TOWNSHIP OF ROCKAWAY - E-Gov · PDF filetownship of rockaway regular meeting april 14, 2015 2 | p a g e improvement bonds or notes of the township of rockaway to finance the same

TOWNSHIP OF ROCKAWAY REGULAR MEETING

APRIL 14, 2015

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The Regular Meeting of the Township Council of the Township of Rockaway was held on Tuesday, April 14, 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 everyone in the salute to the American Flag. Council President Antonelli called for a Moment of Silence for the Coalition Forces Overseas.

Present: Mr. Minenna, Mr. Jedynak, Mr. Rogers, Dr. Gellman, Mr. Berman, Mr. Quinn, and Council President Antonelli.

Absent: Mr. Reddin and Mr. Anello Present from Administration: Attorney Iaciofano, Mr. Poff, Mr. Lutz, Captain

McParland, Mrs. Palmieri, Mr. Tabbot, and Mr. Mason, In the absence of Mayor Dachisen, Mr. Minenna presented a Proclamation Declaring April 12-18 as the “Week of the Young Child”. Ms. Amanda DiScala accepted the Proclamation and thanked everyone. Council President Antonelli asked for a motion to approve the minutes of the March 24, 2015 meeting. A motion was made by Dr. Gellman, seconded by Mr. Quinn to approve minutes from the `---March 24, 2015 Regular Meeting. Roll Call Vote: YEA – 7 NAY - 0 ABSENT – 2 ABSTAIN – 0 ORDINANCE TO ADOPT ON FINAL READING

A. (O-15-07) AN ORDINANCE OF THE TOWNSHIP OF ROCKAWAY IN

THE COUNTY OF MORRIS, NEW JERSEY, CAPITAL IMPROVEMENTS FOR THE TOWNSHIP OF ROCKAWAY AND

APPROPRIATING $2,427,000 THEREFOR, AND PROVIDING FOR THE ISSUANCE OF $2,115,650 IN THE GENERAL


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IMPROVEMENT BONDS OR NOTES OF THE TOWNSHIP OF ROCKAWAY TO FINANCE THE SAME Council President Antonelli opened the meeting to the public for questions or comments on this ordinance only. Tucker Kelley – 16 Meggins Road, Rockaway: Regarding the items under Engineering Department – “Camp Hudsonia Dam Rehabilitation”, he questions whether this is

taking it down or repairing it? He stated that the Lake Telemark Community Club was not informed of this and feels people should be as it may affect their property. Also regarding an item listed under Parks and Recreation, “Fencing Backstops & Irrigation”, he feels the township employees can do this work to save taxpayers money. He also feels the same about the Lake Ames Park Improvements and the field maintenance and trailers. He mentioned that we now take care of fields at schools for a trade of a janitor. He noted that the school had equipment to do this work in the past and wonders if we could use that equipment. He noted there is a lot of dumping at the park and mentioned the proposed dog park which did not happen. He wants the Council to be pro-active instead of re-active. No one else wishing to be heard, Council President Antonelli closed the meeting to the public. Mr. Lutz advised that the Camp Hudsonia Dam is for modification and there will be plantings to help keep flooding away. The flow will not be increased. Regarding the recreation work, Council President Antonelli commented that we work hard to try and do many things in-house. He agreed that there is significant dumping at the park. A motion was made by Dr. Gellman, seconded by Mr. Quinn to adopt Ordinance O-15-07 on second and final reading. Roll Call Vote: YEA – 7 NAY - 0 ABSENT – 2 ABSTAIN – 0

TOWNSHIP OF ROCKAWAY

MORRIS COUNTY, NEW JERSEY

ORDINANCE NO. 2015 - 07

AN ORDINANCE OF THE TOWNSHIP OF ROCKAWAY, IN

THE COUNTY OF MORRIS, NEW JERSEY, PROVIDING FOR

VARIOUS CAPITAL IMPROVEMENTS FOR THE TOWNSHIP

OF ROCKAWAY AND APPROPRIATING $2,427,000


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THEREFOR, AND PROVIDING FOR THE ISSUANCE OF

$2,115,650 IN GENERAL IMPROVEMENT BONDS OR

NOTES OF THE TOWNSHIP OF ROCKAWAY TO FINANCE

THE SAME

BE IT ORDAINED BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF ROCKAWAY, IN THE COUNTY

OF MORRIS, NEW JERSEY (not less than two-thirds of all members thereof affirmatively concurring), AS FOLLOWS:

Section 1.The several improvements or purposes described in Section 3 of this bond ordinance are hereby authorized to

be undertaken by the Township of Rockaway, in the County of Morris, New Jersey (the "Township"), as general improvements.

For the several improvements or purposes described in Section 3 hereof, there are hereby appropriated the respective sums of

money therein stated as the appropriations made for each improvement or purpose, such sums amounting in the aggregate to

$2,427,000, including a $190,000 Grant expected to be received from the State of New Jersey Department of Transportation and

the aggregate sum of $121,350 as the several down payments from the Capital Improvement Fund for the purposes required by

local bond law. The down payments have been made available by virtue of provision for down payment or for capital

improvement purposes in one or more previously adopted budgets.

Section 2.In order to finance the cost of the several improvements or purposes not covered by application of the several

down payments or otherwise provided for hereunder, negotiable bonds are hereby authorized to be issued in the principal amount

of $2,115,650 pursuant to the Local Bond Law. In anticipation of the issuance of the bonds, negotiable bond anticipation notes

are hereby authorized to be issued pursuant to and within the limitations prescribed by the Local Bond Law.

