TOWNSHIP OF ROCKAWAY REGULAR MEETING MARCH 27, 2012

TOWNSHIP OF ROCKAWAY REGULAR MEETING MARCH 27, 2012 The Township Council of the Township of Rockaway held their Regular Meeting on March 27, 2012 and began at 7:30 p.m. in the Municipal Building, 65 Mt. Hope Road, Rockaway Township, County of Morris, State of New Jersey. President Dachisen 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 Citizen of Morris County on January 11, 2012. The Officials and Members of the Public were led in Pledging Allegiance to the Flag of the United States of America by President Dachisen. Present: Mr. Minenna, Mr. DiMaria, Mr. Rogers (arrived late), Dr. Gellman, Mr. Berman, Mr. Anello, Mr. Antonelli, and President Dachisen. Absent: Mr. Quinn Present from Administration: Mayor Sceusi, Attorney Buzak, Mr. Poff, Mrs. Palmieri, Mr. Fiorilla, Mr. Hollenbeck, Mr. Mason, Mr. Tabbot, Mr. Babcock, and Captain Brennan. President Dachisen called for a moment of silence for our Coalition Forces Overseas. MAYOR SCEUSI presented Proclamations to Sam Hardy and Mason Lucas for their outstanding musical achievements. They were chosen January Percussion Student of the Month and February Pianist Student of the Month respectively. Mayor Sceusi stated it was an honor to have them excel and to represent Rockaway Township. APPROVAL OF MINUTES: Dr. Gellman moved that the minutes of the March 6, 2012 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. DiMaria. Roll Call Vote: YEA-7 NAY-0 ABSENT-2 ABSTAIN-0 ORDINANCES TO ADOPT A. Ordinance 12-04 Amending the Revised General Ordinances of the Township of Rockaway, Chapter VII, Traffic, Article I, On-Street Traffic Regulations, Section 7-6.7 to Eliminate the Parking Restrictions Placed on Daniel Street 1

A motion was made by Dr. Gellman, seconded by Mr. DiMaria to adopt Ordinance O-12-04 on second and final reading. Council President Dachisen opened the meeting to the public for questions or comments on this ordinance only. No one wishing to be heard, Council President Dachisen closed the meeting to the public. ROLL CALL VOTE: YEA-7 NAY-0 ABSENT-2 ABSTAIN-0 ORDINANCE NO. 12-04 AMENDING THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF ROCKAWAY, CHAPTER VII, TRAFFIC, ARTICLE I, ON-STREET TRAFFIC REGULATIONS, SECTION 7-6.7 TO ELIMINATE THE PARKING RESTRICTIONS PLACED ON DANIEL STREET WHEREAS, pursuant to Section 7-6.7, Parking prohibited at all time on certain streets, of the Revised General Ordinances of the Township of Rockaway, parking is prohibited at all times on Daniel Street from Taylor Street to Highview Terrace, from Highview Terrace to Michael Court, and from Highview Terrace to 200 feet above Robert Street; and WHEREAS, the Township of Rockaway ("Township") desires to amend the ordinances of the Township to eliminate the restriction prohibiting parking on Daniel Street; and WHEREAS, pursuant to N.J.S.A. 39:4-8b and N.J.S.A. 39:4-197(1)f, the Township may restrict parking on any street under municipal jurisdiction without the approval of the Commissioner of Transportation. 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 7-6.7, Parking Prohibited at all Times on Certain Streets, of the Revised General Ordinances of the Township of Rockaway is hereby amended to eliminate the restriction prohibiting parking on Daniel Street. 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. B. Ordinance 12-05 Amending and Supplementing Chapter II, Administrative Code, Article V, Organization of Township Government, Section 2-6, Structure, Subsection 2-6.2 Departments Established, of the Revised General Ordinances of the Township of Rockaway A motion was made by Dr. Gellman, seconded by Mr. Minenna to adopt Ordinance O-12-05 on second and final reading. 2

