TOWNSHIP OF ROCKAWAY REGULAR MEETING MARCH 25, 2014 The Regular Meeting of the Township Council of the Township of Rockaway was held on Tuesday, March 25, 2014 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 10, 2014. The Citizen and the Star Ledger were notified in writing. Notice was posted on the official bulletin board of Rockaway Township. Boy Scout Troop 113 led everyone in the salute to the American Flag. Council President Antonelli called for a Moment of Silence for the Coalition Forces Overseas. Present: Mr. Minenna, Mr. Jedynak, Dr. Gellman, Mr. Quinn, Mr. Berman, Mr. Anello, and Council President Antonelli. Absent: Mr. Rogers and Mr. Reddin Present from Administration: Mayor Dachisen, Attorney Iaciofano, Mr. Poff, Mrs. Seger, Mrs. Palmieri, Mr. Lutz, Captain Brennan, and Mr. Fiorilla. PROCLAMATIONS PRESENTED BY MAYOR DACHISEN: A. PROCLAMATION PRESENTED TO DANIEL RUSSO, BOY SCOUT WHO SAVED THE LIFE OF HIS FATHER Mr. Minenna said this proves that the meaning to be prepared means a great deal as this saved Mr. Russo s life. B. PROCLAMATION ROCKAWAY TOWNSHIP S PARTICIPATION IN THE RELAY FOR LIFE OF CENTRAL MORRIS COUNTY Ms. Bonnie Rosenthal accepted the Proclamation and thanked the Mayor for his support. Approval of Minutes of the March 11, 2014, Regular Meeting. A motion was made by Dr. Gellman, seconded by Mr. Quinn to approve minutes from the March 11, 2014 Regular Meeting. Roll Call Vote: YEA 7 NAY - 0 ABSENT 2 ABSTAIN 0 ORDINANCES TO ADOPT ON FINAL READING: A. (O-14-07) AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF ROCKAWAY, 1
CHAPTER XV, SEWER AND WATER, ARTICLE X, WATER RATES AND CHARGES, SECTION 15-58, RATES AND FEES Council President Antonelli opened the meeting to the public for questions and 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. Minenna to adopt Ordinance O-14-07 on second and final reading. Mr. Minenna stated that we have not visited the water rates in 10 year. He does not want to raise taxes but the rate increase is critical. Roll Call Vote: YEA 4 NAY - 3 ABSENT 2 ABSTAIN 0 (Jedynak, Berman, Anello) AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF ROCKAWAY, CHAPTER XV, SEWER AND WATER, ARTICLE X, WATER RATES AND CHARGES, SECTION 15-58, RATES AND FEES ORDINANCE O-14-07 WHEREAS, the Township of Rockaway ( Township ) desires to actively protect and conserve the Township s water aquifer, as well as the region s aquifers; and WHEREAS, in conjunction with such protection and management, the Township desires to amend the water rates and charges in an effort to encourage conservation of water. 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. Section 15-58, Rates and Fees, of the Revised General Ordinances of the Township of Rockaway is hereby amended to reflect an increase in the rates and shall read as follows: 15-58 RATES AND FEES. a. The Water Department of the Township shall charge the following rates consisting of a basic user fee and a consumption water use fee as set forth below: 1. Basic User Fee. (b) Thirty ($30.00) dollars per quarter for meter sizes from five-eighth (5/8") inch, to one and one-quarter (1 1/4") inch water meter with water consumption greater than ten thousand (10,000) gallons per quarter. (c) Sixty ($60.00) dollars per month for all commercial and/or irrigation water accounts and thirty ($30.00) dollars per quarter for residential meters with water meter sizes one and one-half (1 1/2") inch or larger. 2. Consumption Water Use Fee. (a) One dollar and fifteen ($1.15) cents per one thousand (1,000) gallons, up to the first five thousand (5,000) gallons or any part thereof; 1 5,000 gallons. (b) Three dollars and fifteen ($3.15) cents per one thousand (1,000) gallons, for the next five thousand (5,000) gallons in excess of the first five thousand (5,000) gallons or any part thereof; 5,000 10,000 gallons. 2