Section 3.The several improvements hereby authorized and the several purposes for which the bonds or notes are to be

issued, the estimated cost of each improvement and the appropriation therefor, the estimated maximum amount of bonds or notes

to be issued for each improvement and the period of usefulness of each improvement are as follows:

Purpose/Improvement

Estimated

Total Cost

Bonds

Authorized

Down Payment

Useful Life

Grant/Other

Funds, if any

A. Administration

Acquisition of Computers and networking

equipment

$60,000 $57,000 $3,000 7 years

B. Clerk

Acquisition of recording system for

Council Chambers

$16,000 $15,200 $800 15 years

C. Fire Department

Purchase of 4WD Deputy Fire Chief Vehicle

35,000 33,250 1,750 5 years

Various Equipment (Airbags, SCBA, Turn-

out Gear, Stabilization Equipment)

$18,500 $17,575 $925 15 years

Acquisition of radio communication

upgrade

$10,000 $9,500 $500 7 years

Refurbish fire engine #511 – Class A fire

pumper

$125,000 $118,750 $6,250 5 years

D. Engineering Department

Daniel Street Road Improvements – Section II

$290,000 $85,500 $14,500 10 years

$190,000 NJDOT Grant


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Purpose/Improvement

Estimated

Total Cost

Bonds

Authorized

Down Payment

Useful Life

Grant/Other

Funds, if any

Camp Hudsonia Dam Rehabilitation $150,000 $142,500 $7,500 30 years

Lake Ames Dam Rehabilitation $85,000 $80,750 $4,250 30 years

E. Public Works

Road resurfacing Program $560,000 $532,000 $28,000 5 years

Acquisition of 2 furnaces $10,000 $9,500 $500 15 years

Underground Storage Tank Improvements $42,000 $39,900 $2,100 5 years

Acquisition of Vehicle Diagnostic

Programs

$6,000 $5,700 $300 5 years

Acquisition of 2 Pick-Up Trucks $84,000 $79,800 $4,200 5 years

Acquisition of Street Sweeper $297,000 $282,150 $14,850 15 years

F. Buildings and Grounds

Various Municipal Building Improvements $110,000 $104,500 $5,500 10 years

G. Municipal Library

Roof Repairs/Replacement $345,000 $327,750 $17,250 5 years

H. Parks and Recreation

Fencing, Backstops & Irrigation – Various Parks

$85,000 $80,750 $4,250 15 years

Lake Ames Park Improvements $20,000 $19,000 $1,000 15 years

Field Maintenance Equipment - Trailors $7,500 $7,125 $375 15 years

Acquisition of Senior Services Van $26,000 $24,700 $1,300 5 years

Acquisition of 4WD Vehicle and Plow $45,000 $42,750 $2,250 5 years

TOTAL $2,427,000 $2,115,650 $121,350 $190,000

(h)The estimated maximum amount of bonds or notes to be issued for the several improvements or purposes is as stated

in Section 2 hereof.

(i)The estimated cost of the several improvements or purposes is equal to the amount of the appropriation herein made

therefor.

Section 4.All bond anticipation notes issued hereunder shall mature at such times as may be determined by the chief

financial officer; provided that no note shall mature later than one year from its date. The notes shall bear interest at such rate or

rates and be in such form as may be determined by the chief financial officer. The chief financial officer shall determine all

matters in connection with notes issued pursuant to this bond ordinance, and the chief financial officer's signature upon the notes

shall be conclusive evidence as to all such determinations. All notes issued hereunder may be renewed from time to time subject

to the provisions of the Local Bond Law. The chief financial officer is hereby authorized to sell part or all of the notes from time

to time at public or private sale and to deliver them to the purchasers thereof upon receipt of payment of the purchase price plus

accrued interest from their dates to the date of delivery thereof. The chief financial officer is directed to report in writing to the


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governing body at the meeting next succeeding the date when any sale or delivery of the notes pursuant to this bond ordinance is

made. Such report must include the amount, the description, the interest rate and the maturity schedule of the notes sold, the

price obtained and the name of the purchaser.

Section 5.The capital budget (or temporary capital budget as applicable) of the Township is hereby amended to

conform with the provisions of this bond ordinance to the extent of any inconsistency herewith. In the event of any such

inconsistency and amendment, the resolution in the form promulgated by the Local Finance Board showing full detail of the

amended capital budget (or amended temporary capital budget as applicable) and capital program as approved by the Director of

the Division of Local Government Services is on file with the Clerk and is available there for public inspection.

Section 6.The following additional matters are hereby determined, declared, recited and stated:

(a)The several improvements or purposes described in Section 3 of this bond ordinance are not current expenses. They

are improvements or purposes the Township may lawfully undertake as general improvements, and no part of the costs thereof

have been or shall be specially assessed on property specially benefited thereby.

(b)The average period of usefulness of the several improvements or purposes, within the limitations of the Local Bond

Law, computed on the basis of the respective amounts or obligations authorized for each improvement or purpose and the

reasonable life thereof within the limitations of the Local Bond Law, is 10.19 years.

(c)The Supplemental Debt Statement required by the Local Bond Law has been duly prepared and filed in the office of

the Clerk, and a complete executed duplicate thereof has been filed in the office of the Director of the Division of Local

Government Services in the Department of Community Affairs of the State of New Jersey. Such statement shows that the gross

debt of the Township as defined in the Local Bond Law is increased by the authorization of the bonds and notes provided in this

bond ordinance by $2,115,650 and the obligations authorized herein will be within all debt limitations prescribed by that Law.

(d)An aggregate amount not exceeding $100,000 for items of expense listed in and permitted under N.J.S.A. 40A:2-20

is included in the estimated cost indicated herein for the several improvements or purposes.

(e)The Township reasonably expects to commence the acquisition and/or construction of the several improvements or

purposes described in Section 3 hereof, and to advance all or a portion of the costs in respect thereof, prior to the issuance of

bonds or notes hereunder. To the extent such costs are advanced, the Township further reasonably expects to reimburse such

expenditures from the proceeds of the bonds or notes authorized by this bond ordinance, in an aggregate amount not to exceed the

amount of bonds or notes authorized in Section 2 hereof.