Council President Dachisen opened the meeting to the public for questions or comments on this ordinance only. No one wishing to be heard, Council President Dachisen closed the meeting to the public. ROLL CALL VOTE: YEA-7 NAY-0 ABSENT-2 ABSTAIN-0 ORDINANCE NO. 12-05 AMENDING AND SUPPLEMENTING CHAPTER II, ADMINISTRATIVE CODE, ARTICLE V, ORGANIZATION OF TOWNSHIP GOVERNMENT, SECTION 2-6, STRUCTURE, SUBSECTION 2-6.2, DEPARTMENTS ESTABLISHED, OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF ROCKAWAY WHEREAS, N.J.S.A. 40:48-2 permits a municipality to make and amend an ordinance as it may deem necessary and proper for good government, order, and protection of persons and property, and for the preservation of the public health, safety and welfare of the municipality and its inhabitants; and WHEREAS, on July 5, 2011, the Township of Rockaway ( Township ) adopted Ordinance 11-10 entitled Amending and Supplementing Chapter II, Administrative Code, Article VI, Departments, and Article VIII, Boards, Commissions and Committees, of the Revised General Ordinances of the Township of Rockaway, revising the Departments within the Township; and WHEREAS, the Township desires to amend the list of departments set forth in subsection 2-6.2 entitled Departments Established, so as to be consistent with the revisions set forth in Ordinance 11-10. 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. Chapter II, Administrative Code, Article V, Organization of Township Government, Section 2-6, Structure, Subsection 2-6.2, Departments Established, of the Revised General Ordinances of the Township of Rockaway is hereby amended to read as follows: 2-6.2 Departments Established. a. Department of Administration b. Department of Community Services c. Department of Finance d. Department of Public Works and Utilities e. Police Department f. Department of Fire g. Department of Engineering, Planning and Construction 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. 3

SECTION 4. This Ordinance shall take effect upon final passage and approval in accordance with law. C. Ordinance 12-06 Ordinance to Exceed the Municipal Budget Appropriation Limits and to Establish a CAP Bank A motion was made by Mr. DiMaria, seconded by Mr. Minenna to adopt Ordinance O-12-06 on second and final reading. Council President Dachisen opened the meeting to the public for questions or comments on this ordinance only. No one wishing to be heard, Council President Dachisen closed the meeting to the public. ROLL CALL VOTE: YEA-7 NAY-0 ABSENT-2 ABSTAIN-0 ORD. 12 06 ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A: 4-45.14) WHEREAS, the Local Government Cap Law, N.J.S. 40A: 4-45.1 et seq., provides that in the preparation of its annual budget, a municipality shall limit any increase in said budget up to 2.5 % 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: 4-45.15a 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 2012 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 $265,647.55 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 2012 budget year, the final 4

appropriations of the Township of Rockaway shall, in accordance with this ordinance and N.J.S.A. 40A: 4-45.14, be increased by 3.5% amounting to $929,766.43 and that the CY 2012 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. D. Ordinance 12-07 Chapter II, Administrative Code, Article VIII, Boards, Commissions and Committees, Section 2-38, Youth Sports Code of Conduct, and Section 2-40, Citizen s Recreation Committee of the Revised General Ordinances of the Township of Rockaway A motion was made by Dr. Gellman, seconded by Mr. Minenna to adopt Ordinance O-12-07 on second and final reading. Council President Dachisen opened the meeting to the public for questions or comments on this ordinance only. No one wishing to be heard, Council President Dachisen closed the meeting to the public. ROLL CALL VOTE: YEA-7 NAY-0 ABSENT-2 ABSTAIN-0 ORDINANCE NO. 12-07 AMENDING AND SUPPLEMENTING CHAPTER II, ADMINISTRATIVE CODE, ARTICLE VIII, BOARDS, COMMISSIONS AND COMMITTEES, SECTION 2-38, YOUTH SPORTS CODE OF CONDUCT, AND SECTION 2-40, CITIZEN'S RECREATION COMMITTEE OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF ROCKAWAY WHEREAS, the Township of Rockaway ("Township") desires to amend Section 2-38, Youth Sports Code of Conduct Committee, and Section 2-40, Citizen's Recreation Committee, of the Revised General Ordinances of the Township of Rockaway to provide that the Township Citizen's Recreation Committee shall serve as the Youth Sports Code of Conduct Committee and to replace any references to the Department of Parks and Recreation with the Department of Community Services. 5

