lateral mains that will convey sanitary sewage to an existing sanitary manhole for discharge to a nearby existing pump station ("Sanitary Sewer Facilities"); and WHEREAS, pursuant to the regulations adopted by the New Jersey Department of Environmental Protection ("NJDEP"), a Treatment Works Approval Permit for the construction of the Sanitary Sewer Facilities must be obtained; and WHEREAS, the Township Engineer and the Utility Superintendent have reviewed the application and plans, together with all other accompanying documents, and have recommended the approval thereof by the Township; and WHEREAS, the Township of Rockaway desires to endorse the Treatment Works Approval Permit Application and authorize the execution of the appropriate Statements of Consent by the appropriate officials. 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 endorses for approval a certain Treatment Works Approval Permit Application submitted by the Cheesecake Factory and Rockaway Center Associates in connection with several interior and exterior modifications to a portion of the Rockaway Town Square Mall located on Block 11001, Lot 1 on the Official Tax Map of the Township of Rockaway. 2. The Mayor and Township Clerk, together with the Township Business Administrator, are hereby authorized and directed to execute the Treatment Works Approval Permit Application. 3. The Mayor, Township Clerk and Township Business Administrator, together with all other appropriate officials, employees, and professional staff are hereby authorized and directed to take any and all steps necessary to effectuate the purposes of this Resolution. 4. The Township hereby endorses and recommends for approval to the RVRSA an allocation of gallonage for the Project in accordance with the applicable rules and regulations of the RVRSA. 5. All construction of the Sanitary Sewer Facilities is subject to inspection and approval by the appropriate entities having jurisdiction thereover. 6. This Resolution shall take effect immediately. RESOLUTION NO. R

13 AUTHORIZING THE AWARD OF PERFORMANCE CONTRACT FOR THE N.J.P.D.E.S. MONITORING WELL/LABORATORY ANALYSIS AND WATER ANALYSIS OF VOLATILE ORGANICS AND GENERAL WATER CHEMISTRY BIOLOGICAL TESTING SERVICES TO GARDEN STATE LABORATORIES INC. FOR THE CONTRACT PERIOD OF SEPTEMBER 1, 2017 THROUGH AUGUST 31, 2018 WHEREAS, the Township of Rockaway ("Township") duly sought bids for a Contract for NJPDES Monitoring Well/Laboratory Analysis; Water Analysis/Volatile Organics/General Water Chemistry; Biological Testing Services for the contract period of September 1, 2017 through August 31, 2018; and WHEREAS, one sealed bid was received and opened by the Township on August 17, 2017; WHEREAS such bid was received from Garden State Laboratories Incorporated located at 410 Hillside Avenue, Hillside, New Jersey ("Garden State") in the total amount of $38, ; and WHEREAS, by s dated August 22, 2017 Robert W. Sheard, Director of Public Works and Fire and Eugene J. Garabrant, Superintendent, Municipal Utility recommended awarding the bid to Garden State as the lowest responsive and responsible bidder; and WHEREAS, by letter dated September 1, 2017, Counsel for the Township has indicated that the bid documents are in order; and WHEREAS, the Township desires to authorize the award of the contract to Garden State as the lowest responsive and responsible bidder; 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 Contract for the NJPDES Monitoring Well/Laboratory Analysis; Water Analysis/Volatile Organics/General Water Chemistry; Biological Testing Services for the contract period of September 1, 2017 through August 31, 2017 is hereby awarded to Garden State Laboratories Incorporated located at 410 Hillside Avenue, Hillside, New Jersey as the lowest responsive and responsible bidder in the total amount of Thirty Eight Thousand Eight Hundred Twenty Six Dollars ($38,826.00). 2. The Mayor and Township Clerk are hereby authorized and directed to execute the contract subsequent to execution of the contract by Garden State, 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 the Contractor 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, the bid specifications, and 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