Section 7.Any grant moneys received for the purposes described in Section 3 hereof (other than those identified in

Section 8 hereof) shall be applied either to direct payment of the cost of the improvement or to payment of the obligations issued

pursuant to this bond ordinance. The amount of obligations authorized hereunder shall be reduced to the extent that such funds

are so used.

Section 8.As a portion of the total appropriation of $2,427,000 made in Section 1 hereof, there is herein appropriated

for the improvements in Section 3(d) a $190,000 Grant expected to be received from the State of New Jersey Department of

Transportation.

Section 9.The full faith and credit of the Township is hereby pledged to the punctual payment of the principal of and

the interest on the obligations authorized by this bond ordinance. The obligations shall be direct, unlimited obligations of the

Township, and the Township shall be obligated to levy ad valorem taxes upon all the taxable real property within the Township

for the payment of the obligations and the interest thereon without limitation of rate or amount.

Section 10.The chief financial officer of the Township is hereby authorized to prepare and to update from time to time

as necessary a financial disclosure document to be distributed in connection with the sale of obligations of the Township and to

execute such disclosure document on behalf of the Township. The chief financial officer is further authorized to enter into the

appropriate undertaking to provide secondary market disclosure on behalf of the Township pursuant to Rule 15c2-12 of the

Securities and Exchange Commission (the “Rule”) for the benefit of holders and beneficial owners of obligations of the

Township and to amend such undertaking from time to time in connection with any change in law, or interpretation thereof,

provided such undertaking is and continues to be, in the opinion of a nationally recognized bond counsel, consistent with the

requirements of the Rule. In the event that the Township fails to comply with its undertaking, the Township shall not be liable

for any monetary damages, and the remedy shall be limited to specific performance of the undertaking.

Section 11.To the extent that any previous ordinance or resolution is inconsistent herewith or contradictory hereto, said

ordinance or resolution is hereby repealed or amended to the extent necessary to make it consistent herewith.

Section 12.If any part(s) of this ordinance shall be deemed invalid, such part(s) shall be severed and the invalidity

thereby shall not affect the remaining parts of this ordinance.

Section 13.This bond ordinance shall take effect 20 days after the first publication thereof after final adoption, as

provided by the Local Bond Law.


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B. (O-15-08) AN ORDINANCE OF THE TOWNSHIP OF ROCKAWAY, IN THE COUNTY OF MORRIS, NEW JERSEY, PROVIDING FOR

VARIOUS WATER UTILITY IMPROVEMENTS FOR THE TOWNSHIP OF ROCKAWAY AND APPROPRIATING $1,560,000

THEREFORE, AND PROVIDING FOR THE ISSUANCE OF $1,482,000 IN GENERAL IMPROVEMENT BONDS OR NOTES OF THE TOWNSHIP OF ROCKAWAY TO FINANCE THE SAME.

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 Mr. Rogers, seconded by Mr. Quinn to adopt Ordinance O-15-08 on second and final reading. Roll Call Vote: YEA – 7 NAY - 0 ABSENT – 2 ABSTAIN – 0



ORDINANCE NO. 2015- 08

AN ORDINANCE OF THE TOWNSHIP OF ROCKAWAY, IN

THE COUNTY OF MORRIS, NEW JERSEY, PROVIDING FOR

VARIOUS WATER UTILITY IMPROVEMENTS FOR THE

TOWNSHIP OF ROCKAWAY AND APPROPRIATING

$1,560,000 THEREFOR, AND PROVIDING FOR THE

ISSUANCE OF $1,482,000 IN GENERAL IMPROVEMENT

BONDS OR NOTES OF THE TOWNSHIP OF ROCKAWAY TO

FINANCE THE SAME

BE IT ORDAINED BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF ROCKAWAY, IN THE COUNTY

OF MORRIS, NEW JERSEY (not less than two-thirds of all members thereof affirmatively concurring), AS FOLLOWS:

Section 1.The improvements or purposes described in Section 3 of this bond ordinance are hereby authorized to be

undertaken by the Township of Rockaway, in the County of Morris, New Jersey (the "Township"), as a general improvement.

For the improvement or purpose described in Section 3 hereof, there is hereby appropriated the sum of $1,560,000 the sum of

$78,000 from the water utility capital improvement fund for the purposes required by local bond law. The down payment has

been made available by virtue of provision in the water utility capital improvement fund in one or more previously adopted

budgets.

Section 2.In order to finance the cost of the improvement or purpose not covered by application of the down payment

or otherwise provided for hereunder, negotiable bonds are hereby authorized to be issued in the principal amount of $1,482,000

pursuant to the Local Bond Law. In anticipation of the issuance of the bonds, negotiable bond anticipation notes are hereby

authorized to be issued pursuant to and within the limitations prescribed by the Local Bond Law.


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Section 3.The several improvements hereby authorized and the several purposes for which the bonds or notes are to be

issued, the estimated cost of each improvement and the appropriation therefor, the estimated maximum amount of bonds or notes

to be issued for each improvement and the period of usefulness of each improvement are as follows:

Purpose/Improvement

Estimated

Total Cost

Bonds

Authorized

Down Payment

Useful Life

Grant, if

any

Construction of

Administration/Operations Building

$1,015,000 $964,250 $50,750 40 years

Well and Infrastructure Improvements

$500,000 $475,000 $25,000 10 years

Acquisition of 4WD Vehicle $42,000 $39,757.50 $2,092.50 5 years

Acquisition of Equipment $3,000 $2,992.50 $157.50 15 years

TOTAL $1,560,000 $1,482,000 $78,000

(b)The estimated maximum amount of bonds or notes to be issued for the several improvements or purposes is as stated

in Section 2 hereof.

(c)The estimated cost of the improvement or purpose is equal to the amount of the appropriation herein made therefor.

