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TOWNSHIP OF ROCKAWAY REGULAR MEETING DECEMBER 8, 2015 1 | Page The Regular Meeting of the Township Council of the Township of Rockaway was held on Tuesday, December 8, 2015 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 9, 2015. 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. Minenna, Mr. Jedynak, Mr. Rogers, Dr. Gellman, Mr. Reddin, Mr. Berman, Mr. Quinn, and Council President Antonelli. Absent: Mr. Anello Present from Administration: Mayor Dachisen, Attorney Iaciofano, Mr. Poff, Mrs. Palmieri, Captain Janosec, Mr. Lutz, Mr. Fiorilla, Mr. Knoth, and Mr. Sheard. Approval of Minutes: A motion was made by Dr. Gellman, seconded by Mr. Rogers to approve the minutes from the November 24, 2015 regular meeting. ROLL CALL VOTE: YEA-8 NAY-0 ABSTAIN-0 ABSENT-1 A motion was made by Dr. Gellman, seconded by Mr. Rogers to approve the minutes from the November 24, 2015 closed session. ROLL CALL VOTE: YEA-8 NAY-0 ABSTAIN-0 ABSENT-1 ORDINANCES TO ADOPT ON FINAL READING: A. O-15-16 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 SIGNAGE, OUTDOOR DINING, AND VALET PARKING FOR THE R-B REGIONAL BUSINESS DISTRICT Council President Antonelli opened the meeting to the public for questions or comments on this ordinance only. Tucker Kelley – 16 Meggins Road, Rockaway: He stated that some of the restaurants have barriers and asked if they will make this a requirement for every outdoor dining area. He was advised that the Planning Board will address this if it requires barriers for safety reasons. It will be at their discretion.

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Page 1: TOWNSHIP OF ROCKAWAY REGULAR MEETING ... OF ROCKAWAY REGULAR MEETING DECEMBER 8, 2015 1 | P a g e The Regular Meeting of the Township Council of the Township of Rockaway was held on

TOWNSHIP OF ROCKAWAY REGULAR MEETING DECEMBER 8, 2015

1 | P a g e

The Regular Meeting of the Township Council of the Township of Rockaway was held on Tuesday, December 8, 2015 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 9, 2015. 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. Minenna, Mr. Jedynak, Mr. Rogers, Dr. Gellman, Mr. Reddin, Mr.

Berman, Mr. Quinn, and Council President Antonelli. Absent: Mr. Anello Present from Administration: Mayor Dachisen, Attorney Iaciofano, Mr. Poff,

Mrs. Palmieri, Captain Janosec, Mr. Lutz, Mr. Fiorilla, Mr. Knoth, and Mr. Sheard.

Approval of Minutes: A motion was made by Dr. Gellman, seconded by Mr. Rogers to approve the minutes from the November 24, 2015 regular meeting. ROLL CALL VOTE: YEA-8 NAY-0 ABSTAIN-0 ABSENT-1 A motion was made by Dr. Gellman, seconded by Mr. Rogers to approve the minutes from the November 24, 2015 closed session. ROLL CALL VOTE: YEA-8 NAY-0 ABSTAIN-0 ABSENT-1 ORDINANCES TO ADOPT ON FINAL READING:

A. O-15-16 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 SIGNAGE, OUTDOOR DINING, AND VALET PARKING FOR THE R-B

REGIONAL BUSINESS DISTRICT

Council President Antonelli opened the meeting to the public for questions or comments on this

ordinance only.

Tucker Kelley – 16 Meggins Road, Rockaway: He stated that some of the restaurants have

barriers and asked if they will make this a requirement for every outdoor dining area. He was

advised that the Planning Board will address this if it requires barriers for safety reasons. It

will be at their discretion.

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No one else 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-15-16 on

second and final reading.

ROLL CALL VOTE: YEA-8 NAY-0 ABSTAIN-0 ABSENT-1

TOWNSHIP OF ROCKAWAY

ORDINANCE NO. 15-16

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 SIGNAGE, OUTDOOR DINING, AND VALET PARKING FOR

THE R-B REGIONAL BUSINESS DISTRICT

BE IT ORDAINED by the Township Council of the Township of Rockaway, County of Morris,

State of New Jersey, that the following amendments and revisions are made to the Revised

General Ordinances of the Township of Rockaway, Chapter 54 entitled “Land Use and

Development Regulations.”

SECTION 1. Section 54-30.11.g, Signs in the R-B District, shall herby be removed and

replaced with the following:

1. For buildings located within the R-B District, but not within the mall, attached signs,

including window signs, are permitted as follows:

(a) The following regulations shall apply to attached signs:

(1) The area of any single sign shall not exceed ten (10%) percent of the area of

the exterior wall to which it is attached, or one (1) square foot for each linear

foot of building occupied by the tenant using the sign, whichever results in

the smaller sign.

(2) Attached signs shall be placed parallel to the face of the building, and shall

not extend further than twelve (12) inches from the face of the building.

Where a building or marquee constructed as an integral part of the building,

an attached sign may be placed on the front of the marque, provided that

no part of the sign extends above or below the front edge of the canopy or

marquee. The permitted area of canopy or marquee signs shall be the same

as for other attached signs, and shall be computed using the area and/or

length of the wall from which the canopy or marquee extends. No attached

signs shall be placed above the ground floor on any building with more than

one (1) story.

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(3) There shall be no more than one (1) attached sign for each separate tenant

of the premises, unless specifically permitted otherwise in this section. Where

a building is served with a rear entrance opening on a parking area as

approved by the Planning Board, each tenant in the building is permitted a

second sign facing the rear parking area. The second sign shall not have an

area exceeding one third (1/3) the maximum area permitted for the first sign

as regulated in paragraph a., 1 above.

(4) The length of any sign shall not exceed fifty (50%) of the length of the façade

occupied by the tenant using the sign, up to a maximum length of twenty-

five (25) feet.

(b) Window Signs shall be permitted, provided the following regulations are

complied with:

(1) The total area of all window signs shall not exceed twenty-five (25%) percent

of the main front window area, or one (1) square foot for each linear foot of

building frontage occupied by the tenant of the sign, whichever is less. For

purposes of complying with this section, the maximum area permitted for

window signs shall be calculated separately from other permitted signs.

(2) Such signs shall be located only in the main front windows.

(3) Internally illuminated signs shall be permitted provided such signs do not

face towards Mount Hope Avenue, Mount Pleasant Avenue, or Route 80.

Neon signs and flashing signs shall not be permitted.

2. For buildings located within the mall and having direct access to the parking area via a

separate entrance:

(a) Tenants having a total floor area of at least one hundred thousand (100,000)

square feet may have one (1) attached sign for each exterior building elevation,

but in no event shall have more than three (3) signs per building and one (1)

sign per exterior building elevation. Such signs shall not have an area that

exceeds ten (10%) percent of the each exterior building elevation to which it is

attached, but may not exceed three hundred (300) square feet.