14 RESOLUTION AUTHORIZING THE RELEASE OF A PERFORMANCE GUARANTEE PREVIOUSLY POSTED BY GARCIA & GARCIA ASSOCIATES, LLC IN THE AMOUNT OF $80, AND REQUIRING THE POSTING OF A MAINTENANCE GUARANTEE IN THE AMOUNT OF $80, FOR A PERIOD OF TWO YEARS APPLICABLE TO IMPROVEMENTS TO THE REAL PROPERTY DEPICTED A S BLOCK LOT 2 ON THE OFFICIAL TAX MAP OF THE TOWNSHIP OF ROCKAWAY MORE COMMONLY KNOWN AS GARCIA & GARCIA ASSOCIATES, LLC, 85 GREEN POND ROAD, ROCKAWAY WHEREAS, by Resolution R dated August 7, 2012 Garcia & Garcia Associates, LLC (Developer) entered into a Developer s Agreement for the construction of a one-story building for office and warehouse use ("Development") located on Green Pond Road in Rockaway Township (Township) which is designated as Lot 2 in Block on the Official Tax Map of the Township of Rockaway; and WHEREAS, Developer has constructed the Development pursuant to the terms and conditions a fully executed Developer s Agreement dated August 1, 2012; and WHEREAS, according to the Township s Engineering Department the Developer has satisfactorily fulfilled its obligations under the Developer s Agreement; and W H E R E A S, t h e D e v e l o p e r i s t h e r e f o r e e n t i t l e d p u r s u a n t t o the D e v e l o p e r s A g r e e m e n t a f o r e s a i d t o t h e r e t u r n o f i t s r e d u c e d p e r f o r m a n c e guarantee in the amount of $72, in a surety bond and $8, in cash subject to and conditional upon the posting of a maintenance guarantee in the amount of $80, NOW, THEREFORE BE IT RESOLVED by the Township Council of the Township of Rockaway, County of Morris, and State of New Jersey, they being its Governing Body thereof, as follows: 1. The release of the performance guarantee, in the amount of $80, previously posted by the Developer i s h e r e b y a u t h o r i z e d s u b j e c t t o a n d c o n d i t i o n a l u p o n t h e D e v e l o p e r s f i r s t p o s t i n g a m a i n t e n a n c e g u a r a n t e e i n t h e a m o u n t o f $ 8 0, in a form of security acceptable to the Township Attorney. 2. The Township shall hold the maintenance guarantee for the required two-year period from the date that the maintenance guarantee is posted and delivered to the Township. 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. T h i s R e s o l u t i o n s h a l l t a k e e f f e c t i m m e d i a t e l y. RESOLUTION NO. R AUTHORIZING THE EXECUTION OF A SETTLEMENT AGREEMENT WITH MORRIS COMMONS, LLC WHEREAS, Morris Commons, LLC ("Morris Commons") initiated litigation against the Township of Rockaway ("Township") in the Superior Court of New Jersey in the matter captioned Morris Commons, LLC v. Township of Rockaway, et al.. Docket No. MRS-L ("Litigation"), challenging the Township's satisfaction of its affordable housing obligation, among other things; and WHEREAS, Morris Commons is the owner of Block 22401, Lots 3.06 and 3.07 on the Official Tax Map of the Township of Rockaway, commonly known as 600 and 700 Commons 14

15 Way, Rockaway Township, New Jersey ("Property"), and desires to construct a residential development with an affordable housing component on the Property; and WHEREAS, the Township and Morris Commons engaged in settlement discussions and have come to an agreement resolving all of the differences between them with regard to the Litigation including the development of the Property with an affordable housing component; and WHEREAS, the terms and conditions of said agreement are set forth in a certain Settlement Agreement dated September 12, 2017; and WHEREAS, the Township Council desires to resolve the issues between the Township and Morris Commons with regard to the Litigation as set forth in the Settlement Agreement. NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Rockaway, County of Morris, State of New Jersey as follows: 1. All the terms and conditions of a certain Settlement Agreement by and between the Township of Rockaway and Morris Commons, LLC, dated September 12, 2017, be and the same are hereby approved, ratified and confirmed by the Township. 2. The Mayor and Township Clerk, together with the Township attorney and other appropriate and applicable 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. 