Section 4.All bond anticipation notes issued hereunder shall mature at such times as may be determined by the chief

financial officer; provided that no note shall mature later than one year from its date. The notes shall bear interest at such rate or

rates and be in such form as may be determined by the chief financial officer. The chief financial officer shall determine all

matters in connection with notes issued pursuant to this bond ordinance, and the chief financial officer's signature upon the notes

shall be conclusive evidence as to all such determinations. All notes issued hereunder may be renewed from time to time subject

to the provisions of the Local Bond Law. The chief financial officer is hereby authorized to sell part or all of the notes from time

to time at public or private sale and to deliver them to the purchasers thereof upon receipt of payment of the purchase price plus

accrued interest from their dates to the date of delivery thereof. The chief financial officer is directed to report in writing to the

governing body at the meeting next succeeding the date when any sale or delivery of the notes pursuant to this bond ordinance is

made. Such report must include the amount, the description, the interest rate and the maturity schedule of the notes sold, the

price obtained and the name of the purchaser.

Section 5.The capital budget (or temporary capital budget as applicable) of the Township is hereby amended to

conform with the provisions of this bond ordinance to the extent of any inconsistency herewith. In the event of any such

inconsistency and amendment, the resolution in the form promulgated by the Local Finance Board showing full detail of the

amended capital budget (or amended temporary capital budget as applicable) and capital program as approved by the Director of

the Division of Local Government Services is on file with the Clerk and is available there for public inspection.

Section 6.The following additional matters are hereby determined, declared, recited and stated:

(a)The improvement or purpose described in Section 3 of this bond ordinance is not current expense. It is an

improvement or purpose the Township may lawfully undertake as a general improvement, and no part of the cost thereof has

been or shall be specially assessed on property specially benefited thereby.

(b)The average period of usefulness of the improvement or purpose, within the limitations of the Local Bond Law,

according to the reasonable life thereof within the limitations of the Local Bond Law, is 29.40 years.

(c)The Supplemental Debt Statement required by the Local Bond Law has been duly prepared and filed in the office of

the Clerk, and a complete executed duplicate thereof has been filed in the office of the Director of the Division of Local

Government Services in the Department of Community Affairs of the State of New Jersey. Such statement shows that the gross

debt of the Township as defined in the Local Bond Law is increased by the authorization of the bonds and notes provided in this

bond ordinance by $1,482,000 and the obligations authorized herein will be within all debt limitations prescribed by that Law.

(d)An aggregate amount not exceeding $15,000 for items of expense listed in and permitted under N.J.S.A. 40A:2-20 is

included in the estimated cost indicated herein for the several improvements or purposes.


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(e)The Township reasonably expects to commence the acquisition and/or construction of the improvement or purpose

described in Section 3 hereof, and to advance all or a portion of the costs in respect thereof, prior to the issuance of bonds or

notes hereunder. To the extent such costs are advanced, the Township further reasonably expects to reimburse such expenditures

from the proceeds of the bonds or notes authorized by this bond ordinance, in an aggregate amount not to exceed the amount of

bonds or notes authorized in Section 2 hereof.

Section 7.Any grant moneys received for the purposes described in Section 3 hereof shall be applied either to direct

payment of the cost of the improvement or to payment of the obligations issued pursuant to this bond ordinance. The amount of

obligations authorized hereunder shall be reduced to the extent that such funds are so used.

Section 8.The full faith and credit of the Township is hereby pledged to the punctual payment of the principal of and

the interest on the obligations authorized by this bond ordinance. The obligations shall be direct, unlimited obligations of the

Township, and the Township shall be obligated to levy ad valorem taxes upon all the taxable real property within the Township

for the payment of the obligations and the interest thereon without limitation of rate or amount.

Section 9.The chief financial officer of the Township is hereby authorized to prepare and to update from time to time as

necessary a financial disclosure document to be distributed in connection with the sale of obligations of the Township and to

execute such disclosure document on behalf of the Township. The chief financial officer is further authorized to enter into the

appropriate undertaking to provide secondary market disclosure on behalf of the Township pursuant to Rule 15c2-12 of the

Securities and Exchange Commission (the “Rule”) for the benefit of holders and beneficial owners of obligations of the

Township and to amend such undertaking from time to time in connection with any change in law, or interpretation thereof,

provided such undertaking is and continues to be, in the opinion of a nationally recognized bond counsel, consistent with the

requirements of the Rule. In the event that the Township fails to comply with its undertaking, the Township shall not be liable

for any monetary damages, and the remedy shall be limited to specific performance of the undertaking.

Section 10.To the extent that any previous ordinance or resolution is inconsistent herewith or contradictory hereto, said

ordinance or resolution is hereby repealed or amended to the extent necessary to make it consistent herewith.

Section 11.If any part(s) of this ordinance shall be deemed invalid, such part(s) shall be severed and the invalidity

thereby shall not affect the remaining parts of this ordinance.

Section 12.This bond ordinance shall take effect 20 days after the first publication thereof after final adoption, as

provided by the Local Bond Law.

Open to the Public: Gloria Stahl – 3110 Franklin Lane, Rockaway: She thanked Mr. Rogers and Mr. Minenna for their help with a situation that happened last week; someone cut the chain and lock at the emergency gate in her complex. Mr. Lutz and Attorney Iaciofano also followed up on this. The chain and lock have been replaced. Pat Degnan – 88 Valley View Drive, Rockaway: She thanked the road department for the great job they did this winter. She asked if there was a schedule for the street sweeper. She also mentioned that a storm drain by Omaha Avenue has a big hole and will collapse soon. Joy Weinreich – 7 No. Brookside Drive, Rockaway: She delivers the meals on wheels and is very proud that Rockaway Township continues to do this. She noted, however,

that it is very difficult to deliver when people do not have their house numbers displayed. She suggested an ordinance be adopted to require every homeowner place their house number on either their house or their mailbox. No one else wishing to be heard, Council President Antonelli closed the meeting to the public.


