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October 7, 2008

 

A Regular Meeting of the Township Council of the Township of Roxbury was held on October 7, 2008 at 1715 Route 46, Ledgewood, New Jersey at 7:30 PM.

 

OPEN PUBLIC MEETING STATEMENT

Adequate notice of this meeting of the Township Council of the Township of Roxbury was given as required by the Open Public Meetings act as follows:  Notice was faxed to the Daily Record, the Newark Star Ledger and the Roxbury Register on January 8, 2008; notice was posted on the bulletin board in the main hallway of the Municipal Building on January 8, 2008.

 

ROLL CALL (Present):  Mayor Timothy Smith, Deputy Mayor Kathy DeFillippo, Councilmen Gary Behrens, Fred Hall, Jim Rilee, Richard Zoschak, and Martin Schmidt

 

Also Present:  Christopher Raths, Township Manager; Anthony Bucco, Township Attorney; and BettyLou DeCroce, Township Clerk

 

APPROVAL OF MINUTES

August 12, 2008 - Executive Session

August 19, 2008 - Neighborhood Meeting

August 26, 2008 - Workshop Meeting

September 9, 2008 - Executive Session

 

Mr. Schmidt made a motion to approve the minutes as listed above.  Mr. Rilee seconded the motion.

 

Roll Call:          Mr. Schmidt – Yes                               Mr. Rilee - Yes

Mr. Behrens – Yes                               Deputy Mayor DeFillippo - Yes  Mr. Hall – Yes                                     Mr. Zoschak – Abstain             Mayor Smith – Yes, with an abstention on August 26, 2008

 

Motion carried 6 to 0 with one abstention on August 12, 2008, one abstention on August 9, 2008, two abstentions on August 26, 2008, and one abstention on September 9, 2008.

 

 

PUBLIC PORTION

None

 

 

REPORTS OF COUNCIL LIAISON REPRESENTATIVES, COUNCIL COMMITTEES AND NEW BUSINESS/OLD BUSINESS

Mr. Hall read the following letter stating his appreciation for the support his family received when his wife was injured:

 

“On behalf of my family, I just want to take a few moments to express my sincere and heartfelt gratitude and appreciation to the countless number of friends, neighbors and well wishers that went out of their way to help my wife during her recent accident.

 

As everyone on this council knows, this incident has placed a significant strain on my family.  The overwhelming support from the community including this council, the police, the emergency services teams, the family of support at St. Therese Church and School, the Township staff, and from our dear, dear friends and neighbors has been an enormous help to us as my wife continues on her road to recovery.  We are deeply touched and forever grateful for the kindness and compassion that you have all provided to us.

 

This incident has reconfirmed my belief that we live in a wonderful community with compassionate people.  I realize more than ever how special it is to represent Roxbury and I am very proud to live in a community of so many caring people. 

 

Thank you again for all your kind hearts.”

 

Mr. Zoschak stated that the Lake Hopatcong Commission sent layoff notices to all employees of the commission.  He stated that they are still trying to get funding to keep their administrative aide employed.

 

Mr. Zoschak stated that he received a complaint about vandalism, graffiti and garbage at the Shore Hills Park.  Mr. Zoschak stated that he met Mr. Raths at the location yesterday and they are addressing the situation.

 

Mr. Rilee stated that the Township’s COAH committee is meeting tomorrow night.  The Township’s plan to meet its obligation must be approved by the Planning Board, as well as by the Council, and submitted to COAH before the end of the year.  Mr. Rilee stated that he felt that the proposed plan was successful and will not negatively impact the municipality.

 

Deputy Mayor DeFillippo stated that there is an Economic Development Committee meeting and a Master Plan meeting scheduled for October 23, 2008.  She recommended that a Public Notice of the meeting be advertised.

 

Mr. Zoschak made a motion to advertise a Public Notice of the Economic Development Committee meeting and the Master Plan meeting of October 23, 2008.  Mr. Hall seconded the motion.