(b) Tenants having a floor area of less than one hundred thousand (100,000) square

feet may have one (1) attached sign for each exterior building elevation, but in

no event shall have more than two (2) signs per building and one (1) sign per

exterior building elevation. Such signs shall not have an area that exceeds two

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hundred and fifty (250) square feet, and may extend no more than seventy-five

(75%) of the length of the tenant façade space to which it is attached.

(c) Exterior building elevation shall be the total of all building walls for the tenant

which are facing the same direction.

3. Signage shall not be permitted for those buildings within the mall which do not have

direct customer access to the parking area via a separate entrance.

SECTION 2. Section 54-30.51.a, Permitted Uses, Paragraph 5, shall hereby be amended as

follows:

5. Food and beverage operations, including cocktail lounges, cafeterias and restaurants,

as well as accessory outdoor dining areas as regulated at Section 54-30.51.e.16; and

SECTION 3. Section 54-30.51.d, Prohibited Uses, Paragraphs 5 and 6, shall be hereby

removed and replaced with the following:

5. Any business operation or storage or display of merchandise conducted outside the

confines of a building, except as follows:

(a) For outdoor dining as regulated at Section 54-30.51.e.16

(b) If the primary use of the tenancy of the building is for the sale of garden supplies

or nursery stock, in which case any storage or display as heretofore permitted

shall be screened by a wall made of the same building material as the building

containing the primary use. The wall shall be not less than seven (7) feet high

and all merchandise stored or displayed shall not project higher than the

required screening wall;

(c) For operations accessory to the principal use and limited to ten (10%) percent of

the floor area of the primary use of the tenancy of the building.

6. Establishments commonly called and known as snack bars, dairy bars or fast service

food establishments and similar businesses engaged in the sale of food, soft drinks,

ice cream and other similar goods or confections which are so prepared and served

as to be intended for immediate consumption, and including those which provide

direct sales through a window to patrons seated or standing outside the confines of

the building in which the business is conducted. This shall not be construed to prohibit

the fast-service food establishments within a mall building or outdoor dining areas as

regulated at Section 54-30.51.e.16

SECTION 4. A new section 54-30.51.e.16 entitled “Outdoor Dining” shall be created as

follows:

16. Outdoor Dining. Outdoor dining shall be subject to the following regulations:

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i. No outdoor dining area for any interior restaurant shall extend along the

façade of an adjacent tenant space;

ii. No outdoor dining area shall provide less than five (5) feet of clear,

unobstructed passageway between outdoor dining areas and any curblines,

street trees, bicycle racks, signposts, or other fixture or obstruction;

iii. The outdoor dining area shall be separated from pedestrian passageways by a

barrier which shall not exceed four (4) feet in height, unless otherwise stated.

Barriers may consist of the following:

1) Sectional fencing or railings, which shall consist of rigid fence or

railing segments that may be placed together temporarily or

permanently to create a unified fencing or railing appearance.

Sectional fencing or railings may be made of metal (aluminum, steel,

iron, or similar), or of wood construction;

2) Planters may be used in conjunction with any sectional fencing or

railings;

3) The following fencing should be prohibited as barriers: fabric inserts,

board-on-board fencing, chain link fencing, cyclone fencing, chicken

wire, or similar appurtenances;

iv. No outdoor dining area shall impede upon current exit access and/or means

of egress for the main entrances to the Mall property, the pathways for

establishments and separate entrances, or for areas designed by the Township

Fire Official as necessary for public safety;

v. Tents and similar appurtenances shall not be permitted in outdoor dining

areas;

vi. Outdoor dining areas shall be limited to not more than twenty (20%) percent

of the total maximum permitted seating for the interior of the establishment;

vii. The highest standards of cleanliness of the outdoor dining areas shall be

maintained at all times including frequent litter removal, within and around the

outdoor dining area;

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viii. Outdoor trash receptacles shall be required for all outdoor dining areas where

there will be no table service;

ix. No tables, chairs, benches, or other equipment used shall be attached, chained

or in any manner affixed to any tree, post, sign, curb and sidewalk;

x. No food or drinks served or consumed at locations permitted for outdoor

dining shall be prepared or stored other than in the interior of the eating

establishment;

xi. Due to its seasonal nature, outdoor dining areas shall not require any parking

spaces in excess of the minimum parking requirements for the principal eating

establishment;

xii. Exterior live music, outdoor loudspeakers, public address systems, radios, live

music, or any type of exterior sound system shall not be permitted after 11:00

pm. Noise shall be kept at such levels as to comply with all provisions of the

Township ordinances, including the Noise Ordinance as established in Section

28-12 of the Township’s Revised General Ordinance;

xiii. Outdoor dining areas must close no later than 11:30 pm;

xiv. Lighting servicing the outdoor dining area shall be kept at the minimum

necessary to ensure the safety of the public and patrons and servers of the

establishment. All lighting shall be directed towards the principal restaurant

and shall comply with the lighting regulations set forth in Section 54-29.10 of

the Township’s Land Use and Development Regulations, except that the

maximum lighting fixture and mounting height shall be twelve (12) feet.

Lighting for outdoor dining areas shall be restricted to its hours of operation;

xv. There shall be no additional signage on the premises or on the furnishings and

equipment utilized as part of the outdoor dining operation beyond that

permitted for the establishment itself, provided that signs may be permitted on

the valance of umbrellas. One (1) temporary unilluminated sign not exceeding

six (6) square feet in area shall be permitted. Wording shall be limited to the

name of the eating establishment and may state the item of food offer for sale;

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xvi. The outdoor dining operation shall be operated and maintained by the same

person or entity that operates and maintains the related restaurant

establishment of which the outdoor dining is a part and extension thereof;

xvii. All establishments holding a valid liquor license must comply with all statutory

provisions and regulations of the Alcoholic Beverage Control Commission and

obtain any and all necessary licenses and/or permits pursuant thereto in order

to serve alcohol in conjunction with an outdoor dining permit;

q) Indemnification. The applicant shall agree to defend (including providing the

costs of a defense, which includes but is not limited to payment of attorneys'

fees and professional fees), indemnify, and save harmless the Township, its

officers, agents, servants, employees and board members for any and all

claims made by any person or entity for personal injury or bodily injury of any

nature or for property damage which injury or damage is alleged to have

occurred out of the applicant's outdoor occupation and operation whether or

not such claims may be derived directly out of such occupation or operation or

if such claims are in any way connected to such occupation and/or operation

and whether or not such claims are made as the result of the alleged

intentional, grossly negligent or negligent acts of a representative, employee,

agent, customer or invitee of the applicant. This duty to indemnify and defend

shall extend to all activities which are undertaken in the context of said

occupation and operation or which are in any way connected to same.