3. This Resolution shall take effect immediately. RESOLUTION AUTHORIZING CHANGE ORDER #001 AND CHANGE ORDER #002 TO A CONTRACT PREVIOUSLY AWARDED TO JDS GENERAL CONTRACTING, INC. BY RESOLUTION R FOR THE ROOF REHABILITATION & RESURFACING AT THE ROCKAWAY TOWNSHIP LIBRARY CHANGING THE ORIGINAL BID AMOUNT FROM $268, TO $270, WHEREAS, by passage of Resolution the Township of Rockaway ("Township") previously awarded a contract to JDS General Contracting, Inc. ( JDS ) for the Roof Rehabilitation and Resurfacing at the Rockaway Township Library in the total bid amount of $268,000; and WHEREAS, unanticipated additional work was identified by the Township Engineer, the Director of Community Services and the Project Architect, Gates Architectural Design, Inc. as being necessary to complete the project to ensure the efficacy of the construction and to further the purpose of the original project; and WHEREAS, on or about August 12, 2016 JDS submitted Change Order #001 and on or about March 10, 2017 JDS submitted Change Order #002 which are submitted herewith as Exhibit A and made a part hereof by reference; and 15

16 WHEREAS, by way of Change Order #001 JDS requested payment of an additional amount of $6, to perform the work which is the subject thereof; and WHEREAS, by way of Change Order #002 JDS offered a credit in the amount of $4, to account for the usage of a lighter gage metal in the construction of the project, which usage was approved by the Project Architect; and WHEREAS, by letter dated July 31, 2017, which is submitted herewith as Exhibit B and made a part hereof by reference, Gates Architectural Design, Inc. set forth the specific work necessary to be performed and/or materials to be changed in order to appropriately complete the project which additional work and changes in materials are identified in JDS Change Order #001 and Change Order #002 respectively; and WHEREAS, Gates Architectural Design, Inc. has confirmed and the parties have agreed that the costs and credits set forth in Change Orders #001 and #002 and that the next contract price adjustment in the additional amount of $2, are fair and reasonable; and WHEREAS, N.J.A.C. 5: provides the Township with authority by way of change order to approve additional work when the cost of such work is less than 20% of the original total bid amount; and WHEREAS, the Township wishes to approve Change Orders #001 and #002 in the net total amount of $2, for the work and credit described therein. 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 issuance of Change Orders #001 and #002 applicable to the Contract for the Roof Rehabilitation and Resurfacing at the Rockaway Township Library in the total net amount of Two Thousand Nine Hundred Dollars and no cents ($2,900.00) is hereby authorized, thereby approving the costs of the aforesaid additional work and the amount of the credit to be applied by JDS General Contracting, Inc. to the total cost of the project, which amount is to be paid from Capital Account C The original bid awarded contract price of $268, is hereby changed to reflect the new total net adjusted contract price of $270, for the project. 3. The Mayor and Township Clerk are hereby authorized and directed to take any and all steps necessary to effectuate the purposes of this Resolution. 4. This award is subject to the vendor 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. 16

17 5. The foregoing award is further subject to the certification of availability of funds by the appropriate officers of the Township. 6. This Resolution shall take effect as herein provided. DISCUSSION: Mt. Hope Sewer Expansion of Feasibility Study Mr. Brewer explained that studies were made in 2006 and again in 2016 for 175 homes, as outlined in a memo he prepared for the Council members. Recently there have been questions of installing sanitary sewers on homes located on Richard Mine Road which were not previously included in the studies. The quote to expand the study is $10,000. The average assessment for the 175 homes is approximately $18,000, which the total cost would be $3,150,000. The revenue from the assessments would leave a balance of over $6,100,000. This would have to be paid by all of the taxpayers. Mr. Quinn asked how many septic systems are failing which will become a health issue. Mr. Brewer advised he does not know. Mr. Berman asked why sewers were not put in originally. He was advised the cost and the Highlands Act. Mr. Anello asked how many inquiries Administration