 

Roll Call:          All In Favor – Yes

 

Motion carried 7 to 0.

 

 

Deputy Mayor DeFillippo stated that the recently installed Berkshire Valley Playground equipment already has graffiti on it.

 

Mr. Zoschak stated that he would be unable to attend tomorrow’s scheduled tour of the Nutrition Center due to another commitment.

 

Mayor Smith stated that Open Space Committee members, along with officials from Morris County, toured the McNear property last Saturday.

 

Mayor Smith reminded the Council that Senator Bucco is sponsoring a ‘Troop Drive’ if anyone would like to contribute items to our military troops.  Mr. Raths stated that there would be a basket at Town Hall to collect donated items to be sent to the troops.

 

Mayor Smith stated that he has documentation regarding state recommendations for the purchase of fire trucks.  The information will be available in the Township Manager’s office for review.

 

Mayor Smith stated that Pam Oltman of the Jefferson School Environmental Committee is being recognized by the MUA at their Recycling Awards dinner on Friday, November 7, 2008.

 

Mr. Raths stated that the Township is going out to bid for proposals for banking services, which will include credit card payments for collection.

 

Mr. Raths stated that we are waiting for a static IP address from Cablevision in order for the cameras at Horseshoe Lake to become activated.

 

A.  New Business

None

 

B.  Old Business

Procurement PolicyNo discussion

 

Roxbury Performing Arts Center - Mayor Smith stepped down when the discussion about the Roxbury Performing Arts Center license started.  Mr. Rilee stated that the length of the lease is the only outstanding issue.  The Council agreed to a ten-year lease, after which there will be a one year cancellation clause for convenience reasons, and a ninety-day termination clause for cause.  Mr. Rilee asked what rights the Township has if they consider an event to be inappropriate.  Mr. Bucco quoted from the agreement, “Licensor reserves the right to prohibit any use of the premises which, in its sole discretion, it deems unacceptable”.  Mr. Bucco stated that the Naming Rights policy, which will be attached to the agreement, addresses bank mergers.  Mr. Bucco stated that he would present a resolution to the Council after the Alliance executes the License Agreement and submits their insurance information. 

 

Mr. Smith addressed the council as a member of the Roxbury Performing Arts Center.  He stated that he felt that the agreement should allow the Arts Alliance the ability to plan on a multi-year basis, but that since it can be renegotiated after the conclusion of the initial ten-years, the most important thing to do is to get the project past the Planning Board stage and proceed with the process.

 

Mr. Hall congratulated Mayor Smith on his efforts in putting the Roxbury Performing Arts Center initiative together.

 

Deputy Mayor DeFillippo stated that the Mayor’s name is incorrect on her draft.  Mr. Bucco stated that the Deputy Mayor’s name would be on the final agreement.

 

MATTERS REQUESTED/REFERRED BY COUNCIL MEMBERS, MANAGER, ATTORNEY OR CLERK

2009 Township Calendar

The Council discussed meeting date changes in November and December of 2009. There will be meetings on November 10, December 1, and December 15, 2009.  Deputy Mayor DeFillippo will submit the Neighborhood Meeting dates to the Clerk’s office next week.

 

DRAFT ORDINANCES FOR DISCUSSION

None

 

INTRODUCTION OF PROPOSED ORDINANCES

None

 

HEARING AND ADOPTION OF ORDINANCES ON SECOND READING

13-08               AN ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER VII, TRAFFIC, OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF ROXBURY, COUNTY OF MORRIS, STATE OF NEW JERSEY

 

Mr. Zoschak made a motion to open Ordinance 13-08 to the public.  Mr. Schmidt seconded the motion.

 

Roll Call:          All in Favor - Yes

 

Motion carried 7 to 0.

 

 

No public comment

 

Mr. Zoschak made a motion to close Ordinance 13-08 to the public.  Mr. Schmidt seconded the motion.

 

Roll Call:          All in Favor - Yes

 

Motion carried 7 to 0.