Applicant's responsibilities to indemnify and defend includes but is not limited

to activities related to inspection, maintenance, use or operation, etc. of the

premises, its systems, furnishings, machinery, equipment, implements, or

appliances, etc. which may be used or in the possession of the applicant. In

addition, such duty to indemnify and defend extends to claims of the failure of

the Township to properly direct or instruct the applicant by way of ordinance,

resolution or otherwise with respect to the applicants outdoor occupation

and/or operation and against claims or allegations of the Township's failure to

supply additional security or other safety measures in connection with

applicant's outdoor occupation or operation.

r) Insurance Requirements

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1) The applicant shall procure, at its own expense, insurance as follows:

a) General liability insurance shall be provided with limits of not less

than $2,000,000.00 any one person and $2,000,000.00 any one

accident for bodily injury and $2,000,000.00 aggregate for

property damage. The insurance policy shall be provided by

insurance companies authorized to do business in the State of

New Jersey.

2) A Certificate or Certificates of Insurance in compliance with these

requirements and a certified copy of the policy shall be supplied to the

Township, including the provisions establishing premiums.

3) The insurance policy required hereunder shall include an endorsement

naming the Township and its officers, agents, engineer, attorney,

employees, board members and servants as additional insured’s, which

insurance shall provide primary and non-contributory insurance

coverage to the Township, its agents, etc. The additional insurance shall

include but not be limited to coverage for the additional insured for

bodily or personal injury, property damage or other loss for all

circumstances in which the named insured is covered including but not

limited to circumstances in which the vendor’s insurance policy provides

coverage for the vendor’s work (policy language – “your work”) and for

coverage which is included in the vendor’s “products-completed

operations hazard” coverage.

4) The insurance policy shall contain an endorsement stating that the

policy shall not be changed or canceled prior to thirty (30) days after

written notice of a scheduled cancellation, termination, or expiration

has been provided by the insurance carrier directly to the Township.

5) Insurance coverage having policy limits in the amounts required by the

Township shall not be construed to relieve the Applicant from liability in

excess of such coverage, nor shall it preclude the Township from taking

such other actions as are available to it under the provisions hereof or

otherwise in the law.

6) During applicant's outdoor occupation or operation the applicant shall

be obligated to renew the insurance policy in advance of the time in

which it is scheduled to expire. In cases where the required insurance

policy is cancelled or terminated during its term, the Applicant shall

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immediately procure insurance to replace such policy, and shall

immediately provide all insurance information required by the Township

as proof that the cancelled or terminated policy has been restored or

replaced.

In the event the Applicant refuses or otherwise fails to renew its

insurance policy, or the coverage is canceled, terminated, or modified

so that the insurance does not meet the requirements of the

Township's approval, such failure shall constitute default by the

applicant and, upon written Notice of default from the Township Clerk

and/or Business Administrator, shall suspend the Applicant's approval

to conduct outdoor occupation and operation and shall require the

applicant to cease outdoor operation until authorized, in writing, by the

Township Clerk and/or Business Administrator to resume such

occupation and operation.

Failure of an Applicant in default with Notice to immediately comply

with the Direction of the Township to cease outdoor occupation and

operation and/or Applicant's failure to affirmatively contact the

Township Clerk or Business Administrator to immediately report the

expiration, cancellation, or termination of the insurance policy shall

constitute a violation(s) of the provisions of the Township Zoning

Ordinance, thereby subjecting the applicant to any and all fines and

penalties provided for thereby.

s) Application. Persons or entities seeking approval for outdoor dining areas shall

file a minor site plan, to be reviewed by the appropriate Board, which may

refer the application to one (1) or more of the following Township employees

or their approved alternatives: Zoning Officer; Construction Code Official;

Traffic Safety Officer; Township Engineer; Water and Sewer Department; Health

Officer; and/or Township Planner. The Township Fire Official shall also review

each minor site plan application for outdoor dining areas in order to ensure

that public safety is maintained.

SECTION 5. Section 54-30.51.b, Permitted Accessory Uses, shall be hereby amended as

follows:

Permitted Accessory Uses. Accessory uses and structures permitted in the R-B district

are those uses and structures which are customarily incidental and subordinate to a

permitted principal use. In case of a question concerning whether a use or structure is

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accessory to a permitted principal use, the determination thereof shall lie with the

Zoning Board of Adjustment. Valet parking shall be considered as a permitted accessory

use in the R-B district, subject to the attainment of a Zoning Permit. B. O-15-19 AN ORDINANCE FIXING THE SALARIES OF VARIOUS OFFICIALS

AND EMPLOYEES OF THE TOWNSHIP OF ROCKAWAY IN THE COUNTY

OF MORRIS 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. Minenna to adopt Ordinance O-15-19 on

second and final reading.

ROLL CALL VOTE: YEA-7 NAY-1 ABSTAIN-0 ABSENT-1 (Jedynak)

ORDINANCE NO. O-15-19

AN ORDINANCE FIXING THE SALARIES OF VARIOUS OFFICIALS

AND EMPLOYEES OF THE TOWNSHIP OF ROCKAWAY

IN THE COUNTY OF MORRIS

BE IT ORDAINED by the Township Council of the Township of Rockaway in the County

of Morris, State of New Jersey that:

Section 1. Contractual employees be paid at the rate of the below listed salaries and

shall remain in force unless otherwise amended.

Section 2. All temporary or part-time employees not herein otherwise provided for

shall be paid between $8.25 and $20.00 per hour for each hour of actual employment. Said

payment schedule shall be consistent with budgeted funds and approval by the Department Head

and the Mayor or Business Administrator.

Section 3. All salaries and wages as herein fixed shall be paid as follows: All wages

for full-time employees and officials shall be payable every other week, that is, every other Friday.

Section 4. CONTRACTUAL EMPLOYEES: 2016

MINIMUM MAXIMUM

ANNUAL ANNUAL

TITLE SALARY SALARY

Construction Official/Zoning Officer $51,200 $112,695

Water and Sewer Superintendent $50,100 $110,022

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Road Superintendent $50,100 $110,022

Superintendent of Recreation $54,300 $107,367

Assistant Water and Sewer Utilities Superintendent $54,100 $102,898

Road Supervisor $43,100 $94,665

Supervisor Garage Services $43,100 $94,665

Sewer Supervisor/Water Supervisor $43,100 $94,665

Supervisor Parks/Supervisor Recreation Maintenance $43,100 $94,665

Plumbing Sub-Code Official/Zoning Officer $41,700 $91,877

Electrical Sub-Code Official $41,700 $91,877

Building Sub-Code Official/Fire Sub-Code Official $41,700 $91,877

Registered Environmental Health Specialist $39,700 $88,375

Public Health Nurse Supervisor $39,600 $88,375

Chief Public Safety Telecommunicator $39,700 $85,680

Municipal Court Administrator $37,800 $83,415

Senior Public Works Inspector $37,000 $82,102

Senior Public Safety Telecommunicator $38,400 $78,043

Senior Accountant $34,500 $72,160

Public Health Nurse $34,500 $72,160

Senior Motor Vehicle Operator, Elderly & Handicapped $33,100 $68,607

2016

MINIMUM MAXIMUM

ANNUAL ANNUAL

TITLE SALARY SALARY

Communications Operator $31,500 $67,597

Public Safety Telecommunicator $31,500 $67,597

Accountant $31,500 $67,597

Administrative Secretary $30,400 $67,457

Payroll Supervisor $30,400 $67,457

Recreation Supervisor $30,400 $67,457

Administrative Clerk $31,700 $66,090

Motor Vehicle Operator-Elderly & Handicapped Persons $29,700 $64,853

Secretarial Assistant $29,000 $64,338

Technical Assistant-Office of Construction Official $29,000 $64,338

Assistant Municipal Tax Collector $28,800 $61,449

Clerk 4 $28,400 $61,355

Senior Payroll Clerk/Records Support Technician 3 $27,100 $58,011

Clerk 3 $27,100 $58,011

Violations Clerk $27,100 $58,011

Deputy Municipal Court Administrator $27,100 $60,000

Records Support Technician 2 $25,900 $55,502

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Senior Tax Clerk $25,900 $55,502