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. Chapter II, Administrative Code, Article VIII, Boards, Commissions and Committees, Section 2-38, Youth Sports Code of Conduct, subsection 2-38.3, Youth Sports Code of Conduct Committee, of the Revised General Ordinances of the Township of Rockaway shall be amended to read as follows: 2-38.3 Youth Sports Code of Conduct Committee. a. The Township Citizen's Recreation Committee shall serve as the Youth Sports Code of Conduct Committee ("Committee"). b. The Committee shall be charged with enforcing the provisions of this Section 2-38 entitled Youth Sports Code of Conduct. SECTION 2. Chapter II, Administrative Code, Article VIII, Boards, Commissions and Committees, Section 2-38, Youth Sports Code of Conduct, subsection 2-38.5, Violation Procedures and Hearings, of the Revised General Ordinances of the Township of Rockaway shall be amended to delete "Department of Parks and Recreation" throughout the entire subsection and replace it with "Department of Community Services" throughout the entire subsection. SECTION 3. Chapter II, Administrative Code, Article VIII, Boards, Commissions and Committees, Section 2-40, Citizen's Recreation Committee, subsection 2-40.1, Committee Membership; Meetings, of the Revised General Ordinances of the Township of Rockaway shall be supplemented with the addition of paragraph i, which shall read as follows: i. The Citizen's Recreation Committee shall serve as the Youth Sports Code of Conduct Committee and in that capacity shall be responsible for enforcing the Youth Sports Code of Conduct ordinance, Section 2-38. SECTION 4. 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 5. 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 6. This Ordinance shall take effect upon final passage and approval in accordance with law. E. Ordinance 12-08 Ordinance Amending Chapter XIII, Fire Prevention, Section 13-1, Uniform Fire Safety Act, Subsection 13-1.6, Appointments; Term of Office; Removal, of the Revised Ordinances of the Township of Rockaway A motion was made by Dr. Gellman, seconded by Mr. Minenna to adopt Ordinance O-12-08 on second and final reading. Council President Dachisen opened the meeting to the public for questions or comments on this ordinance only. No one wishing to be heard, Council President Dachisen closed the meeting to the public. 6

ROLL CALL VOTE: YEA-7 NAY-0 ABSENT-2 ABSTAIN-0 ORDINANCE NO. 12-08 ORDINANCE AMENDING CHAPTER XIII, FIRE PREVENTION, SECTION 13-1, UNIFORM FIRE SAFETY ACT, SUBSECTION 13-1.6, APPOINTMENTS; TERM OF OFFICE; REMOVAL, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF ROCKAWAY WHEREAS, the Township of Rockaway ( Township ) desires to amend Chapter XIII, Fire Prevention, Section 13-1, Uniform Fire Safety Act, Subsection 13-1.6, Appointments; Term of Office; Removal, of the Revised Ordinances of the Township of Rockaway so as to be consistent with N.J.A.C. 4A:4-1.1 et seq. NOW, THEREFORE, BE IT ORDAINED by the Governing Body of the Township of Rockaway, County of Morris, State of New Jersey as follows: SECTION 1. Chapter XIII, Fire Prevention, Section 13-1, Uniform Fire Safety Act, Subsection 13-1.6, Appointments; Term of Office; Removal, of the Revised Ordinances of the Township of Rockaway is hereby amended to read as follows: 13-1.6 Appointments; Term of Office; Removal. a. Appointment of Fire Official. There shall be a Fire Official appointed in accordance with N.J.A.C. 4A:4-1.1 et seq. b. Inspectors. Such inspectors as may be necessary in the local enforcing agency shall be appointed by the Appointing Authority upon the recommendation of the Fire Official. c. Removal from Office. Inspectors of the enforcing agency shall be subject to removal by the Appointing Authority upon the concurrence of the Fire Official for inefficiency or misconduct. Each inspector to be removed shall be afforded an opportunity to be heard by the Township Council. SECTION 2. 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 Ordinance. SECTION 3. All ordinances of the Township of Rockaway which are inconsistent with the provisions of this Ordinance are hereby repealed as to the extent of such inconsistency. SECTION 4. 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 5. This Ordinance shall take effect immediately upon final passage, approval and publication as provided by law. OPEN TO THE PUBLIC: President Dachisen opened the meeting to the public requesting that those that wish to be heard, come forward stating their name and address. 7

