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January 13th, 2009

 

A Regular Meeting of the Township Council of the Township of Roxbury was held on January 13, 2009 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 December 17, 2008; notice was posted on the bulletin board in the main hallway of the Municipal Building on December 17, 2008.

 

ROLL CALL (Present):  Mayor Kathy DeFillippo, Deputy Mayor Jim Rilee, and

Councilmen Gary Behrens, Fred Hall, Martin Schmidt, Tim Smith and Richard Zoschak

 

ALSO PRESENT:  Christopher Raths, Township Manager; Anthony Bucco, Township Attorney; and BettyLou DeCroce, Township Clerk

 

APPROVAL OF MINUTES

Regular Meeting December 2, 2008

 

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

 

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

                        Mr. Behrens – Yes                   Mr. Hall - Yes

Deputy Mayor Rilee – Yes       Mr. Zoschak – Yes

                        Mayor DeFillippo – Yes

 

Motion carried 7 to 0.

 

PUBLIC PORTION

None

 

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

A.  New Business

 

B.  Old Business

1.  Procurement Policy

Mr. Bucco is working on the Policy.

 

C.  Presentation

1.  Suburban Furniture Appreciation -Marty Brooks MUA recycler of the year

Mayor DeFillippo presented a Certificate of Appreciation to Marty Brooks from Suburban Furniture.

 

2.  Joe McKeon – Tax Assessor

Mr. McKeon gave an overview of the Township of Roxbury Tax Assessment Department.  The presentation consisted of:

 

a.  Personnel – Tax Assessors office consists of Assessor, Assistant, and Secretary

b.  General Office Policies – Compliance with State Statutes, Maximize Added Assessments, Minimize Appeal Costs, Professionalism

c.  2008 Added Assessments – by looking at properties that had permits, but did not have CO’s since the year 2000, there were 325 Added Assessments in 2008.

d.  2008 Tax Appeals – eleven tax appeals were filed, of which, one withdrew; two proceeded to State Tax Court; two proceeded to the County Tax Board; and six were given stipulations.  Mr. McKeon reviewed, in detail, each of the properties and the reasons they were given stipulations.  He also reviewed the ongoing State Tax Appeals.

 

Mr. Zoschak asked about the affect of foreclosures on the tax base or the appeals process in the future.  Mr. McKeon stated that foreclosed properties become classified as non-useable, therefore cannot be used for comparable sales and would not help win a tax appeal.  If the number of foreclosures becomes significant, the value of all properties would decrease, in which case, there would be a basis for tax appeals.  Mr. McKeon explained equalization ratios and the current property values.  If decreasing property values remain in the allowable range, a tax appeal would be unsuccessful.

 

Councilman Rilee recused himself from the meeting when Mr. McKeon discussed the Bottle King property.

 

Councilman Rilee returned to the meeting upon the conclusion of the Bottle King discussion.

 

Mr. Bucco, Township Attorney, arrived at 8:00 PM.

 

3.  Proclamation – Radon Awareness Month

Mayor DeFillippo read the Proclamation.                          

 

Mr. Schmidt stated that the Environmental Commission met and is in the advanced stages of the municipal Community Garden project.  They will come before Council for approval.

 

Mr. Schmidt stated that he would be attending “Forum for our Future” meeting on January 29, 2009, at the County College of Morris.  Mr. Raths stated that he plans on attending the Forum, also.

 

Mr. Zoschak asked for an update on McNear.  Mr. Bucco stated that McNear has two different attorneys representing different members of the family.  He stated that he received correspondence from one of the McNear attorneys proposing several changes to the contract.  After discussing the changes, he spoke to the other attorney and believes that they may be able to resolve those issues raised.  The issues will be discussed at a meeting between the attorneys later this week.

 

Mr. Zoschak stated that the Landing seawall should be completed within one to two weeks.

 

Mr. Zoschak congratulated Fire Company #1 for the recognition they received in a recent newspaper article for their many accomplishments and volunteerism.

 

Mr. Zoschak stated that the Lake Hopatcong Commission meeting being held next week would be on Tuesday instead of Monday because of the Martin Luther King Holiday.  As a result, he will be unable to attend the Council meeting scheduled for the same evening.    Mr. Zoschak stated that there would be discussions in the future pertaining to boat fees.  He would like Council members to let him know their opinion on the fees and taxes that are being considered.

 

Mr. Smith stated the Open Space Committee contract with the Swim & Sport Club is ready.  Further, Mr. Smith discussed the development of trails in the Township and was glad to see this moving forward.  He stated that the Recreation Committee would be a more appropriate forum for matters involving land already owned by the Township, because the Open Space Committee’s focus is on land acquisition.

 

Mr. Schmidt stated that when he was a member of the former Trails Committee, recommendations were discussed with the Council and then given to the Manager to handle.  Mr. Schmidt stated that he felt that discussions involving trails should not be included on Open Space Committee agendas.  He stated that Trails should remain the responsibility of the Township manager, as it was in the past.  Mr. Raths stated that this came about through an Open Space conference on Trails and that this particular trail system is going through some of the open space in the Township; therefore, he included it with the Open Space Committee agenda. 

 

Mr. Behrens stated that he, Mr. Raths, the Zoning Officer and the Police Department, have been addressing concerns with a Lower Berkshire Valley resident regarding ongoing issues.