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Mr. Poff advised that the street sweeper is currently working sweeping the gravel on the roads. It was suggested that the dates be posted on the website which may help with people moving their cars off the roads so they can sweep the entire width. It was also suggested that we put a notice on the website regarding house numbers. CONSENT AGENDA TO BE ACTED ON:

RESOLUTIONS A. (R-15-86) AUTHORIZING THE EXECUTION OF A DEVELOPER’S

AGREEMENT BETWEEN THE TOWNSHIP OF ROCKAWAY AND

TOMCO CONSTRUCTION INC. FOR DEVELOPMENT ON THE

REAL PROPERTY KNOWN AS BLOCK 11501, LOTS 31, 32, 33,

34, 35, 36, 37, 38 AND 39 ON THE OFFICIAL TAX MAP OF THE

TOWNSHIP OF ROCKAWAY, NEW JERSEY MORE COMMONLY

KNOWN AS 212 ROUTE 15 SOUTH

B. (R-15-87) AUTHORIZING AND APPROVING A CERTAIN SOIL

MOVEMENT PERMIT FOR TOMCO CONSTRUCTION INC. WITH

RESPECT TO BLOCK 11501, LOTS 31 THROUGH 39, TOWNSHIP

OF ROCKAWAY (212 ROUTE 15 SOUTH)

C. (R-15-88) AUTHORIZATION FOR THE TOWNSHIP OF ROCKAWAY

TO ACCEPT A SUBGRANT AWARD OF THE FEDERAL FISCAL

YEAR 2014 OF A DEPARTMENT OF HOMELAND SECURITY

EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM

FUNDING

D. (R-15-89) GRANT AGREEMENT BETWEEN ROCKAWAY

TOWNSHIP FIRE DEPARTMENT AND THE STATE OF NEW

JERSEY BY AND FOR THE DEPARTMENT OF ENVIRONMENT

PROTECTION GRANT IDENTIFIER: FS15-028 GOVERNING

BODY RESOLUTION

E. (R-15-90) RESOLUTION AUTHORIZING THE ACCEPTANCE OF A

FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) HAZARD

MITIGATION GRANT AUTHORIZED BY THE STATE OF NEW

JERSEY FOR THREE (3) PUMP STATION EMERGENCY

GENERATORS

F. (R-15-91) RESOLUTION AMENDING R-15-18 WHICH GRANTED

AUTHORIZATION TO RETAIN PROFESSIONAL SERVICES THE

COST OF WHICH IS ANTICIPATED TO EXCEED $17,500 IN

ACCORDANCE WITH THE LOCAL PUBLIC CONTRACTS LAW

G. (R-15-92) REDEMPTION OF TAX TITLE LIEN C#14-047 (44 Upper

Mountain Avenue)

H. (R-15-93) APPROVING THE SALE BY WAY OF AUCTION

PURSUANT TO N.J.S.A. 40A:12-13(a) OF REAL PROPERTY


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IDENTIFIED ON THE OFFICIAL TAX MAP OF THE TOWNSHIP OF

ROCKAWAY AS LOT: 25 BLOCK: 20504 BEING MORE

COMMONLY KNOWN AS 48 WEST LAKE SHORE DRIVE TO

SOPHIA AND GEORGE SAVRAMIS

FIREFIGHTERS: DANIELLE HORACEK, PATRIK WOLF

JUNIOR FIREMEN’S AUXILIARY: None

* * * END OF CONSENT AGENDA * * *

A motion was made by Dr. Gellman, seconded by Mr. Berman to adopt all of items listed on the Consent Agent. Roll Call Vote: YEA – 7 NAY - 0 ABSENT – 2 ABSTAIN – 0

RESOLUTION NO. R 15 - 86

AUTHORIZING THE EXECUTION OF AN AMENDED

DEVELOPER'S AGREEMENT BETWEEN THE TOWNSHIP OF ROCKAWAY AND TOMCO CONSTRUCTION INC. FOR

DEVELOPMENT ON THE REAL PROPERTY KNOWN AS BLOCK 11501, LOTS 31, 32,33,34,35,36,37,38, AND 39, ON THE OFFICIAL TAX MAP OF THE TOWNSHIP OF ROCKAWAY,

NEW JERSEY MORE COMMONLY KNOWN AS 212 ROUTE 15 SOUTH

WHEREAS, Tomco Construction Inc. ("Developer") received variances and approval from the Township of Rockaway Zoning Board of Adjustment on May

20, 2014 for construction of a commercial development on property known as Block 11501, Lots 31, 32, 33, 34, 35, 36, 37, 38 and 39, on the Official Tax Map of the Township of Rockaway ("Property"),

WHEREAS, the Property had previously been the subject of Zoning Board of Adjustment Resolutions dated July 9, 1991 and October 21, 2008 and

of a prior Developer's Agreement dated May 25, 2010; and

WHEREAS, the Developer is required to enter into an Amended Developer's Agreement with the Township of Rockaway setting forth the rights,

duties and obligations of the parties in connection with the development as per the May 20, 2014 Resolution which is attached hereto and made a part hereof

by reference; and WHEREAS, The Township Professionals have negotiated and approved the

terms and conditions of the Amended Developer’s Agreement on the behalf of the


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Township and recommend that the Council authorize the Mayor to sign the

Amended Developer's Agreement; and

WHEREAS, the Township desires to authorize the execution of the

Amended 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, and State of New Jersey, they being

the Governing Body thereof as follows: 1. All the terms and conditions of a certain Amended Developer's

Agreement dated April 8, 2015 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 Amended 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 Amended 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 15 - 87

AUTHORIZING AND APPROVING A CERTAIN SOIL MOVEMENT PERMIT FOR TOMCO CONSTRUCTION INC. WITH RESPECT TO BLOCK 11501, LOTS 31 THROUGH 39,