(c) Six dollars and thirty ($6.30) cents per one thousand (1,000) gallons, for the next five thousand (5,000) gallons in excess of the first ten thousand (10,000) gallons or any part thereof; 10,000 15,000 gallons. (d) Six dollars and sixty ($6.60) cents per one thousand (1,000) gallons, for the next five thousand (5,000) gallons in excess of the first fifteen thousand (15,000) gallons or any part thereof; 15,000 20,000 gallons. (e) Six dollars and ninety ($6.90) cents per one thousand (1,000) gallons, for the next five thousand (5,000) gallons in excess of the twenty thousand (20,000) gallons or any part thereof; 20,000 25,000 gallons. (f) Seven dollars and fifty ($7.50) cents per one thousand (1,000) gallons, for the next five thousand (5,000) gallons in excess of the first twenty-five thousand (25,000) gallons or any part thereof; 25,000 30,000 gallons. (g) Eight dollars and five ($8.05) cents per one thousand (1,000) gallons, for the next five thousand (5,000) gallons in excess of the first thirty thousand (30,000) gallons or any part thereof; 30,000 35,000 gallons. (h) Nine dollars and twenty-five ($9.25) cents per one thousand (1,000) gallons, in excess of the first thirty-five thousand (35,000) gallons or any part thereof; 35,000 gallons and more. SECTION 2. All ordinances of the Township of Rockaway that are inconsistent with the provisions of this ordinance are hereby repealed to the extent of such inconsistency. SECTION 3. If any section, subsection, clause or phrase of this Ordinance is for any reason held to be unconstitutional or invalid by any Court of competent jurisdiction, such decision shall not affect the remaining portion of this Ordinance. SECTION 4. This Ordinance shall take effect upon final passage and approval in accordance with law. Open to the Public: Council President Antonelli opened the meeting to the public. Paul Waldek 119 Highview Terrace He supports alternate side of the street parking for snow removal. He also suggested that during the months of November thru March, the alternate side of the street parking could coincide with odd and even house numbers. He noted that 38 residents signed a petition to amend the snow ordinance. Gloria Stahl 3220 Franklin Lane She is concerned with safety issues for Tiffany s Restaurant, especially the ingress and egress proposed. No one else wishing to be heard, Council President Antonelli closed the meeting to the public. Mayor Dachisen asked the Ordinance Committee to consider the two proposals for snow removal. Mayor Dachisen also advised that the Rockaway Township Planning Board has to hear Tiffany s application again as directed by the Judge. The next meeting on this is scheduled for March 31, 2014 at 7:30 p.m. in Morris Hills high School due to the expected crowd. ORDINANCE TO INTRODUCE: 3
A. (O-14-08) AN ORDINANCE AMENDING CHAPTER VII, TRAFFIC, SECTION 7-51 ROCKAWAY TOWNSQUARE MALL RETAIL AND OFFICE AREA, SUBSECTION 7-51.2 PARKING OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF ROCKAWAY A motion was made by Dr. Gellman, seconded by Mr. Quinn to introduce Ordinance O-14-08 on first reading. Roll Call Vote: YEA 7 NAY - 0 ABSENT 2 ABSTAIN 0 Consent Agenda: Resolutions: A. *(R-14-68) A RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS B. (R-14-69) REDEMPTION OF TAX TITLE LIEN #13-056 12 S. SUNNYSIDE ROAD C. (R-14-70) REDEMPTION OF TAX TITLE LIEN #11-004 60 SUNNY HILL ROAD D. (R-14-71) REDEMPTION OF TAX TITLE LIEN #13-031 9 DARLINGTON DRIVE E. (R-14-72) REDEMPTION OF TAX TITLE LIEN #11-071 9 COLLEEN COURT F. (R-14-73) SELF-EXAMINATION OF BUDGET RESOLUTION G. (R-14-74) AUTHORIZING THE AWARD OF A CONTRACT TO A.C. SCHULTES, INC. FOR EQUIPMENT REPLACEMENT OF FOX HILLS WELLS 11, 12, 13, & 14 IN THE TOTAL BID AMOUNT OF $66,500.00 FIREFIGHTERS: ERIC MEYERHOFF, SEBASTIAN BRUZDA, THOMAS GROHOWSKI, AND STEPHEN SPERRY JUNIOR FIREMEN S AUXILIARY: NONE * * * END OF CONSENT AGENDA * * * * Resolution R-14-68 was removed from the Consent Agenda as it is not needed due to revised calculations from the State. The State reduced our pension obligations for FY 2014, however, they increased the amount that was due during the years 2009 thru 2012. The 2014 Municipal Budget that was introduced will be amended to reflect a reduction before the final vote is taken on the budget. A motion was made by Dr. Gellman, seconded by Mr. Quinn to approve all of the items listed on the Consent Agenda with the exception of R-14-68. Roll Call Vote: YEA 7 NAY - 0 ABSENT 2 ABSTAIN 0 4