 

 

Mr. Zoschak made a motion to adopt Ordinance 13-08.  Mr. Schmidt seconded the motion.

 

Roll Call:          Mr. Zoschak  – Yes                 Mr. Schmidt – Yes

Mr. Behrens - Yes                    Deputy Mayor DeFillippo – Yes

Mr. Hall – Yes                         Mr. Rilee – Yes                       

Mayor Smith – Yes

 

Motion carried 7 to 0.

 

 

14-08               AN ORDINANCE AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY, KNOWN AS BLOCK 4102, LOT 2 AND BLOCK 5503, LOT 1, LOCATED ALONG EMMANS ROAD, IN THE TOWNSHIP OF ROXBURY,

COUNTY OF MORRIS AND STATE OF NEW JERSEY

 

Mr. Zoschak made a motion to open Ordinance 14-08 to the public.  Deputy Mayor DeFillippo seconded the motion.

 

Roll Call:          All in Favor – Yes

 

Motion carried 7 to 0.

 

 

No public comment

 

 

Mr. Zoschak made a motion to close Ordinance 14-08 to the public.  Mr. Schmidt seconded the motion.

 

Roll Call:          All in Favor – Yes

 

Motion carried 7 to 0.

 

 

Mr. Zoschak made a motion to adopt Ordinance 14-08.  Mr. Schmidt seconded the motion.

 

Roll Call:          Mr. Zoschak – Yes                  Mr. Schmidt – Yes

Mr. Behrens - Yes                    Deputy Mayor DeFillippo – Yes

Mr. Hall – Yes                         Mr. Rilee – Yes                       

Mayor Smith – Yes

 

Motion carried 7 to 0.

 

 

DRAFT RESOLUTION FOR DISCUSSION

None

 

 

 

 

 

INTRODUCTION AND ADOPTION OF RESOLUTIONS

08-425             A RESOLUTION INCORPORATING BY REFERENCE HEREIN AND APPROVING THE FOLLOWING NUMBERED RESOLUTIONS LISTED ON THE WORKSHOP COUNCIL MEETING AGENDA FOR THIS DATE: 08-426, 08-427, 08-428, 08-429, 08-430, 08-431, 08-432, 08-433, 08-434, 08-435, 08-436, 08-437, 08-438, 08-439, 08-440, 08-441, 08-442

 

Mr. Rilee made a motion to adopt Resolution 08-425.  Mr. Zoschak seconded the motion.

 

Roll Call:          Mr. Rilee – Yes                        Mr. Zoschak – Yes

Mr. Behrens - Yes                    Deputy Mayor DeFillippo – Yes

Mr. Hall – Yes                         Mr. Schmidt – Yes                  

Mayor Smith – Yes

 

Motion carried 7 to 0.

 

 

08-426             A RESOLUTION AUTHORIZING THE RELEASE OF A PERFORMANCE GUARANTEE POSTED FOR RIGHT-OF-WAY EXCAVATION PERMIT NO.RO-06-08-052, 268 EYLAND AVENUE; BLOCK 1001, LOT 2

 

08-427             A RESOLUTION AUTHORIZING THE RELEASE OF A PERFORMANCE GUARANTEE POSTED FOR RIGHT-OF-WAY EXCAVATION PERMIT NO. MAY2307-B 1278 ROUTE 46 LEDGEWOOD; BLOCK 7502, LOTS 6 & 7

 

08-428             A RESOLUTION AUTHORIZING THE RELEASE OF A PERFORMANCE GUARANTEE POSTED FOR RIGHT-OF-WAY EXCAVATION PERMIT NO. RO-08-08-110, 33 HONEYMAN DRIVE, SUCCASUNNA; BLOCK 3005, LOT 11

 

08-429             A RESOLUTION AUTHORIZING THE RELEASE OF A PERFORMANCE GUARANTEE POSTED FOR RIGHT-OF-WAY EXCAVATION PERMIT NO. RO-08-08-111, 5 TANIA CT., SUCCASUNNA; BLOCK 4801, LOT 34