(212 ROUTE 15 SOUTH)

WHEREAS, a soil movement application was filed by Tomco

Construction Inc. regarding construction of a commercial development including an expanded storage area, underground storm water detention

system and other associated site improvements on Block 11501, Lots 31 through 39 on the Official Tax Map of the Township of Rockaway

("Property"), to disturb 9,263 cubic yards of soil material including the exportation of 9,263 cubic yards of soil material; and

WHEREAS, the soil movement is required for the proposed construction and is consistent with the approvals granted by the

Rockaway Township Zoning Board of Adjustment on October 21, 2008 which approvals were amended by the Zoning Board of Adjustment by


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resolution dated May 20, 2014; and

WHEREAS, the applicant is required to post a bond to guarantee the implementation of proper soil erosion control measures, the cost of

which is covered and included in the performance guarantee as set forth in said Developer's Agreement and pay the necessary application fees in

compliance with Chapter XX, Soil Protection, of the Revised General Ordinances of the Township of Rockaway; and

WHEREAS, the Zoning Board of Adjustment recommended the issuance of a soil movement permit subject to certain conditions; and

WHEREAS, the Township Engineer has reviewed the soil movement application of the applicant and has recommended that

the application be granted subject to compliance with the Soil Protection Ordinance, Zoning Board of Adjustment approvals and such conditions as are contained below.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Rockaway, County of Morris, State of New Jersey,

they being its Governing Body thereof as follows:

1. The application of Tomco Construction Inc. for a soil movement

permit to disturb 9,263 cubic yards of soil, including exportation of 9,263 cubic yards of soil, on Block 11501, Lots 31 through 39 on the

Official Tax Map of the Township of Rockaway is hereby approved and authorized. 2. The Township Council has reviewed the recommendations of the

Zoning Board of Adjustment and the Township Engineer who has evaluated such considerations as soil erosion of water and wind, drainage, soil fertility, lateral support slopes, grades of abutting

streets and lands and land values and uses and related factors pursuant to Subsections 20-1. 6 and 20-1.7 of the Soil Protection

Ordinance. 3. The Council finds that the Zoning Board of Adjustment Resolution and the Township Engineer's comprehensive review of the application

provide bases upon which to conclude that the permit may be granted without compromising the public health, safety, and general welfare if

and only if the following conditions are met: a. The Applicant shall comply with each and every condition attached to the Zoning Board of Adjustment's resolution of approval of

October 21, 2008 as amended by the Zoning Board of Adjustment's resolution of May 20, 2014 which conditions have been made part of the record before the Zoning Board of Adjustment.


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b. The Applicant shall enter into a Developer's Agreement with the Township of Rockaway for the construction of site improvements.

4. This Resolution shall take effect immediately.

R-15-88

AUTHORIZATION FOR THE TOWNSHIP OF ROCKAWAY TO ACCEPT A

SUBGRANT AWARD OF THE FEDERAL FISCAL YEAR 2014 OF DEPARTMENT OF HOMELAND SECURITY EMERGENCY MANAGEMENT

PERFORMANCE GRANT PROGRAM FUNDING

WHEREAS, the Township of Rockaway Office of Emergency Management

has been awarded State Homeland Security Grant Program Subgrant CFDA #97.042, Award #FY14-EMPG-EMAA-2201 from the New Jersey State Police Office of Emergency Management. The Subgrant, consisting of a total amount

of $10,000.00 including $5,000.00 Federal Award and $5,000.00 Local Matching Funds, is for the purpose of enhancing Rockaway Township’s ability

to prevent, protect against, respond to and recover from acts of terrorism, natural disasters and other catastrophic events and emergencies; and

WHEREAS, the Rockaway Township Office of Emergency Management, designated by the New Jersey State Police, Office of Emergency Management,

has submitted an Application for Subgrant Award that has been required by the said New Jersey State Police Office of Emergency Management; and

WHEREAS, the Application for Subgrant Award calls for a match in the amount of $5,000.00 which the Rockaway Township Office of Emergency Management adequately satisfies through the 2015 Rockaway Township

approved budget for department salaries and wages and fringe benefits.

NOW, THEREFORE, BE IT RESOLVED, that the Township Council of the Township of Rockaway, in the County of Morris and State of New Jersey, accepts the award of the FY14 Homeland Security Emergency Management

Performance Grant Program Subgrant in the amount of $5,000.00 of Federal Funds through the New Jersey State Police, Office of Emergency Management; and

BE IT FURTHER RESOLVED that the Rockaway Township

Administrator, the Rockaway Township Chief Financial Officer and the


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Rockaway Township Director of Emergency Management are authorized to sign the appropriate Subgrant award documents; and

BE IT FURTHER RESOLVED that copies of this Resolution shall be

forwarded to the New Jersey State Police, Office of Emergency Management; the Rockaway Township Administrator, the Rockaway Township Chief Financial Officer; and the Rockaway Township Office of Emergency Management.

R-15-89

GRANT AGREEMENT BETWEEN ROCKAWAY TOWNSHIP FIRE

DEPARTMENT AND THE STATE OF NEW JERSEY BY AND FOR THE

DEPARTMENT OF ENVIRONMENT PROTECTION GRANT IDENTIFIER: FS15-028

GOVERNING BODY RESOLUTION

The governing body of ROCKAWAY TOWNSHIP FIRE DEPARTMENT desires

to further the public interest by obtaining a grant from the State of New Jersey in the amount of approximately $3,800.00 to fund the following project: Volunteer Fire Assistance Grant Agreement Work.

THEREFORE, the governing body resolves that Joseph Mason, Jr. or the

successor to the officer of Fire Director is authorized (a) to make application for such a grant, (b) if awarded, to execute a grant agreement with the State for a grant in an amount not less than $3,800.00 and not more than $3,800.00 and

(c) to execute any amendments thereto and any amendments thereto which do not increase the Grantee’s obligations.