Public Works Inspector $24,900 $55,016

Records Support Technician 1 $24,700 $52,965

Animal Control Officer $25,400 $50,961

Public Safety Telecommunicator Trainee $23,300 $49,488

Clerk 2 $22,700 $48,710

Clerk 1 $22,600 $47,422

Account Clerk $22,600 $47,422

2016

MINIMUM MAXIMUM

HOURLY HOURLY

TITLE RATE RATE

Senior Public Works Repairer $22.90 $40.80

Senior Mechanic, Diesel $22.90 $40.80

Heavy Equipment Operator/Welder $22.30 $37.76

Equipment Operator/Supervising Laborer $21.50 $36.91

Mechanic, Diesel $21.20 $36.13

Welder $21.20 $36.13

Senior Maintenance Repairer/Welder $21.20 $36.13

Sewer Repairer 2/Water Repairer 2 $20.90 $35.79

Mechanic $20.90 $35.79

Heavy Equipment Operator $20.90 $35.79

Senior Road Repairer/Sign Maker $20.90 $35.79

Equipment Operator $20.40 $34.92

2016

MINIMUM MAXIMUM

HOURLY HOURLY

TITLE RATE RATE

Truck Driver, Heavy $20.40 $34.92

Road Repairer 2 $20.00 $34.21

Maintenance Worker 2 $20.00 $34.21

Laborer 1 $15.90 $31.91

Road Repairer 1 $15.90 $31.91

Sewer Repairer 1/Water Repairer 1 $15.90 $31.91

Maintenance Worker 1 $15.90 $31.91

Building Maintenance Worker $12.50 $26.04

Section 5. All contractual employees listed above and employed or promoted

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prior to December 31, 2014 who have not reached the maximum of the salary guide authorized

on December 6, 2011 shall continue to be compensated as if the salary guide was still in force.

Those contractual employees being compensated as if the salary guide was still in force shall be

granted increases in accordance with past practice up to the maximum of said salary guide.

This provision shall not apply to contractual employees hired or promoted after January 1, 2015.

Section 6. The Blue Collar Union Agreements shall provide for the following: "Employees

hired after January 1, 2015 will be paid 8% over the employee's current rate of the maximum Road

Repairer 2 rate, whichever is less."

Section 7. Distribution of bonuses will be determined based upon the performance

appraisals. Represented employees who do not meet expectations will not receive a bonus,

employees that meet expectations will receive a bonus of 0.25%, and employees exceeding

expectations may receive a bonus in excess of .25%. Bonuses will be paid in the first pay period of

December.

Section 7. All Ordinances or parts of an Ordinance inconsistent with this

Ordinance are hereby repealed to the extent of such inconsistency.

Section 8. This Ordinance shall take effect upon final adoption and publication

thereof as provided.

ROLL CALL VOTE: YEA-7 NAY-1 ABSTAIN-0 ABSENT-1 (Jedynak) C. O-15-20 AN ORDINANCE FIXING THE SALARIES OF VARIOUS OFFICIALS

AND EMPLOYEES OF THE TOWNSHIP OF ROCKAWAY IN THE COUNTY

OF MORRIS

Council President Antonelli opened the meeting to the public for questions or comments on this

ordinance only.

Tucker Kelley – 16 Meggins Road, Rockaway: He referred to the section of this ordinance that

states: “Part Time Employees” and asked what the hourly requirement was and what was the

anticipated salary. Mr. Poff advised that the hours vary on the positions, and that some of

these are stipends. Mr. Kelley pointed out that the title is “salary” and not “stipend”. Mr.

Kelley asked how the Council can vote on this when they do not know the answers to these questions. Attorney Iaciofano advised the Council not to answer his questions as he has filed

litigation related to this subject. Mr. Kelley again asked what the required hours would be for

these part-time employees. Council President added that the Council has worked hard to

combine positions and save taxpayers money, and this list reflects that successful effort. Mr.

Kelley asked outside of the Mayor and Council, who else gets benefits. Again, Attorney Iaciofano advised the Council not to answer Mr. Kelley as he is the Plaintiff in a lawsuit against

the Mayor and seven Council members on this topic.

No one else wishing to be heard, Council President Antonelli closed the meeting to the public.

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Mr. Jedynak advised that this ordinance does not show prior years nor does it show the

amount of increase. He stated that this is the third raise the council has given themselves this

year; one was for 2014, and the second for 2015 and now this for 2016. He feels this is

disturbing. He also pointed out that the Council has not been given any information on the 2016 budget to date. Mr. Rogers stated that the Mayor’s raise equals $176.00.

A motion was made by Dr. Gellman, seconded by Mr. Rogers to adopt Ordinance O-15-20 on

second and final reading.

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. Rogers to adopt Ordinance O-15-20 on

second and final reading.

ROLL CALL VOTE: YEA-7 NAY-1 ABSTAIN-0 ABSENT-1 (Jedynak)

ORDINANCE NO. O-15-20

AN ORDINANCE FIXING THE SALARIES OF VARIOUS OFFICIALS

AND EMPLOYEES OF THE TOWNSHIP OF ROCKAWAY

IN THE COUNTY OF MORRIS

BE IT ORDAINED by the Township Council of the Township of Rockaway

in the County of Morris, State of New Jersey that:

Section 1. Exempt employees be paid at the rate of the below listed

salaries retroactive to January 1, 2016 or at that date on which employees or holders

of positions shall have been employed in their respective classifications by the

Township of Rockaway, whichever date shall be later, and shall remain in force unless

otherwise amended.

Section 2. All temporary or part-time employees not herein otherwise

provided for shall be paid between $7.25 and $20.00 per hour for each hour of actual

employment. Said payment schedule shall be consistent with budgeted funds and

approval by the Department Head and the Mayor or Municipal Administrator.

Section 3. All salaries and wages as herein fixed shall be paid as follows:

All wages for full-time employees and officials shall be payable every other week,

that is, every other Friday.