has received and was told two by Mr. Brewer. These homes are not close to any lines. Mr. Anello asked if these residents have spoken about installing a new septic system and was advised that it was not discussed. Mr. Anello spoke of the reason that White Meadow Lake received sewer or are getting sewers which was that the lake was getting polluted by the septic systems. He feels bad for the residents but is against the expense. He advised we should look for grants. Mr. Puzio agrees with Mr. Anello unless it becomes a safety and health issue. Ms. Abrahamsen stated that the cost is exuberant. She mentioned one woman whose house is at the end and that she is having water problems. Mr. Sheard advised Ms. Abrahamsen where the lines are now. Mr. Jedynak asked how many people in the audience have requested sewers. One person raised her hand. He wanted to know if the report was shared with the residents and requested it be put on website. He asked questions about the study in 2006 and 2016 which Mr. Sheard answered. It was noted that the question tonight is whether the Council wants to spend $10,000 to expand the study. The consensus was that the cost was too expensive and not to move on with this. REPORTS : Mr. Quinn: He reported that the football and cheerleading pep rally was extremely well attended. The concession stand was up and running. He gave kudos to all involved. The Challenger Soccer League has started. Regarding the cameras for the school buses, he is waiting to hear back from the Board of Education. He advised that Dover issues tickets to those violating the school bus laws, and we should do the same. He had a great vacation. Mr. Berman: No report. Dr. Gellman: All is well in the 4 th Ward. Mr. Anello: They are paving in the 5 th Ward. He offered kudos to the police department for putting up speed signs which forces people to slow down. He feels they should be erected throughout the township. He feels bad for the homeowner who wants sewers, explaining how much he paid and is still paying off for sewers on his property. 17

18 Mr. Puzio: He also felt the pep rally was exceptional, noting it was great to see not only the concession stand open but people were using the new parking lot which eliminated a lot of the parking on the street. Ms. Abrahamsen : She also felt the pep rally was great. She attended the Morris County Memorial Ceremony. It was very moving, and she is proud to be an American. The Senior Picnic was canceled and is re-scheduled for September 19, Mr. Jedynak : Regarding the Atlantic Health Pavilion Ribbon Cutting Ceremony, he asked if any dates were given. Mr. Brewer advised that he asked Atlantic to give him a few dates so he could see who would be available to attend. Mr. Jedynak asked Mr. Brewer to make sure the Council was invited and Mr. Brewer stated that Atlantic should be inviting them. Council President Antonelli: No report. Attorney Iaciofano : No report. Mr. Brewer : He asked Ms. Abrahamsen if she wanted him to report on her she sent regarding 436 Rockaway Road, which is related to the homeless living in woods by Shop Rite. Mrs. Abrahamsen agreed. Mr. Brewer advised that within minutes of him receiving her original on September 1, staff responded. He listed the times and dates of each report from the various departments. Ms. Abrahamsen asked if efforts were coordinated. Chief McParland explained that the investigation is continuing and this hinders their attempt to remove the garbage and to educate the homeless about shelters, etc. Mrs. Seger : No report. Mrs. Palmieri: No report. Mr. Lutz: No report. Mr. Tabbot: He announced that on October 5, 2017 at 6:30 p.m. at the Christ Church there will be a Compassion Community Program regarding cyber bullying. There are many organizations involved with this. Flu shots will be given on Thursdays in October. You must call the health department for an appointment. The Rabies Shot Clinic is scheduled for November 4, 2017 at the township garage on Green Pond Road. Chief McParland: On August 13, 2017 the department helped with the UNICO Charity Motorcycle run, and on August 19 th, they participated in the Wounded Warriors workout. They were at the September 1 pep rally and on September 19, 2017 they will participated in the Senior Picnic. The police also participated in the Drive Sober or Get Pulled Over program. On August 30th a call came in for a choking 13 month old not breathing, turning blue. Police Officers, Baeder, Randzio, and Shay responded and began rescue breathing. The baby had peanuts stuck in his throat. The ambulance from St. Clare s came and was able to get the baby to Morristown Memorial where surgery was performed to remove the peanuts. The baby is recuperating. On September 6 th there was a homicide behind Lakeland Bus Company. A press release was issued, however this is an ongoing investigation with the Morris County Prosecutor s office. School is now opened, please drive safely advised the Chief. 18