The Rockaway Township Council authorizes and herby agrees to match 50% of the Total Project Amount, in compliance with the match requirements of the

agreement. The availability of the match for such purposes, whether cash, services, or property, is hereby certified 50% of the match can be made up of in-kind services (if allowed by grant program requirements and the agreement).

The Grantee agrees to comply with all applicable federal, State, and municipal laws, rules, and regulations in its performance pursuant to the agreement.


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RESOLUTION NO. R-15-90 RESOLUTION AUTHORIZING THE ACCEPTANCE OF A FEDERAL

EMERGENCY MANAGEMENT AGENCY (FEMA) HAZARD MITIGATION GRANT AUTHORIZED BY THE STATE OF NEW JERSEY

FOR THREE (3) PUMP STATION EMERGENCY GENERATORS. WHEREAS, the Township of Rockaway, (Township) submitted an

application to the State of New Jersey Office of Emergency Management (State) for financial assistance in the planned purchase and installation of

three emergency generators at three pump stations which are to be installed near 1 North Lake Shore Drive, 34 North Lake Shore Drive and 189 West Lake Shore Drive; and

WHEREAS, the State has offered to award the Township FEMA Hazard Mitigation Grant money, which has been made available to the State

of New Jersey (State) by the Federal Government, to assist in the funding of the purchase and installation of the pump stations aforesaid conditional

upon the Township entering into a "Sub-Grant Agreement" naming the State as the Grantee and the Township as the SubGrantee; and

WHEREAS, by the terms and conditions of the Sub-Grant Application

and Agreement the Township is required to pledge a matching contribution in an amount not to exceed $66,230.00 to fund the project, which funds are

available to the Rockaway Township Office of Emergency Management through the Sewer Reserve Account; and

WHEREAS, the Township desires to authorize the acceptance of the

Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant and to enter into the Sub-Grant Agreement aforesaid which projects a total expenditure of $166,230.00 (Federal Share $100,000.00, non-federal Share

$66,230.00) for the three emergency generators.

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 of Rockaway hereby accepts the

State/Grantee’s award of the Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Award in the amount of one-hundred,

sixty-six thousand, and two-hundred and thirty dollars ($166,230.00)


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and authorizes the Mayor to execute the Sub-Grant Agreement between the State of New Jersey and the Township of Rockaway.

2. The Township of Rockaway authorizes an expenditure of $100,000.00 constituting the FEMA grant share of the emergency

generator project from capital account C-06-55-214-001 and further authorizes additional expenditures not to exceed $66,230.00, which shall be paid from the Sewer Reserve Account.

3. The Mayor, Township Clerk and Township Business Administrator, together with all other officials, professionals and

employees of the Township, are hereby authorized and directed to take any and all steps necessary to effectuate the purposes of this Resolution.

4. This Resolution shall take effect immediately.



R-15-91

RESOLUTION AMENDING R-15-18 WHICH GRANTED AUTHORIZATION

TO RETAIN PROFESSIONAL SERVICES THE COST OF WHICH IS

ANTICIPATED TO EXCEED $1 7,500 IN ACCORDANCE WITH THE LOCAL

PUBLIC CONTRACTS LAW

WHEREAS, the N.J.S.A 40A:11-1 et seq. known as the Local Public Contracts Law,

requires that all Contracts or Agreements for the performance of any work, shall not be made or

awarded unless Public advertising for Bids and bidding, therefore, is solicited; and

WHEREAS, N.J.S.A. 40A:11-5 provides that any Contract or Agreement may be made,

negotiated or Awarded without Public advertising for Bids and bidding, if the subject matter,

therefore, consists of Professional Services to be rendered or performed by a person authorized

by Law to practice a recognized profession; and

WHEREAS, by passing Resolution 15-18 the Township of Rockaway confirmed that it

has an ongoing need for such Professional Services and the right to award contracts to professionals in a non-fair and open process pursuant to the provisions of N.J.S.A. 19:44A-20.5.

WHEREAS, the Business Administrator has previously determined and certified in

writing that the value of the aforementioned professional services contracts are anticipated to

exceed $17,500.


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WHEREAS, the Township wishes to add Keller & Kirkpatrick , Inc. to the list of the

professionals authorized to perform engineering services which list is set forth in R-15-18;

WHEREAS, the contract is subject to the receipt of an appropriate Business Entity

Disclosure Certification and the Professional’s compliance with all applicable law.

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

of Rockaway as follows:

A. In accordance with the provision of N.J.S.A. 40A:11-1, Rockaway Township

Resolution 15-18, which was passed on January 6, 2015, is hereby amended to add

Keller & Kirkpatrick, Inc. to the list of professionals with whom the Township may

contract to perform engineering services without the Township advertising for and

receiving Bids for such work, and that the Mayor and Township Clerk are hereby

authorized to sign and enter into the same on behalf of the Township of Rockaway:

B. The award of this contract is subject to Keller & Kirkpatrick, Inc. completing and

submitting an appropriate Business Entity Disclosure Certification which certifies

that said business entity has neither made a contribution that is reportable pursuant to

the Election Law Enforcement Commission, pursuant to N.J.S.A. 19:44A-8 or

19:44A-16, in the one (1) year period preceding the award of the contract that would,

pursuant to P.L. 2004 c.19 affect its eligibility to perform this contract, nor will it

make a reportable contribution during the term of the contract or any political party

committee in the Township of Rockaway if a member of that political party is

serving in an elective public office of the Township of Rockaway when the contract

is awarded, or to any candidate committee of any person serving in an elective

public office of the Township of Rockaway when the contract is awarded.

C. The award of this contract is further subject to Keller & Kirkpatrick, Inc.’s

compliance with all other provisions of applicable law.

D. This Resolution shall be printed once in the Official Newspaper of the Township of

Rockaway.