Qing Liu, 322 Richard Mine Road, Rockaway: She introduced herself and advised that she was originally from China and came to America in 1996. She got interested in the Performing Arts Dancing Company. This activity associated her with the past and the diverse culture of different regions and groups. This is beautiful and appreciated by everyone. She stated that the United States of America gives every culture an opportunity to be connected by art. There will be performances in April at Lincoln Center in New York City and she urged all to attend and experience this. Carol Paez, 34 Valley Road, Rockaway: Regarding Southard Salvage, she appreciates the action of the Police Department watching the traffic and there was little noise for a few weeks. Once the police left the area, all the problems have returned. She asked what action is being taken by the township to correct this problem. She is also concerned about pollution. Kim Brennan, 6 Stone Ridge Court, Rockaway: Regarding Southard Salvage, she also stated the police presence made a difference while they were there, however once they left, truck began zooming down the road again. She complained about the noise, the narrow road and the great number of trucks. She asked if there is an ordinance regulating the times the owner is allowed to operate his business. She advised that she contacted the DEP and the Highlands. She is waiting for a reply from them. She would like to see a crossing guard at this area to help with the safety of the children going to school. Robert Walter, 5 Valley Road, Rockaway: He stated that the problems at Southard Salvage have been going on a long time. He wants the Township to issue a cease and desist order. He was threatened today by the owner. He filed a police report and tomorrow he is going to the County Prosecutor s office. He feels that this business is costing the Township a lot of money. They are destroying the roads, they expanded illegally and stated the longer the township waits to do something, the more costly it will be to correct. He asked why the Township is not doing anything. Michele Slootmaker, 3 Valley Road, Rockaway: She wants the hours of Southard Salvage to be restricted. She also remarked that while the police were there, things improved, now they are bad again. She is worried about safety issues with the massive trucks going down the narrow road, the noise level and the pollution. Mary Vaucher, 10 Split Rock Road, Boonton: She complained about the ATV s in Split Rock stating they are not allowed, but they are there. They go up driveways then thru the woods to get there. She asked about the expansion of the parking lot and stated she had reviewed the plans. She asked who approached whom, DEP or Township, to change this. No one else wishing to be heard, President Dachisen closed the meeting to the public. Regarding the question on Split Rock, Mr. Poff advised that there will be dam remediation work done and the road will be closed approximately 6-8 months. This will be on the West side. The new plans show limited access during construction. President Dachisen suggested that this should be closed down completely during construction. Mr. Fiorilla stated that the majority of the parking lot will not be impacted. Mr. Mason added that there will be a temporary fence there 8

during construction. There will be emergency access for the fire department, if needed. Mr. Anello noted that there is some non-passive activity there with a large amount of ATVs. He wants Jersey City to patrol this area more often. Mayor Sceusi advised that we will contact the State regarding this. It was noted that in this area, there is no trespassing. President Dachisen asked for an update on Southard Salvage. Mr. Poff stated that the Construction Official has issued notices of violation. He has been in contact with their architect. An application to the Zoning Board of Adjustment is due to be submitted by them. The Zoning Officer is concerned about the expansion of the building and the use of the business on the residential lot. They have been directed to re-locate back to the commercial lot. Regarding the request for cease and desist, Attorney Buzak explained the process. A violation notice has been issued and they must file an application to the Zoning Board of Adjustment. The municipality cannot do anything while the application process is going on. If denied by the Zoning Board of Adjustment, the municipality can issue penalties. The burden is on the owner to show that he is within the approvals put in place years ago. Mr. Poff added that the documentation on this is hard to find as the use of the property has been for a long time. He urged all the residents with concerns to review the application of Southard once they file and to attend the hearing at which time, they can state their issues. The noise level was tested and it did not exceed the ordinance limit. Mr. Tabbot informed everyone that one of his staff members took a course to be certified in noise levels. They are awaiting for her to become certified, then he will send her to this site early in the morning. He contacted the DEP and the Morris County Health Management. They went to this site. The Morris County Health Management issued notices of violations. Mr. Antonelli asked the police department to put the counter there to determine the amount of traffic. Mr. Minenna stated he understood the residents frustration but the process to correct is not fast. Mr. Anello stated that the junk yard changed to a salvage yard and then to a metal recycling center. ORDINANCES TO INTRODUCE: A. Ordinance 12-09 Ordinance Amending Chapter II, Administrative Code, Article VI, Departments, Section 2-16, Department of Fire, Subsection 2-16.1, Department Established; Appointment of Director, of the Revised Ordinances of the Township of Rockaway A motion was made by Mr. Minenna, seconded by Dr. Gellman to introduce Ordinance 12-09 on first reading. ROLL CALL VOTE: YEA-8 NAY-0 ABSENT-1 ABSTAIN-0 B. Ordinance 12-10 Amending chapter XXVI, Personnel, of the Revised General Ordinances of the Township of Rockaway to Delete Section 26-8, Use of Municipally Owned Vehicles, in its Entirety A motion was made by Mr. DiMaria, seconded by Dr. Gellman to introduce Ordinance 12-10 on first reading. 9