19 Mr. Sheard: He reported that 90% of the paving is completed. The gas company is milling and paving areas also. They are starting to work on the drainage and gear up for winter. Mr. Knoth: No report. Mr. Garabrant: No report. CLOSED SESSION: - Shared Services Mine Hill Township - QPA A motion was made by Mr. Quinn, seconded by Dr. Gellman to adopt Resolution R Authorizing closed Session for Shared Services Mine Hill Township - QPA. ROLL CALL VOTE: YEA-8 NAY-0ABSENT-1 ABSTAIN-0 RESOLUTION R WHEREAS, the New Jersey Open Public Meetings Act general requires that meetings be open to the public; and WHEREAS, said Act permits a public body to exclude the public only from that portion of a meeting at which the public body discusses one of the following: 1. Any matter which by express provision of Federal Law, State Statute or Rule of Court shall be rendered confidential or excluded from the requirement that public meetings be open to the public. 2. Any matter in which the release of information would impair a right to receive funds from the government of the United States. 3. Any material disclosure of which constitutes an unwarranted invasion of individual privacy unless the individual concerned shall request in writing that the same be discussed publicly. 4. Any collective bargaining agreement or proposals therefore. 5. Any matter involving the purchase, lease or acquisition of real property with public funds, the setting of banking rates for investment of public funds where it could adversely affect the public interest if discussion of such matters were disclosed. 6. Any tactics and techniques utilized in protecting the safety and property of the public, provided that their disclosure could impair such protection. Any investigations of violations or possible violations of the law. 7. Any pending or anticipated litigation or contract negotiation in which the public body is or may become a party. 8. Any matter involving the employment, appointment, termination of employment, terms and conditions of employment, evaluation of the performance of, promotion or disciplining of any current or prospective public officer or employee unless all the individuals affected request in writing that the matter be discussed at a public meeting. 9. Any deliberations of a public body occurring after a public hearing that may result in the imposition of a specific civil penalty upon the responding party as a result of an act of omission for which the responding party bears responsibility. NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Rockaway as follows: 19

20 1. The meeting of September 12, 2017, is closed to the public for the discussion of subject matter which is generally described as follows: Contract Negotiations Shared Services with Mine Hill Township - QPA 2. This portion of the meeting may be properly closed under the New Jersey Open Public Meetings Act in that the body will discuss: Contract Negotiations Shared Services with Mine Hill Township - QPA 3. The matters to be discussed will be disclosed to the public at the following time and under the following circumstances: when matters are concluded. After returning to the regular meeting, a motion was made by Mr. Quinn, seconded by Mr. Berman to approve the shared services agreement with Mine Hill Township for QPA services. ROLL CALL VOTE: YEA-6NAY-0ABSENT-2* ABSTAIN-1 (Jedynak) *Council President Antonelli left after the first portion of the regular meeting. No further business to attend to this meeting, a motion was made by Mr. Quinn, seconded by Mr. Berman to adjourn this meeting at 9:10 p.m. All members were in favor. Respectfully submitted, Susan Best, RMC Township Clerk 20