R. This Resolution shall take effect as provided herein.


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RESOLUTION # R-15-92

REDEMPTION OF TAX TITLE LIEN C#14-047

WHEREAS, the Tax Collector’s Office has received payment for redemption of Tax Title Lien #14-047 on Block: 21301 Lot: 156 known as: 44 Upper Mountain Ave. in the name of: Azar. WHEREAS, reimbursement is now required to be made to the following Lien Holder, FIG CAPITAL INVESTMENTS NJ 13, LLC 8323 RAMONA BLVD WEST SUITE 2 JACKSONVILLE, FL 32221 From Tax Lien Redemption Account, Lien, Penalty, Interest and Costs:

TAX TITLE LIEN: $1,230.70

PREMIUM: $1,300.00

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: $ 2,530.70 made payable to:

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

RESOLUTION NO. R-15-93

APPROVING THE SALE BY WAY OF AUCTION PURSUANT TO N.J.S.A.

40A:12-13(a) OF REAL PROPERTY IDENTIFIED ON THE OFFICIAL TAX

MAP OF THE TOWNSHIP OF ROCKAWAY AS LOT: 25 BLOCK: 20504 BEING MORE COMMONLY KNOWN AS 48 WEST LAKE SHORE DRIVE TO

SOPHIA AND GEORGE SAVRAMIS

WHEREAS, on March 10, 2015 pursuant to N.J.S.A. 40A:12-13 (a) the

Township of Rockaway (Township) did authorize, by the passage of Resolution 15-68, the auction of real property, which is located within the Township and is known as Block: 20504, Lot: 25 on the Official Tax Map of the

Township, more commonly known as 48 West Lake Shore Drive; and

WHEREAS, in compliance with applicable law, the Township

provided public notice of the auction, which was scheduled to


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commence at 3:00 PM on April 7, 2015 at the Township Municipal Building, which auction was held as scheduled; and

WHEREAS, one bid in the amount of $11,610.00 for the subject real property was made by Sophia & George Savramis (Savramis), who

reside at and own the property located at 50 West Lake Shore Drive, which bid was received and accepted by Township as meeting the financial terms required by Resolution 15-68; and

WHEREAS, in compliance with the requirements of Resolution 15-68, Savramis made a cash deposit of $1200.00 in furtherance of their purchase of

the subject real property, which deposit was formally received by the Township's Assistant Business Administrator; and WHEREAS, the Township desires to authorize and approve the sale of

the subject real property identified as Block: 20504, Lot: 25 on the Official Tax Map of the Township, which is more commonly known as 48 West Lake Shore Drive to Savramis.

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 sale of the real property identified as Block: 20504, Lot: 25 on the Official Tax Map of the Township, which is more commonly known as 48 West Lake Shore Drive

to Sophia and George Savramis in the amount of $11,610.00.

2. The sale/purchase is subject to and conditional upon the

Savramis’ compliance with all of the terms and conditions set forth in Resolution 15-68.

3. 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

4. This Resolution shall take effect immediately. REPORTS: Mr. Minenna: He attended, in place of the Mayor, an Eagle Scout Ceremony which was very impressive. Mr. Jedynak: He referred to a letter from Morris Habitat advising that they will not be building on Green Pond Road. He asked if we have to amend the spending plan. Mr. Rogers: No report, but he was happy to help Fox Hills with their problem. Dr. Gellman: All is well in the fourth Ward.


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Mr. Berman: Everything is good in Ward 3. He mentioned that the potholes are the worse he has seen and is glad the road department is attempting to repair them. Mr. Quinn: He thanked the Engineering Department for getting New Jersey Natural Gas to fill the potholes they created while installing the gas lines in his area. This past Saturday was the annual parade for the opening day of baseball and softball. Approximately 1,500 attended this. It was a chilly day, but fun. The school band was wonderful. He gave kudos to the recreation department for a great job they did on the fields. Council President Antonelli: He hoped all had a Happy Easter. Regarding Morris Habitat withdrawing their plans to build Green Pond Mews, he feels this is unfortunate. Mr. Poff advised that we will not have to amend our spending plan until another project is proposed, noting that Morris Habitat may have an interest in another piece of property in Rockaway Township. We have not used any of the money from the Affordable Housing Trust Fund. Attorney Iaciofano: He thanked Mr. Rogers and Mr. Minenna for their assistance with the Fox Hills emergency. He also thanked Mr. Lutz for his knowledge of the property. Mr. Poff: Regarding Resolution R-15-90, we received notice that we were awarded $100,000 in a federal grant. He complimented the police department and the emergency management team. This is a very important piece of equipment. During Superstorm Sandy, the men were working round the clock to keep things working, now we will have the much needed generators. He recognized Robert Sheard, Water Superintendent, for his expertise on the technical requirements. Mr. Lutz: No report. Mrs. Palmieri: No report. Mr. Tabbot: The Department of Community Services will be giving away seedlings on Arbor Day. He urged all to plant a tree. The Clean Communities will hold their annual clean-up day on April 25, 2015. On behalf of Mr. Fiorilla, he thanked the fire

department and police department for the great job they did for the Opening Day of Baseball parade. Captain McParland: He announced that Route 80 will be re-paving during the evenings until July. There will be lane closures. The Substance Alliance will be holding a Flapjack Breakfast on April 19, 2015 at Applebee’s Restaurant as a fund raiser from 7:30 a.m. until 10:00 a.m.


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Mr. Mason: No repot. No further business to attend to this meeting, a motion was made by Dr. Gellman, seconded by Mr. Minenna to adjourn this meeting at 8:00 p.m. Said motion was unanimously passed. Respectfully submitted, Susan Best, RMC Township Clerk


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Documents

TOWNSHIP OF ROCKAWAY - E-Gov · PDF filetownship of rockaway regular meeting april 14, 2015 2 | p a g e improvement bonds or notes of the township of rockaway to finance the same