RESOLUTION # R-14-69 REDEMPTION OF TAX TITLE LIEN #13-056 WHEREAS, the Tax Collector s Office has received payment for redemption of Tax Title Lien #13-056 on BLOCK 30604 LOT 003 known as: 12 S. SUNNYSIDE RD.. In the name of: SCIMECA. WHEREAS, reimbursement is now required to be made to the following Lien Holder, INVESTA (C1) SPE-NJ, LLC 2020 HOWELL MILL ROAD NW, SUITE C-513 ATLANTA, GA 30318 From Tax Lien Redemption Account, Lien, Penalty, Interest and Costs: TAX TITLE LIEN: $11,769.29 PREMIUM: $30,000.00 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 $41,769.29 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-14-70 REDEMPTION OF TAX TITLE LIEN #11-004 WHEREAS, the Tax Collector s Office has received payment for redemption of Tax Title Lien #11-004 on BLOCK 10402 LOT 071.08 known as: 60 Sunny Hill Rd. In the name of: Landmark Homes LLC. WHEREAS, reimbursement is now required to be made to the following Lien Holder, JOHN LUKIN 11 DORIAN ROAD BOONTON, NJ 07005 From Tax Lien Redemption Account, Lien, Penalty, Interest and Costs: TAX TITLE LIEN: $209.86 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 $209.86 made Payable to: "ABOVE LIEN HOLDER" 5
BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded to the Township Treasurer. RESOLUTION # R-14-71 REDEMPTION OF TAX TITLE LIEN #12-031 WHEREAS, the Tax Collector s Office has received payment for redemption of Tax Title Lien #12-031 on BLOCK 31101 LOT 081.16 known as: 9 DARLINGTON DR. In the name of: STAUB. WHEREAS, reimbursement is now required to be made to the following Lien Holder, US BANK CUST. FOR ARQUE TAX RECEIVABLE FUND 50 SOUTH 16 TH ST SUITE 1950 PHILADELPHIA, PA 19102 From Tax Lien Redemption Account, Lien, Penalty, Interest and Costs: TAX TITLE LIEN: $68,751.48 PREMIUM: $17,000.00 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 $85,751.48 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-14-72 REDEMPTION OF TAX TITLE LIEN #11-071 WHEREAS, the Tax Collector s Office has received payment for redemption of Tax Title Lien #11-071 on BLOCK 40801 LOT 142.05 known as: 9 COLLEEN CT. In the name of: RJN CONTRACTING LLC. WHEREAS, reimbursement is now required to be made to the following Lien Holder, FRANK J FESTA JR. P.O. BOX 97 SCOTCH PLAINS, NJ 07076-0097 From Tax Lien Redemption Account, Lien, Penalty, Interest and Costs: TAX TITLE LIEN: $36,235.66 PREMIUM: $0.00 6
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 $36,235.66 made Payable to: "ABOVE LIEN HOLDER" BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded to the Township Treasurer. R-14-73 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.5:30-7.2 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 2014 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 proceeding 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:4-45.2 and appropriations for exceptions to limits on appropriations found at 40A:4-45.3 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 5:30-5. 4. That pursuant to the Local Budget Law: 7
a. All estimates of revenue are reasonable, accurate and correctly stated. b. Items of appropriation are properly set forth. 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. RESOLUTION 14-74 AUTHORIZING THE AWARD OF A CONTRACT TO A.C. SCHULTES, INC. FOR EQUIPMENT REPLACEMENT OF FOX HILLS WELLS 11, 12, 13, & 14 IN THE TOTAL BID AMOUNT OF $66,500.00 WHEREAS, the Township of Rockaway ("Township") duly sought bids for the Equipment Replacement of Fox Hills Wells 11, 12, 13, & 14 pursuant to bid specifications W-2-13; and WHEREAS, four sealed bids were received and opened by the Township on March 6, 2014; and WHEREAS, MBT Contracting LLC (MBT) submitted a bid in the amount of $48,010.38; and, A.C. Schultes, Inc. (Schultes) submitted a bid in the amount of $66,500.00; and, Samuel Stothoff Company submitted a bid in the amount of $ 68,136.00; and Rinbrand Well Drilling Company Inc. (Rinbrand) submitted a bid in the amount of $131,690.00; and WHEREAS, project engineer John Black (Black), P.E. s March 7, 2014 electronic mail transmitted to the owner of MBT and his March 13, 2014 electronic mail transmitted to the Township Attorney set forth facts which indicated that MBT s bid should be disqualified, which disqualification had been recommended in writing dated March 7, 2014 by Robert Sheard (Sheard); and WHEREAS, both Sheard and Black have recommended the Award of the Contract to Schultes; and WHEREAS, by letter dated March 14, 2014, Counsel for the Township has indicated that August C. Schultes IV is authorized to execute the bid and associated documents on behalf of Schultes, that Schultes bid documents are in order, and that the Contract should be awarded to A.C. Schultes, Inc. as the lowest responsive and responsible bidder; and 8