Section 4. EXEMPT EMPLOYEES:

2016

MINIMUM MAXIMUM

ANNUAL ANNUAL

FULL TIME EMPLOYEES SALARY SALARY

Business Administrator $0 $153,710

Chief Financial Officer $0 $123,464

Chief of Police $0 $153,286

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Director of Community Services $0 $117,903

Director of Public Works $0 $126,965

Health Officer

$0 $116,764

Municipal Clerk $0 $81,936

Municipal Engineer $0 $126,227

Tax Assessor

$0 $107,904

Tax Collector/Tax Search Officer $0 $87,864

Assistant Business Administrator $0 $69,044

2016

MINIMUM MAXIMUM

ANNUAL ANNUAL

PART TIME EMPLOYEES SALARY SALARY

Council Meeting Attendant $0 $2,518

Council Member $0 $5,018

Council President $0 $6,990

Registrar $0 $1,500

Director of Fire $0 $19,026

Dog Census Taker $0 $4,000

Emergency Management Coordinator $0 $6,500

Emergency Management Deputy $0 $500

Fire Inspector (LEA) $0/Hour $26.00/Hour

Fire Marshal (LEA) $0/Hour $34.00/Hour

Municipal Court Attendant $0/Hour $20.00/Hour

Housing Officer $0 $3,000

Magistrate of Municipal Court $0 $52,453

Mayor $0 $9,124

Recycling Coordinator $0 $5,000

Recycling Attendant $0 $10,000

Clean Communities Coordinator $0 $1,500

Recreation Aid $0 $5,500

School Crossing Guard $0 $4,275

Sewer Assessment Officer $0 $1,000

Section 5. Distribution of bonuses will be determined based upon the performance

appraisals. Represented employees who do not meet expectations will not receive a bonus,

employees that meet expectations will receive a bonus of 0.25%, and employees exceeding

expectations may receive a bonus in excess of .25%. Bonuses will be paid in the first pay

period of December.

Section 6. All Ordinances or parts of an Ordinance inconsistent with this

Ordinance are hereby repealed to the extent of such inconsistency.

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Section 7. This Ordinance shall take effect upon final adoption and publication

thereof as provided.

D. O-15-21 AN ORDINANCE AUTHORIZING THE ACQUISITION OF A

BLANKET UTILITY EASEMENT RESPECTING REAL PROPERTY DESIGNATED AS BLOCK 21502, LOT 17 ON THE OFFICIAL TAX MAP

OF THE TOWNSHIP OF ROCKAWAY MORE COMMONLY KNOWN AS

THE WHITE MEADOW LAKE FIRE COMPANY, 1 PAWNEE AVENUE,

ROCKAWAY, NJ

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. Minenna to adopt Ordinance O-15-21 on

second and final reading.

ROLL CALL VOTE: YEA-8 NAY-0 ABSTAIN-0 ABSENT-1

ORDINANCE NO. O-15-21 AN ORDINANCE AUTHORIZING THE ACQUISITION OF A BLANKET UTILITY

EASEMENT RESPECTING REAL PROPERTY DESIGNATED AS BLOCK 21502, LOT 17 ON THE OFFICIAL TAX MAP OF THE TOWNSHIP OF ROCKAWAY

MORE COMMONLY KNOWN AS THE WHITE MEADOW LAKE FIRE COMPANY, 1 PAWNEE AVENUE, ROCKAWAY, NJ 07866

WHEREAS, N.J.S.A. 40A:12-4 authorizes a municipality to acquire easements; and

WHEREAS, N.J.S.A. 40A:12-5 requires that the acquisition of easements by municipalities be accomplished by ordinance; and

WHEREAS, it has been determined by the Township of Rockaway's superintendent of Water Utility that there is a need in the White Meadow Lake

Community to make improvements to the water utility to ensure the Township's continuing ability to provide potable water to Township residents,

WHEREAS, the improvements necessary shall require the construction, operation, removal, repair, replacement, relocation, and/or maintenance of

water lines, pressure reducing valve vaults, pipes, mains, facilities, related utilities and/or appurtenances thereto, including the modification of existing facilities as well as the construction of facilities which it may be necessary to

hereinafter install; and

WHEREAS, White Meadow Lake Fire Company, which is the owner of the property designated as Lot 17 in Block 21502, more commonly known as 1

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Pawnee Avenue, Rockaway Township, NJ, has agreed to allow the Township the

permanent use of its property to effectuate the utility purposes referenced herein by granting the Township a Blanket Utility Easement; and

WHEREAS, it has been determined by the Township Council that approving the acquisition of the Blanket Utility Easement would be in the best interest of the Township;

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 acquire a Blanket

Utility Easement from the White Meadow Lake Fire Company respecting the real property hereinbefore described under the terms and conditions set forth in the Blanket Utility Easement a copy of which is attached hereto and made a

part hereof by reference.

After all requirements respecting the enactment of this ordinance have been fulfilled the Blanket Utility Easement 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. 40:67-21.

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.

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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. Open to the Public: Prior to opening the meeting to the public, and regarding the parking ordinance on Highview Terrace and Herrick Drive, Dr. Gellman, as Chairman of the

Ordinance Committee, stated that White Meadow Lake has the same parking problems. They made changes to the ordinance and that did not work. He has discussed this ordinance with the Ordinance Committee and it was decided to change the ordinance back to “no parking when snow covered on one side”. This has been working for many years. It would be introduced at the January 26, 2016 meeting. Virginia Stanton – 454 Herrick Drive, Rockaway: She stated that no one ever saw the petition that requested the parking be changed. She wants everyone to be notified when changes are made. She also added that the signs do not have a time limit listed on them. Ray Tahan – 957 Green Pond Road, Rockaway: Regarding Mr. Minenna and Mr. Rogers sitting in on their last council meeting; he stated that they both have worked endless hours either on committees, or doing research, etc.; all for the betterment of the township. They have given their unselfish time and dedication. Mr. Rogers researched the price of asphalt and found it cheaper than the price in the co-op. Mr. Minenna sat in front of the State Education Committee to ask why Rockaway Township’s schools are short-changed in their aid. He stated that they both will be missed and thanked them for their service to our community. Miriam Boylan – 433 Herrick Drive, Rockaway: She feels that there is a safety issue with the parking problems in her area. Donna Zvolensky – 504 Herrick Drive, Rockaway: She advised that the request to change the parking a year ago was not a personal attack on anyone. She proposed the petition based on safety. She stated that emergency vehicles cannot get through the streets in her area. Robert Bubenik – 532 Herrick Drive, Rockaway: He thanked the Council for addressing the parking ordinance. He added that people park on sidewalks all the time and should use some consideration. Tucker Kelley – 16 Meggins Road, Rockaway: He advised that elected officials were allowed to be in PERS Pension Plan prior to 2007. After this date, there were revisions made. Elected Officials that were in PERS were grandfathered in if you stayed in the

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same position. He noted that Mr. Rogers was an elected official, then he wasn’t, and then he was; and Mayor Dachisen was on the Council then became Mayor. He feels this would disqualify them both from being in PERS. He spoke with the State asking them if they knew that these positions had changed. Attorney Iaciofano advised not to respond to Mr. Kelley as his question was ill-put. He advised Mr. Kelley to put his question in writing. Mr. Kelley argued with him and wanted an answer now and not later.