ROLL CALL VOTE: YEA-8 NAY-0 ABSENT-1 ABSTAIN-0 CONSENT AGENDA: RESOLUTIONS: A. (R-12-53) Authorizing the Award of a Contract to Bollinger Insurance for the Township s Prescription Plan for the Period of April 1, 2012 Through March 31, 2013 B. (R-12-54) Redemption of Tax Title Lien #11-053 C. (R-12-55) Redemption of Tax Title Lien #11-011 D. (R-12-56) Redemption of Tax Title Lien #11-007 E. (R-12-57) Redemption of Tax Title Lien #11-063 F. (R-12-58) Redemption of Tax Title Lien #11-047 G. (R-12-59) Resolution Establishing Sanitary Sewer Maintenance Fee for Single Family Residential Dwellings H. (R-12-60) Resolution Authorizing the Township of Rockaway to Make Application for an Association of New Jersey Environmental Commissions Sustainable Land Use Planning Grant I. (R-12-61) Authorizing the Execution of a Developer s Agreement Between the Township of Rockaway and Christ Church for Property Known as Block 22203, Lots 2 & 3, Rockaway, New Jersey (140 Green Pond Road) J. (R-12-62) Authorizing Reciprocal Licensed Water and Wastewater Operator Coverage between the Township of Rockaway and Rockaway Borough FIREFIGHTERS: None JUNIOR FIREMEN S AUXILIARY: None A motion was made by Dr. Gellman, seconded by Mr. Minenna to approve all of the above items. Roll Call Vote: YES-8 NAY-0 ABSENT-1 ABSTAIN-0 RESOLUTION NO. R-12-53 AUTHORIZING THE AWARD OF A CONTRACT TO BOLLINGER INSURANCE FOR THE TOWNSHIP S PRESCRIPTION PLAN FOR THE PERIOD OF APRIL 1, 2012 THROUGH MARCH 31, 2013 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, 2012; 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, 2012 through March 31, 2013; and 10

WHEREAS, Mr. Edwards solicited quotes from BeneScript Services Incorporated, Bene Card Services Incorporated, Insurance Design Administrators and Monumental Life through Bollinger Insurance; and WHEREAS, the lowest quote that offered similar benefits to the current plans, as well as variations that may be more suitable to the goals and objectives of the Township was received from Monumental Life, through Bollinger Insurance, resulting in an increase in the premium of 8.1 percent ($122,716.00); and WHEREAS, said contract for a Township prescription plan (health insurance) may be retained without competitive bidding pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11-5(1)(m); and WHEREAS, due to Monumental Life s competitive pricing and long history providing outstanding service to the Township, the Township has agreed to renew its contract with Monumental Life for the Township's prescription plan for the period of April 1, 2012 through March 31, 2013 with a premium increase of only 8.1 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, 2012 through March 31, 2013 at a total cost of $1,566,456.00, an 8.1 percent ($122,716.00) premium increase from last year. 2. The contract with said insurance company is for insurance (prescription plan) and 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. 52:32-44. 4. 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. 17:27. 5. 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 # R-12-54 REDEMPTION OF TAX TITLE LIEN #11-053 WHEREAS, the Tax Collector s Office has received payment for redemption of Tax Title Lien #11-053 on BLOCK 21301 LOT 058 known as 45 SHAWNEE AVE.. in the name of VEMAN. WHEREAS, reimbursement is now required to be made to the following Lien Holder, MTAG SERVICES CUST/FOR ATCF II NJ LLC PO BOX 54292 NEW ORLEANS, LA 70154-4292 From Tax Lien Redemption Account, Lien, Penalty, Interest and Costs 11