WHEREAS, the Township is in receipt of confirmation from Schultes that August C. Schultes IV is authorized to execute the bid proposal and associated documents on behalf of Schultes; and WHEREAS, the Township desires to authorize the award of the Contract to Schultes as the lowest responsive and responsible bidder for a total contract price of $66,500.00. 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 Equipment Replacement of Fox Hills Wells 11, 12, 13, & 14 pursuant to bid specifications W-2-13 for the total bid price of Sixty Six Thousand Five Hundred Dollars ($66,500.00) is hereby awarded to A.C. Schultes, Inc. as the lowest responsive and responsible bidder. 2. The Mayor and Township Clerk are hereby authorized and directed to execute the contract subsequent to execution by Schultes, 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 and with the submission of all documents to the Township required by the bid specifications. 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. REPORTS: Mr. Minenna: He is proud of the Boy Scouts. Mr. Jedynak: He wished everyone a Happy Spring. Dr. Gellman: All is well in Ward 4. He reminded all that there is an Ordinance Committee meeting tomorrow night. Mr. Berman: Last week he attended the Rockaway Township Substance Abuse Alliance meeting. He was very impressed. There were many people in attendance trying to bring out awareness of drug abuse. On April 27, 2014 Applebee s will have a breakfast fundraiser to support the Rockaway Township Substance Abuse Alliance. He encouraged all to attend. Mr. Quinn: All is well in Ward 2. Mr. Anello: He reported that the Library approved their budget. They will cut some unnecessary consulting positions and eliminate a full time position. The Union reached an agreement regarding furloughs. They will cut some summer hours and close earlier on Thursdays. This will have no negative impact on residents. Regarding repairs on Savage Road, he thanked Mr. Poff for communicating with the County and the Railroad. He hopes that this will be taken care of by soon. Our road 9
department has been doing patch work there trying to temporarily fix this large pothole. This is the railroad s responsibility. Council President Antonelli would like to see concrete there as they did in the northern part of the Township. Mr. Lutz said there is a proposal to do just that. Council President Antonelli: He hopes the snow storm does not hit us; and wishes for warmer weather soon. Mayor Dachisen: He too hopes we do not get any snow. Attorney Iaciofano: The Ordinance Committee will meet tomorrow evening to discuss ordinances on retail hours, clothing bins and parking on streets when it snows. Mr. Poff: There will be a Department of Transportation Public meeting regarding the interchange improvement project on Route 80 and Route 15. This meeting is scheduled for Wednesday, April 9, 2014 from 6:00 p.m. to 8:00 p.m. This will be held at the Dennis B. O Brien School. Mr. Quinn notified him that the DARE Graduation is that same evening. He will, along with Mr. Lutz, will meet with the Department of Transportation regarding Route 15 and Pondview Estates improvements. There are many outstanding matters regarding the road opening jurisdiction, the utility plans and who is responsible for the road improvement. Mr. Minenna asked Mr. Poff to ask why there are no signs on Route 80 that no trucks are to be allowed in the left lane on Route 80 as previously agreed upon. Mrs. Seger: No report. Mr. Lutz: No report. Mrs. Palmieri: She reported that the Treasurer s and Tax Assessor s report were sent electronically to the governing body. She urged anyone with questions to contact her. Mr. Fiorilla: On April 3, 2014 there will be a public meeting regarding the clean-up of the Lake Denmark site with the EPA which will begin at 7:30 p.m. This meeting will be held at the Municipal Building. Captain Brennan: No report. No further business to attend to this meeting, a motion was made by Dr. Gellman, seconded by Mr. Quinn to adjourn this meeting at 8:11 p.m. Said motion was unanimously passed. Respectfully submitted, Susan Best, RMC Township Clerk 10
11
12