No one else wishing to be heard, Council President Antonelli closed the meeting to the public.

Council President Antonelli asked Administrator Poff if he could answer Mr. Kelley’s questions to do so, but if he couldn’t, then do not answer him. He

thanked Mr. Tahan for his nice comments on Mr. Minenna and Mr. Rogers.

CONSENT AGENDA TO BE ACTED ON: RESOLUTIONS:

A. (R-15-221) Redemption of Tax Title Lien C#14-054 (2 Calumet

Avenue) B. (R-15-222) Redemption of Tax Title Lien C#14-026 (14 Everment

Road)

C. (R-15-223) Authorizing In Rem Foreclosure of the Tax Sale

Certificates Shown on the Attached Tax Foreclosure List

D. (R-15-224) 2013/2014/2015 Tax Court Judgments Refund for

Property known as 130 Decker Road E. (R-15-225) A Resolution Authorizing the Transfer of Funds

F. (R-15-226) Authorizing the Award of a Professional Services

Contract to Dewberry Engineers, Inc. for Engineering Services in

Connection with the Permitting, Design and Construction of a

Replacement for Rockaway Township Well 6 G. (R-15-227) Resolution Authorizing the Endorsement of a Permit to

Construct/Modify/Operate for Rockaway Township Well 9

FIREFIGHTERS: None

JUNIOR FIREMEN’S AUXILIARY: None

* * * END OF CONSENT AGENDA * * *

A motion was made by Dr. Gellman, second by Mr. Berman to adopt all of the items on the Consent Agenda.

Mr. Jedynak asked about Resolution R-15-225, Transfer of Funds mentioning that Human Resources is $20,000 for appraisals and asked who would be doing the appraisals. Mr. Poff advised that the amount is less than $20,000, and that the Mercer Group are developing the appraisals and also some training. He explained that this was in the labor contract. Employees would receive an increase of 1.75% and based on their performance they may receive a higher percentage. Mayor Dachisen explained that we have great employees and they need to be rewarded and others may need to work harder to achieve this raise.

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Mr. Jedynak stated this was the second time he had to point out that supporting documentation was not put on the website. He asked if he can expect to always find them on the website. Council President Antonelli stated that the clerk has a lot of work to do and sometimes mistakes happen. He noted that for the year 2015 she has received and replied to almost 500 OPRA requests. He also advised that the Clerk answered Mr. Jedynak’s questions in a timely manner. Regarding R-15-226, Mr. Jedynak noted that all the proper pay-to-play documents were not attached. He referred to the State’s website on this. He feels that if the Council passes this tonight, they would be in violation of the law. Mr. Poff advised that if there was a dispute with the documentation then the council could, if they wish, not vote on this one this evening.

Dr. Gellman remarked that the Council must keep the town running and that time is being wasted. He stated that the Council hires people to do work for this town and they do an excellent job. This is not the Senate. The Township must function. If there is a question, then it is advised that the Administration should be contacted instead of asking them in public and wasting time. Mr. Jedynak noted that the documents were outdated and no cost was mentioned. He also pointed out that on R-15-227 no cost was mentioned either. ROLL CALL VOTE: YEA-7 * NAY-1** ABSTAIN-0 ABSENT-1 *Mr. Reddin stepped out of the meeting. ** Mr. Jedynak voted no on Resolution R-15-226.

RESOLUTION # 15-221

REDEMPTIONS OF TAX TITLE LIEN C#14-054

WHEREAS, the Tax Collector’s Office has received payment for redemption of Tax Title

Lien #14-054 on BLOCK 21705 LOT 18 known as: 2 CALUMET AVE. In the name of: ETRA. WHEREAS, reimbursements are now required to be made to the following Lien Holder, US BANK CUST FOR BV001 TRUST 50 SOUTH 16TH ST. SUITE 2050 PHILADELPHIA, PA 19102-2513 From Tax Lien Redemption Account, Lien, Penalty, Interest and Costs:

TAX TITLE LIEN: $23,273.03 PREMIUM: $23,200.00

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 $46,473.03 made Payable to:

"ABOVE LIEN HOLDER"

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BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded to the Township Treasurer. RESOLUTION # 15-222

REDEMPTIONS OF TAX TITLE LIEN C#14-026

WHEREAS, the Tax Collector’s Office has received payment for redemption of Tax Title

Lien #14-026 on BLOCK 20101 LOT 8 known as: 14 EVERMENT RD. In the name of: KOROLY.

WHEREAS, reimbursements are now required to be made to the following Lien Holder, US BANK CUST FOR BV001 TRUST 50 SOUTH 16TH ST. SUITE 2050 PHILADELPHIA, PA 19102-2513 From Tax Lien Redemption Account, Lien, Penalty, Interest and Costs:

TAX TITLE LIEN: $23,329.81 PREMIUM: $28,600.00

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 $51,929.81 made Payable to:

"ABOVE LIEN HOLDER" BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded to the Township Treasurer.

TOWNSHIP COUNCIL

TOWNSHIP OF ROCKAWAY

RESOLUTION (R-15-223)

AUTHORIZING IN REM FORECLOSURE OF THE TAX SALE CERTIFICATES

SHOWN ON THE ATTACHED TAX FORECLOSURE LIST

WHEREAS, pursuant to the provisions of N.J.S.A. 54:5-104.29 et seq.,

the Tax Collector has certified to the Township Council for the Township of

Rockaway, in the County of Morris, a municipality of the State of New Jersey,

is the holder of certain Tax Sale Certificates covering the lands and

premises situated in the Township of Rockaway for the amounts, including

subsequent liens as shown on the Tax Foreclosure List, Schedules 1 through 11

hereto annexed and made a part hereof.

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND MEMBERS OF THE

TOWNSHIP COUNCIL OF THE TOWNSHIP OF ROCKAWAY:

1. That it is hereby determined to foreclose, In Rem, those tax sale

certificates appearing on the attached Tax Foreclosure List.

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2. That the tax collector or its designee is hereby authorized and

directed to foreclose the tax sale certificates appearing on the attached tax

foreclosure list by summary proceedings as provided by statute.

3. That the township clerk shall certify a true and accurate copy of

this resolution to be made a part of such action instituted for the purpose

of foreclosing the aforesaid tax sale certificates.

4. This resolution shall take effect immediately.

Be It Further Resolved that a certified copy of this Resolution is forwarded

to the township Treasurer and Tax Collector.

RESOLUTION # R-15-224

2013/2014/2015 TAX COURT JUDGMENTS REFUND FOR PROPERTY KNOWN AS: 130 DECKER ROAD

WHEREAS, pursuant to N.J.S.A. 54:3-27.2, in the event that a taxpayer is successful in an appeal from an assessment on real property, the prospective taxing district shall refund any excess taxes paid within 60 days of the date of final judgment.