TAX TITLE LIEN: $711.34 PREMIUM: $200.00 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 $911.34 made payable to: "ABOVE LIEN HOLDER" BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded to the Township Treasurer. RESOLUTION # R-12-55 REDEMPTION OF TAX TITLE LIEN #11-011 WHEREAS, the Tax Collector s Office has received payment for redemption of Tax Title Lien #11-011 on BLOCK 10902 LOT 013 known as 74 NORTH ST. in the name of BRENNAN. WHEREAS, reimbursement is now required to be made to the following Lien Holder, MTAG SERVICES CUST/FOR ATCF II NJ LLC PO BOX 54292 NEW ORLEANS, LA 70154-4292 From Tax Lien Redemption Account, Lien, Penalty, Interest and Costs TAX TITLE LIEN: $340.41 PREMIUM: $100.00 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 $440.41 made payable to: "ABOVE LIEN HOLDER" BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded to the Township Treasurer. RESOLUTION # 12-56 REDEMPTION OF TAX TITLE LIEN #11-007 WHEREAS, the Tax Collector s Office has received payment for redemption of Tax Title Lien #11-007 on BLOCK 10718 LOT 008 known as 271 MT HOPE AVE. in the name of PARRADO. WHEREAS, reimbursement is now required to be made to the following Lien Holder, MTAG SERVICES CUST/FOR ATCF II NJ LLC PO BOX 54292 NEW ORLEANS, LA 70154-4292 From Tax Lien Redemption Account, Lien, Penalty, Interest and Costs 12

TAX TITLE LIEN: $2,736.49 PREMIUM: $500.00 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 $3,236.49 made payable to: "ABOVE LIEN HOLDER" BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded to the Township Treasurer. RESOLUTION # 12-57 REDEMPTION OF TAX TITLE LIEN #11-047 WHEREAS, the Tax Collector s Office has received payment for redemption of Tax Title Lien #11-047 on BLOCK 21002 LOT 023 known as 3 COMANCHE AVE. in the name of WOOD. WHEREAS, reimbursement is now required to be made to the following Lien Holder, FRANK J FESTA JR. PO BOX 97 SCOTCH PLAINS, NJ 07076-0097 From Tax Lien Redemption Account, Lien, Penalty, Interest and Costs TAX TITLE LIEN: $343.96 PREMIUM: $100.00 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 $443.96 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-12-58 REDEMPTION OF TAX TITLE LIEN #11-047 WHEREAS, the Tax Collector s Office has received payment for redemption of Tax Title Lien #11-047 on BLOCK 21002 LOT 023 known as 3 COMANCHE AVE. in the name of WOOD. WHEREAS, reimbursement is now required to be made to the following Lien Holder, FRANK J FESTA JR. PO BOX 97 SCOTCH PLAINS, NJ 07076-0097 From Tax Lien Redemption Account, Lien, Penalty, Interest and Costs TAX TITLE LIEN: $343.96 PREMIUM: $100.00 13

NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of Rockaway, County of Morris, State of New Jersey that the Township Treasurer is authorized to prepare a check in the amount of $443.96 made RESOLUTION ESTABLISHING SANITARY SEWER MAINTENANCE FEE FOR SINGLE FAMILY RESIDENTIAL DWELLINGS RESOLUTION R-12-59 WHEREAS, Chapter 15-29 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 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: fee shall be $199.00. 1. The single family residential dwelling sanitary sewer maintenance employees of the Township are hereby authorized to take all steps necessary to effectuate the purposes of the Resolution. 2. The Mayor and Clerk together with officers and the appropriate 3. This Resolution shall take effect immediately. 14