 

08-430             A RESOLUTION AUTHORIZING THE REFUND OF UNUSED ENGINEERING INSPECTION FEES TO KUIKEN BROTHERS CO., INC. FOR THE PROJECT KNOWN AS KBC PROPERTIES, LLC LOCATED AT 33A ROUTE 10 EAST, SUCCASUNNA; BLOCK 1905, LOTS 11, 13 & 14

 

08-431             A RESOLUTION AUTHORIZING THE RELEASE OF A PERFORMANCE GUARANTEE POSTED FOR RIGHT-OF-WAY EXCAVATION PERMIT NO. RO-08-08-097, 12 HENRY ST., SUCCASUNNA; BLOCK 3001, LOT 5

 

08-432             A RESOLUTION AUTHORIZING THE RELEASE OF A PERFORMANCE GUARANTEE POSTED FOR RIGHT-OF-WAY EXCAVATION PERMIT NO. RO-09-08-119, 19 HAMPTON CT., FLANDERS; BLOCK 9203, LOT 22

 

08-433             A RESOLUTION AUTHORIZING THE RELEASE OF A PERFORMANCE GUARANTEE POSTED FOR RIGHT-OF-WAY EXCAVATION PERMIT NO. RO-08-08-114, 11 PLEASANT HILL RD., SUCCASUNNA; BLOCK 1304, LOT 9

 

 

 

08-434             A RESOLUTION AUTHORIZING THE RELEASE OF A PERFORMANCE GUARANTEE POSTED FOR RIGHT-OF-WAY EXCAVATION PERMIT NO. RO-09-08-120, 36 HUNTER ST., SUCCASUNNA; BLOCK 3603, LOT 30

 

08-435             A RESOLUTION AUTHORIZING THE EXECUTION OF AN

INDEMNIFICATION AGREEMENT BETWEEN WELLFLEET

DEVELOPERS, INC. AND THE TOWNSHIP OF ROXBURY FOR THE VILLAGES AT ROXBURY SUBDIVISION

Mr. Hall asked what protection the Township has after the project is completed.  Mr. Bucco stated that Wellfleet must continue to indemnify the Township if damages or other problems occur as a result of their work.  Mr. Bucco stated that there is also a requirement to post a performance bond within the Developer’s Agreement.

 

08-436             A RESOLUTION AMENDING 08-417 AUTHORIZING THE RELEASE OF A CASH BOND POSTED IN CONNECTION WITH THE APPROVAL OF A SITE PLAN FOR BMW/FNC REALTY BLOCK 5301, LOT 14 PBA-08-009

 

08-437             A RESOLUTION AUTHORIZING THE REFUND OF CONSTRUCTION PERMIT FEES TO DOUGLAS NAVAN, 22 JEFFERSON DRIVE, FLANDERS; BLOCK 7903, LOT 6

 

08-438             A RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT TO BILL LEARY AIR CONDITIONING AND HEATING FOR THE HVAC ALTERATIONS AND UPGRADES AT THE ROXBURY PUBLIC LIBRARY

Mr. Hall stated that he had thought the Township’s cost share of this project was half of the total amount.  Mr. Raths stated that the Library and the Township split the cost of the first phase only; the Township is fully funding the rest of the project.  Deputy Mayor DeFillippo asked about the bids for the 7.5-ton HVAC rooftop unit.  Mr. Raths stated that if there had been sufficient funds, we may have replaced the 7.5-ton unit, but the library is keeping the existing 7.5-ton unit and replacing only the 30-ton unit.  Mr. Schmidt publicly thanked the Township Construction Official, Mr. Rod Schmidt, for his efforts in bringing this project to completion. 