WHEREAS, the Tax Collector’s Office has received Tax Court Judgments on

BLOCK 30801 LOT 27 also known as: 130 DECKER RD. In the name of: Michael George Jr. & Michele Hummel. WHEREAS, Tax Court Judgment, Docket #013844-2013 entered on 11/6/15 reduced the assessed value of the property for tax year 2013 from 672,100 to 642,500 which resulted in a tax credit of $861.95 to be refunded to the owners. WHEREAS, The provisions of N.J.S.A 54:51A-8 (Freeze Act Years) shall be applicable to the assessments on this property for tax year 2014 which reduced the assessments by same and resulted in a tax credit of $888.88 to be refunded to the owner. WHEREAS, The provisions of N.J.S.A 54:51A-8 (Freeze Act Years) shall be applicable to the assessments on this property for tax year 2015 which reduced the assessments by same and resulted in a tax credit of $905.76 to be refunded to the owner.

WHEREAS, a refund for the total amount of $2,656.59 is due and payable to: Douglas M. Standriff - Attorney Trust Account for:

George, Michael Jr. and Michele Hummel 60 West Ridgewood Ave. Ridgewood, NJ 07450

NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of

Rockaway, County of Morris, State of New Jersey that the Township Treasurer is authorized to refund the above owner and the tax collector to adjust her records accordingly. BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded to the Township Treasurer and Tax Collector.

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RESOLUTION R- 15- 225

A RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS

WHEREAS, there appears to be inadequate funds in various 2015 budget

appropriation accounts to meet the demands thereon, and

WHEREAS, there appears to be a surplus in various other accounts over and

above the demand necessary for the 2015 expenditures,

NOW, THEREFORE BE IT RESOLVED, by the Township Council of the Township

of Rockaway that the Chief Financial Officer be and is hereby authorized and directed to make the following transfers.

General Fund:

FROM

ACCOUNT #

AMOUNT

Legal Services O/E

5-01-20-155-029

$ 26,500.00

Uniform Construction Code S&W

5-01-22-195-011

50,000.00

Municipal Court S&W

5-01-42-490-015

40,000.00

Public Works S&W

5-01-26-290-011

5,000.00

$

121,500.00

TO

ACCOUNT #

AMOUNT

Human Resources O/E

5-01-20-105-028

$ 20,000.00

Finance S&W

5-01-20-130-011

1,500.00

Uniform Construction Code O/E

5-01-22-195-115

50,000.00

Liability Insurance O/E

5-01-23-210-098

5,000.00

Police S&W

5-01-25-240-014

40,000.00

Traffic Maintenance S&W

5-01-26-300-014

5,000.00

$

121,500.00

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RESOLUTION NO. 15-226

AUTHORIZING THE AWARD OF A PROFESSIONAL SERVICES

CONTRACT TO DEWBERRY ENGINEERS INC. FOR ENGINEERING

SERVICES IN CONNECTION WITH THE PERMITTING, DESIGN

AND CONSTRUCTION OF A REPLACEMENT FOR

ROCKAWAY TOWNSHIP WELL 6

WHEREAS, due to a decline in the production capacity of Rockaway Township Well 6

("Well 6"), the Township of Rockaway ("Township") requires engineering services in

connection with the permitting, design and construction of a replacement for Well 6, which will

be known as Well 10; and

WHEREAS, the Township has agreed to retain Dewberry Engineers Inc. located at 600

Parsippany Road, Suite 301, Parsippany, New Jersey 07054 ("Dewberry") to provide the

necessary engineering services as specifically outlined in the October 20, 2015 Proposal

submitted by James A. Floystrop, III, PE, CME and Christopher M. Cirrotti, PE, CME, LEED

AP BD+C, which is attached hereto as Exhibit A, and in accordance with the Schedule of Rates

submitted by Dewberry, which is attached hereto as Exhibit B; and

WHEREAS, because it is anticipated that the contract with Dewberry for said

engineering services will exceed $17,500.00, the requirements of N.J.S.A. 19:44A-20.5 (Anti

Pay-to-Play Legislation) apply; and

WHEREAS, in accordance with the Anti Pay-to-Play Legislation, Dewberry submitted

to the Township the Political Contribution Disclosure Form, Stockholder Disclosure

Certification and Business Entity Disclosure Certification as required; and

WHEREAS, Dewberry has also submitted to the Township a New Jersey Business

Registration Certificate, as required; and

WHEREAS, said professional services may be retained without competitive bidding

pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.

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 hires, employs and retains Dewberry Engineers Inc. located at

600 Parsippany Road, Suite 301, Parsippany, New Jersey 07054 ("Dewberry") to provide the

necessary engineering services as specifically outlined in the October 20, 2015 Proposal

submitted by James A. Floystrop, III, PE, CME and Christopher M. Cirrotti, PE, CME, LEED

AP BD+C attached hereto as Exhibit A.

2. Dewberry shall be compensated in accordance with the Schedule of Rates attached

hereto as Exhibit B.

3. The contract with said engineering firm is for professional services and exempt from

the bidding requirements under the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.

4. The award is 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 foregoing award is further subject to the certification of availability of funds by

the appropriate officers of the Township.

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6. 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.

7. 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.

8. This Resolution shall take effect immediately.

RESOLUTION NO. 15-227

RESOLUTION AUTHORIZING THE ENDORSEMENT OF

A PERMIT TO CONSTRUCT/MODIFY/OPERATE FOR

ROCKAWAY TOWNSHIP WELL 9

WHEREAS, the Township of Rockaway ("Township") and its consultants have

undertaken certain improvements intended to upgrade and increase the pumping capacity of

Rockaway Township Well 9 ("Well 9"), which is also known as Well 7A; and

WHEREAS, pursuant to the regulations adopted by the New Jersey Department of

Environmental Protection ("NJDEP"), a Permit to Construct/Modify/Operate must be obtained

from the NJDEP to operate Well 9 at an increased pumping capacity; and

WHEREAS, the Township's water engineering consultant, Dewberry Engineers, Inc.,

has prepared an Application for a Permit to Construct/Modify/Operate for Well 9, together with

all other accompanying documents, and has recommended the approval thereof by the Township;

and

WHEREAS, the Township of Rockaway desires to authorize the execution of the

Application for a Permit to Construct/Modify/Operate for Well 9 and the submission of the same

to the NJDEP to obtain approval to operate Well 9 at the increased pumping capacity.

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 execution of the Application for a Permit to

Construct/Modify/Operate for Well 9 prepared by Dewberry Engineers, Inc. and the submission

of the Application for approval by the NJDEP.

2. The Mayor and Township Clerk, together with the Township Business Administrator

and the Superintendent of Utilities, are hereby authorized and directed to execute the Application

for a Permit to Construct/Modify/Operate for Well 9.