R-12-60 RESOLUTION AUTHORIZING THE TOWNSHIP OF ROCKAWAY TO MAKE APPLICATION FOR AN ASSOCIATION OF NEW JERSEY ENVIRONMENTAL COMMISSIONS SUSTAINABLE LAND USE PLANNING GRANT WHEREAS, the Township Council of the Township of Rockaway, County of Morris, State of New Jersey has recognized the need to develop an Update to the Open Space and Recreation Plan; and WHEREAS, the Association of New Jersey Environmental Commissions (ANJEC), provides fifty (50%) percent matching grants up to fifteen thousand ($15,000) dollars to municipalities for local plans that protect natural resources and establish the land use pattern envisioned in the State Plan; and WHEREAS, the preparation of an Updated Open Space and Recreation Plan is a suitable project under this grant program; and WHEREAS, after due deliberation and consultation the Township Council of the Township of Rockaway has determined that it is in the interests of the Township to make such application; and WHEREAS, the ANJEC grant request in the amount of $7,500 will be matched in the amount of $7,500 by the Township utilizing existing funds from the Open Space Trust Fund. NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of Rockaway, County of Morris, State of New Jersey, that the Township Council desires to further the public interest by submitting a grant application for the Association of New Jersey Environmental Commissions (ANJEC) Sustainable Land Use Planning Grant to fund the following project: Updated Open Space and Recreation Plan for the Township of Rockaway. RESOLUTION NO.12-61 AUTHORIZING THE EXECUTION OF A DEVELOPER'S AGREEMENT BETWEEN THE TOWNSHIP OF ROCKAWAY AND CHRIST CHURCH FOR PROPERTY KNOWN AS BLOCK 22203, LOTS 2 & 3, ROCKAWAY, NEW JERSEY (140 GREEN POND ROAD) WHEREAS, Christ Church ("Developer") Developer received Preliminary and Final Site Plan Approval with associated variances and waivers for the construction of a place of worship, school, offices, and other ancillary uses on property known as Block 22203, Lots 2 and 3 on the Official Tax Map of the Township of Rockaway ("Property") as fully described in the Resolution of the Rockaway Township Planning Board, dated February 5, 2007; and WHEREAS, on March 16, 2009, the Developer obtained approval from the Rockaway Township Planning Board to, among other things, install the traffic light and construct any and all roadway improvements on Green Pond Road prior to the build-out of the Development ("Development"); and WHEREAS, the Developer is required to enter into a Developer's Agreement with the Township of Rockaway setting forth the rights, duties and obligations of the parties in connection with the Development; and WHEREAS, there has been prepared a Developer's Agreement by and between the Developer and the Township of Rockaway ("Township") dated March 20, 2012; and 15

WHEREAS, the Township desires to authorize the execution of the Developer's Agreement subsequent to its execution by the Developer. NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Rockaway, County of Morris, State of New Jersey, they being the Governing Body thereof as follows: 1. All the terms and conditions of a certain Developer's Agreement dated May 20, 2012 by and between the Township of Rockaway and the Developer are hereby approved, ratified and confirmed by the Township of Rockaway. 2. The Mayor and Clerk are hereby authorized to execute said Developer's Agreement subsequent to the execution by the Developer and together with other appropriate officers and employees of the Township are hereby authorized to take all steps necessary to effectuate the purposes of this Resolution. 3. The Township hereby authorizes and approves any non-substantive modifications to the Developer s Agreement as may be recommended and approved by the Township Engineer and Township Attorney prior to execution. 4. This Resolution shall take effect immediately. RESOLUTION NO. R-12-62 AUTHORIZING RECIPROCAL LICENSED WATER AND WASTEWATER OPERATOR COVERAGE BETWEEN THE TOWNSHIP OF ROCKAWAY AND BOROUGH OF ROCKAWAY WHEREAS, pursuant to the Safe Drinking Water Act, N.J.A.C. 7:10A-1.10, the New Jersey Department of Environmental Protections requires that certain water systems have a designated back-up licensed operator available to cover in the event the primary licensed operator is unavailable; and WHEREAS, in order to comply with the above requirement, the Township of Rockaway ("Township") and Borough of Rockaway have agreed that the licensed water and wastewater operators for each municipality will provide coverage of the others systems in the event the licensed operator is unavailable; and WHEREAS, coverage will be provided by the licensed operator upon 48 hours notice to the licensed operator providing coverage, except that in emergencies when the licensed operator becomes incapacitated in which case notice shall be provided as soon as possible; and WHEREAS, the Township desires to authorize the reciprocal licensed water and wastewater operator coverage arrangement with the Borough of Rockaway. 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 reciprocal licensed water and wastewater operator coverage arrangement with the Borough of Rockaway. Coverage will be provided by the licensed operator upon 48 hours notice to the licensed operator providing coverage, except that in emergencies when the licensed operator becomes incapacitated in which case notice shall be provided as soon as possible. Coverage shall be provided by each municipality at no cost to the other. 16