 

08-439             A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A DEED OF SIDEWALK DEDICATION FROM 200 ROUTE 10 LLC, 118 MAIN STREET, INC. AND 112 MAIN STREET, LLC OVER PORTIONS OF LOTS 9, 12, AND 13 IN BLOCK 5201 IN THE TOWNSHIP OF ROXBURY

Mr. Rilee stated that past practice has been to decline the acceptance of sidewalks and asked why we were taking this action now.  Mr. Raths stated that this is a unique situation because we have trees and other encumbrances that are on Merry Heart’s private property.  Mr. Bucco stated that the easement across private property is necessary because it is not in the right-of-way.  Mr. Raths passed out a map showing the areas and stated that, by accepting these small sections of sidewalk, the public will have the right to walk on the sidewalks.  Mr. Raths stated that the Township is not responsible for maintenance of the sidewalk.  This action is also necessary because it was a mandatory condition set forth by the Board of Adjustment.

 

08-440             A RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES TO KINSEY ASSOCIATES FOR PREPARATION OF CONTRACT DRAWINGS AND SPECIFICATIONS FOR SPORTS LIGHTING CONTRUCTION AT HORSEHOE LAKE SOCCER FIELD #11.

Mr. Rilee stated that he would like to see the Township solicit more than one quote for projects under the bid threshold to ensure that we are getting the best price.

08-441             A RESOLUTION AUTHORIZING THE EXECUTION OF NJ TRANSIT PERMIT NO. P1427-4497-01 AUTHORIZING THE INSTALLATION, OPERATION, AND MAINTENANCE OF A WATER MAIN EXTENSION CROSSING THE MORRISTOWN LINE LOCATED WITHIN THE CONFINES OF SHIPPENPORT ROAD IN REGARDS TO THE VILLAGES AT ROXBURY SUBDIVISION

Mr. Rilee asked if this Resolution was acceptable to Mr. Bucco.  Mr. Raths stated that Mr. Bucco prepared it.

 

08-442             A RESOLUTION AUTHORIZING THE PAYMENT OF BILLS     

 

PERSONNEL CHANGES

Memo dated October 1, 2008

 

COMMUNICATIONS

September 26, 2008

#6  Correspondence from Melissa Niglio Gelade, of Stern & Kilcullen, LLC, to Mayor and Council, dated September 22, 2008, re:  Tower Hill Associates, LLC, Preliminary Major Subdivision Approval; Block 3602, Lot 9

Mr. Rilee asked about taking action on this.  Ms. DeCroce stated that this will need to be addressed through the adoption of a resolution.  Mr. Bucco will draft a resolution.

 

#9  Correspondence from Ghassan Y. Sudah, Assistant to the Township Engineer, to Donald A. Watt, VP, TransOption, Inc., dated September 18, 2008, re:  2007-2008 TransOptions; Transportation Demand Management (TDM); Municipal Initiative Grant Program

Mr. Hall asked who made the decision to put the bike rack at Lincoln/Roosevelt School.

 

#10 Correspondence from Eileen Swan, Executive Director, NJ Highlands Council, to Mayor Smith, dated September 23, 2008, re:  Highlands Regional Master Plan (additional information)

Mr. Hall stated that this item should be discussed at the Saturday planning meeting and should be added to our list of priorities for the coming year.

 

#15 Correspondence from William Roehrich, Chairman, Morris County Agriculture Development Board, dated September 18, 2008, re:  90 Day Municipal Notification of Targeted Farms

Mr. Rilee asked if the Open Space Committee is aware of the two Roxbury farms that are on this list.  Mr. Raths stated that the County has been notified that “Gottdiener Assoc Ltd Partnership” is no longer under the same ownership and   should not be on the list. 

 

October 3, 2008

#1, item V  Banking Services

Mr. Rilee asked about the fees we will be charging for these services.  Mr. Raths stated that we would compare potential fees with those of other municipalities.

 

#2  Correspondence from BettyLou DeCroce, Township Clerk, to Mayor and Council, dated October 1, 2008, re:  North Jersey Health Insurance Fund dividend check

Mr. Zoschak thanked Ms. DeCroce for her efforts in getting money back.