3. The Mayor, Township Clerk, Township Business Administrator and Superintendent of

Utilities, 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. This Resolution shall take effect immediately. REPORTS:

Mr. Minenna: Council President Antonelli stated that this is his last meeting and added it has been a pleasure to work with Mr. Minenna and appreciates all he did. Mr. Minenna stated that he first sat on the Council in 1996 for 10 years and then

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came back in 2008 to present. It has been a privilege and an honor to serve Rockaway Township. He thanked the Staff. In his opinion our water and road departments are the best. The Fire and Police Departments lead by example for a safe community and give terrific services. The Administration and Clerk’s office are excellent along with the Health Department who give valuable information. He also thanked the coaches and Meals on Wheels. He thanked his family for sacrificing time with him. He mentioned his accomplishments such as the Route 80 ramp, and the elimination of the truck weight station on Route 80 in Rockaway Township. He is grateful that the plume of contamination did not come onto other properties. He pleaded to the State Education Committee to give Rockaway Township schools more state aid – they get 12% while others get 25%. He made sure that the Fire Department has the best possible equipment. He mentioned the first partnership ever with Picatinny Arsenal on Frog Falls. He thanked both his past and present colleagues. He is proud of the fact that he introduced an ordinance to hold officials harmless which helps in the several

frivolous lawsuits that some people serve upon the Township. People who cry wolf and are self-servers never accomplish anything. There have been several misrepresentations and thousands of dollars spent on OPRA requests. He urged all not to believe a word of what these people say. He wished all a Happy Hanukah, Merry Christmas and a Happy New Year. He ending by saying God Bless Rockaway Township and encourage all to get to get involved and not be part of the problem. Mr. Jedynak: He stated during the last meeting’s closed sessions he voted no on two issues involving litigation because he did not have the information. He requested this information and asked the Mayor when he may expect to receive it. Mayor Dachisen advised that they are working on them now and noted that other members voted on this and did not have the information. He suggested it may be ready by January 15th. Mr. Rogers: Council President Antonelli thanked Mr. Rogers for his service, noting that this is his last meeting. Mr. Rogers stated he enjoyed helping and volunteering his time. He remembers when the Mayor and he cut down trees during Hurricane Sandy. That is why he became a council person and not to argue with all and not for personal gain. He wants to leave Rockaway Township better for his children and grandchildren. He announced that he has only missed one meeting since 2010 and that was due to being hospitalized. He enjoyed most of his time here, however noting he will not miss having to shave twice a month! He does not try and be what he is not. He feels that these past few years it has been difficult to get things done noting that if he has questions he calls administration for information; he does not sit here and make issues. He ended by saying he will miss some people, but not all. He also wished everyone a Happy Hanukah, Merry Christmas and a Happy New Year. He thanked the employees who have done a lot for the good of the Township.

Dr. Gellman: He told of a story involving Mr. Rogers and himself in a rain storm in Yellowstone Park. He will be missed. He thanked the Fire Department for saving his house as smoke alarms went off last week. He wished all a Happy Hanukah, Merry Christmas and a Happy New Year. He feels this is a great community and wants to see it continue that way. All is well in Ward 4. Mr. Reddin: He also wished all a Happy Hanukah, Merry Christmas and a Happy New Year. He stated that Mr. Minenna and Mr. Rogers are great people and he has learned a lot from them. It was a pleasure working with them and they will be missed.

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Mr. Berman: He thanked Mr. Minenna and Mr. Rogers for their dedication noting they are both great citizens and they will be missed. He complimented the Mayor on his reading of the ‘Night Before Christmas’ at the Ford Faesch House. He did a great job. He thanked the Rabbi for doing a nice job at the recent Menorah lighting. He also wished all a Happy Hanukah, Merry Christmas and a Happy New Year. Mr. Quinn: He said it was great serving with Mr. Minenna and Mr. Rogers adding that they have made Rockaway Township better than before they got on the Council. He said this is a busy time of the year and we are all here to serve the people. He advised that the Lions Club served food to a lot of people who are in dire shape. This is part of what Rockaway Township is all about. All is well in Ward 2. He, too, wished all a Happy Hanukah, Merry Christmas and a Happy New Year.

Council President Antonelli: On December 4, 2015 the annual Christmas Tree Lighting ceremony took place; it was well attended and everyone had a great time. He thanked the Fire Department and the Boy Scouts for helping out. It was a great night. He also wished all a Happy Hanukah, Merry Christmas and a Happy New Year. Mayor Dachisen: He is sad that his two buddies are leaving. He stated that whenever there was a problem, everything was always worked out. He will miss them. They have both served the people of Rockaway Township and accomplished a great deal. He offered his gratitude to both of them. He wished everyone a Happy Hanukah, Merry Christmas and a Happy New Year and hoped all would be safe. He announced that the Re-Organization meeting is scheduled for January 5, 2016. Attorney Iaciofano: He advised that a check was received from Wells Fargo for the demolition of 468 Green Pond Road. The contractor has been instructed to go forward. Wells Fargo will pay any additional money if needed. We also received a check in the amount of $2,280 for a national settlement against a medical waste vendor who was overcharging. He gave a report on OPRA stating there were 491 requests to date, up from 296 from last year. He noted that Mr. Kelly had submitted 55 of the 491 and is responsible for about 20% of requests. He spoke of a request that Mr. Kelley made on November 25, 2015 for notes Mayor Dachisen may have created during the meeting of November 24th. This takes a lot of time and notes are not government records. He feels that Rockaway Township has been fortunate to have Mr. Minenna and Mr. Rogers as council members. They are very special people. Mr. Poff: Referring to Mr. Minenna, Mr. Poff remembers when they appeared before the State Education Committee. He did a fantastic job. He also remembers when he was being interviewed for the Administrator’s position and Mr. Rogers was one of the

people interviewing him. Mr. Rogers has given him a great deal of guidance and has saved the township a lot of money. He wished them both the best. He also wished everyone a Happy Hanukah, Merry Christmas and a Happy New Year. Mr. Lutz: He thanked Mr. Minenna and Mr. Rogers for all they have done and wished them the best. He also wished all a Happy Hanukah, Merry Christmas and a Happy New Year.

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Mrs. Palmieri: She will miss working with Mr. Minenna and Mr. Rogers. She also wished all a Happy Hanukah, Merry Christmas and a Happy New Year. Mr. Fiorilla: He stated it has been a pleasure working with Mr. Minenna and Mr. Rogers. He too, wished all a Happy Hanukah, Merry Christmas and a Happy New Year. Captain Janosec: On behalf of the Police Department, he wished both Mr. Minenna and Mr. Rogers well. Mr. Knoth: He wished good luck to both Mr. Minenna and Mr. Rogers. He announced that we have taken ownership of a new street sweeper. The Road Department is ready for bad weather.

Mr. Sheard: He thanked Mr. Minenna and Mr. Rogers for their support. He also wished all a Happy Hanukah, Merry Christmas and a Happy New Year. Chief Hatke: Santa Claus will be driving around the Township and his schedule is listed on the website. He thanked Mr. Minenna and Mr. Rogers for all they have done. He also wished all a Happy Hanukah, Merry Christmas and a Happy New Year. No further business to attend to this meeting, a motion was made by Dr. Gellman, seconded by Mr. Quinn to adjourn this meeting at 9:05 p.m. Said motion was unanimously passed. Respectfully submitted, Susan Best, RMC Township Clerk

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