2. 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. 3. This Resolution shall take effect immediately. Discussion on Proposed Resolution Regarding Municipal Vehicle Use: Mr. Poff explained that the municipal vehicle policy was an ordinance in the Code, and also in the Policy and Procedures Manual; there was a conflict. He recommends that this only be in the Policy and Procedures Manual. President Dachisen asked if the Council would still have the right to regulate this and was told yes, they alone have the power. Mr. Poff advised that Mrs. Seger reviewed the proposed resolution and then researched other examples. The Joint Insurance Fund has a boiler-plate policy on this. He will put together a report for the Council to review by the end of the week. A discussion ensued regarding details of the policy, responsibility and personal use. REPORTS: Mr. Minenna: He announced the Fishing Contest will be held next week and wished everyone a Happy Easter.. Mr. DiMaria: He announced that the old Damon s Restaurant was in front of the Planning Board and were granted approvals for the new owner. They will be opening soon. Mr. Rogers: No report. Dr. Gellman: All is good in the Fourth Ward. Mr. Berman: No report. Mr. Anello: He commented on the report received regarding the schools intent to erect wind turbines. There are many concerned people. He feels there should be an ordinance on this. He asked the Council to think about spending approximately $300,000 for lights at Oak Meadows ball field. It was noted that $250,000 was bonded for this project. Mayor Sceusi stated that a decision needs to be made. We are spending money designing the Oak Meadows lighting. People in that neighborhood do not want this. Lighting would be more appropriate at the Hudsonia fields. This is a non-residential area with multiple uses. Mr. Antonelli: He thanked the Recreation Department for reinstalling the bridge at Edwards Lake and for re-building the roof at the skate park. He asked Mr. Tabbot to provide him with a copy of the reports from the Morris County Health Management. He acknowledged Bob Sheard who has been cleaning Green Pond on weekends. He is doing this on his own time and he is to be commended. President Dachisen: He had plans for the new fields at Morris Hills and Morris Knolls. They want money from Rockaway Township from our open space fund. Mayor Sceusi explained that he met with the Superintendent. They need Denville and Rockaway Township in order to do this project. This is very expensive. The fields would not be built in Rockaway Township and he is not sure if we can use any of our open space money for projects outside of the Township. 17

President Dachisen stated that there are two referendums proposed for the general election. One is for Peterson Field and the other is for these fields at the high schools. It was also noted that we had huge tax appeals and must pay back some of the taxes. The schools are not affected by this. It was agreed not to participate in these projects and not to have a referendum on the ballot about the fields at the high schools. Mayor Sceusi: He announced that the Methodist Church in Hibernia is on the historic register. They made this determination back in the summer of 2011 and we just got notice of this today. He announced that the grant we received for Lake Denmark is $230,000. Regarding the Wind Turbine, this is a concern of many people; neighbors are up in arms. He advised that we do have noise ordinances. The height could be a problem, but it may coincide with the ordinance on cell towers and their height. He will be away this weekend and advised that Mr. Poff will be in charge. Mr. Buzak: He advised that there are statutory provisions regarding wind mills statewide. Mr. Poff: He announced that the new website will launched next week. There will be service requests that will help residents be more interactive with government. Regarding the COAH Trust Fund, we have 2.4 million dollars in this and it must be committed by July 1, 2012, according to the State. If this is not done, then the money will be forfeited to the State. We do have a plan and the report will be available for the Council s review shortly. We could use some of the funds for housing for people with disabilities. This is within Rockaway Township and managed by the State. We can use 20% for administration cost which we could help fund the litigation we have with Pondview. We also could contribute a percentage to CGP&H for re-habilitation of units and give affordability to housing. All of these suggestions must be approved by the State. Mrs. Palmieri: No report. Mr. Fiorilla: He announced that the Easter Programs are scheduled for March 31, 2012. The Historical Society is applying for a grant for a security system at the Ford Faesch House. They asked the township to match the funds which would be about $6,000 which we could pay out of the Trust. Mr. Tabbot: He advised that we did not get the grant from Community Development Block Grant that we applied for. He attributed this to the County s funds being less than usual. Captain Brennan: No report. Mr. Mason: No report. Mr. Babcock: No report. 18

Mr. Hollenbeck: No report. Mr. Berman asked Mr. Babcock for an update on Fox Hills. Mr. Babcock advised that he received a letter from their new attorney. They are taking the Fire Prevention Bureau to court. They believe that the old BOCA Code applies to them. He also advised that penalties continue to accrue. No further business to attend to this evening, a motion was made by Dr. Gellman, seconded by Mr. Rogers adjourn this meeting at 9:30 p.m. Roll Call: YES-8 NAY-0 ABSENT-1 ABSTAIN-0 Respectfully submitted, Susan Best, RMC Township Clerk 19