 

#3 Correspondence from BettyLou DeCroce, Township Clerk, to Mayor and Council, Township Manager and CFO, dated October 1, 2008, re:  TAB Group

Mr. Zoschak complimented Ms. DeCroce for doing a great job and saving money.  Mr. Rilee stated that he agreed with Ms. DeCroce’s proposal to charge the $2.40 retrieval fee to the requestor.

 

#5  Correspondence from BettyLou DeCroce, Township Clerk, to Anthony Bucco, Esq., Township Attorney, dated October 1, 2008, re:  Township Welcome Sign program

Mr. Bucco stated that the memorandum from 2005 clearly states that the Township is responsible for maintenance of the signs.

 

#6  Correspondence from Michael Kobylarz, Township Engineer, to Mr. Samuel Cherrington, Director of Accounts Payable, New Jersey Transit, dated October 1, 2008, re:  Port Morris Rail Yard; Invoice – Unmetered Water Consumption

Mr. Rilee asked for this item to be included in the weekly ‘Information Update’.  Mr. Smith stated that the Water and Sewer Committee is following this, as well.

 

#10 Correspondence from Donna Burham, Clinton Township Clerk, to BettyLou DeCroce, Roxbury Township Clerk, dated September 17, 2008, re:  Shared Service Agreement for litigation expense and representation in connection with a legal challenge to the validity of the regulations adopted by COAH

Mr. Zoschak stated that he had thought the Township had pledged $5,000.00 for this shared initiative.  Mr. Raths and the Council members confirmed that we had pledged $7,000.00.  Since it is unknown how many municipalities will opt in, Mr. Rilee stated that the agreement should specify the maximum amount of money that the litigation will cost, as opposed to requesting set fees from individual municipalities.  Mr. Bucco stated that there is a clause in Roxbury’s agreement asking for a refund of any unexpended funds.

 

#14 Mayors Fax Advisory, dated September 29, 2008, re:  A-2731 Expedited Traffic Signs Approvals

Mr. Raths will prepare a resolution in support of A-2371/S-1908 for the next meeting.  Deputy Mayor DeFillippo asked if this would help in regard to concerns on Route 206.  Mr. Raths stated that it would not apply to traffic lights on state highways.

 

PUBLIC PORTION

Mr. Kluska

274 Emmans Road, Flanders

Mr. Kluska recommended that we mention to the Library Board that their scheduling of events on Tuesday nights conflicts with the Council meetings.

 

Mayor Smith closed the Public Portion of the meeting.

 

 

EXECUTIVE SESSION

08-443             A RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF ROXBURY, IN THE COUNTY OF MORRIS, NEW JERSEY AUTHORIZING CONFERENCE OF THE TOWNSHIP COUNCIL WITH THE PUBLIC EXCLUDED

 

At 8:35 PM, Mr. Rilee made a motion to adopt Resolution 08-443 for Executive Session.  Mr. Zoschak seconded the motion.

 

Roll Call:          Mr. Rilee – Yes                        Mr. Zoschak - Yes

Mr. Behrens – Yes                   Deputy Mayor DeFillippo – Yes

Mr. Hall – Yes                         Mr. Schmidt – Yes

Mayor Smith - Yes

Motion carried 7 to 0.

 

Council returned to the meeting at 9:40 PM.

 

 

 

 

ADJOURNMENT

At 9:40 PM, Mr. Rilee made a motion to adjourn the Regular Meeting.  Mr. Schmidt seconded the motion.

 

Roll Call:  All In Favor – Yes

 

Motion Carried 7 to 0.

 

 

 

 

Submitted By:

 

 

 

 

________________________________

BettyLou DeCroce

Township Clerk

 

 

MINUTES APPROVED BY COUNCIL

DATE:                        December 2, 2008

ROLL CALL:            Mr. Zoschak – yes       Mrs. DeFillippo – yes

                                    Mr. Hall – yes              Mr. Rilee – yes

                                    Mayor Smith - yes