 

 Mr. Behrens also stated that he actually witnessed, and took pictures of, the Kenvil rail site using forklifts to move bricks into tractor trailers and storing them at the site.  Mr. Raths spoke with and forwarded the photographs to the County Administrator, who stated that he was unaware that this was taking place.  A meeting between the Township and the M&E Railroad has been scheduled for Friday to discuss this further.

 

Mr. Hall stated that they had the first Recreation Meeting of the year this past Saturday.  They will be working on updating the Recreation Master Plan.

 

Mr. Hall stated that there is a Shared Service Meeting this coming Thursday.  Mr. Hall provided to the Township Clerk a list of items that they would be discussing which he would like put into the Friday Communication package.

 

Mr. Hall stated that he attended the Board of Education meeting last night. 

 

Mr. Hall asked Mr. Raths if the Council agendas are consistently being posted on the website in advance of the meetings.  Mr. Raths stated that they are.

 

Mr. Zoschak stated that Jim Gordon did a Field of Dreams presentation at the Rotary Club meeting last Thursday and it was very well received.

 

Deputy Mayor Rilee asked Mr. Hall if there were any comments from the public with regard to the hiring of two new employees to replace one.  Mr. Hall stated he was not in attendance at previous meetings when the issue was addressed due to questions from the public, but it was not questioned at this meeting.

 

Deputy Mayor Rilee stated that Scott Meyer is the Chair of the Planning Board again this year.

 

Deputy Mayor Rilee stated that several members of the Council have not received their Township e-mail addresses.  The only member receiving his e-mail is Councilman Hall.  Mr. Raths will follow-up on this tomorrow.

 

Mayor DeFillippo asked if the Township is working on evaluating ways to improve energy efficiency in the Township buildings.  Mr. Raths stated that there would be information on this subject on the January 27, 2009 Council agenda.  Also, Mr. Raths stated that, currently, the biggest issue is the need to replace the windows in this building. 

 

Mayor DeFillippo stated that there are rumors going around town that our Social Services department distributed goods that were donated over the holidays to other towns, as opposed to Roxbury residents.  Mr. Raths stated that the rumor is not accurate. 

Mr. Smith suggested that Mr. Raths have the Social Services Director distribute an e-mail refuting these inaccurate remarks and rumors.  Mr. Raths stated that he would do that.

 

Mayor DeFillippo asked about the situation regarding Roxbury residents with Wharton mailing addresses not receiving the Township calendars.  Ms. DeCroce explained that the mistake was due to an incorrect postal routing number given to the Post Office by the calendar company.  More calendars were taken to the post offices and delivered to the correct addresses.

 

Mayor DeFillippo stated that she would like to adopt a resolution opposing New Jersey’s proposal to sell surplus Greystone Park land.  This will be discussed further during the ‘Communications’ portion of the agenda.

 

Mayor DeFillippo asked for some more “Alive at 25” brochures.  She also stated that she would like to observe one of the classes conducted by Officer Gordon.

Ms. DeCroce stated that the agendas and minutes are going to start showing the redacted and/or release dates of Executive session minutes.

Ms. DeCroce advised the Council members that she would be attending an “Alive at 25” meeting tomorrow at the County Administrator’s office regarding the simulator at the County which allows students to be able to experience the dangers of driving at high speeds and having accidents.

 

Mr. Raths stated that he would like the Council to review and let our elected officials know our concerns with the stimulus package that is to be proposed by the new President.

 

Mr. Raths stated that from mid-year we have collected $42,000 from Recreation, putting us on right on target.

 

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

A.  Appointments to the Economic Development Committee:

Linda Lutz 01/01/2009 - 12/31/2011

Michael Shadiack 01/01/2009 - 12/31/2011

 

Deputy Mayor Rilee made a motion to approve the appointments to the Economic Development Committee as listed above.  Mr. Schmidt seconded the motion.

 

Roll Call:          Deputy Mayor Rilee – Yes       Mr. Schmidt – Yes

                        Mr. Behrens – Yes                   Mr. Hall - Yes

Mr. Smith – Yes                       Mr. Zoschak – Yes

                        Mayor DeFillippo – Yes

 

Motion carried 7 to 0.

 

B.  Appointment to the Cable Committee

Doug Sclar 01/01/2009 - 12/31/2011

 

Mr. Hall made a motion to approve the appointment to the Cable Committee as listed above.  Mr. Schmidt seconded the motion.

 

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

                        Mr. Behrens – Yes                   Deputy Mayor Rilee – Yes

Mr. Schmidt – Yes                   Mr. Smith – Yes

                        Mayor DeFillippo – Yes

 

Motion carried 7 to 0.

 

DRAFT ORDINANCES FOR DISCUSSION

None

 

INTRODUCTION OF PROPOSED ORDINANCES

None

 

HEARING AND ADOPTION OF ORDINANCES ON SECOND READING

None

 

DRAFT RESOLUTION FOR DISCUSSION

None

 

INTRODUCTION AND ADOPTION OF RESOLUTIONS

09-15               A RESOLUTION INCORPORATING BY REFERENCE HEREIN AND APPROVING THE FOLLOWING NUMBERED RESOLUTIONS LISTED ON THE WORKSHOP COUNCIL MEETING AGENDA FOR THIS DATE:  09-16, 09-17, 09-18, 09-19, 09-20, 09-21, 09-22, 09-23,

09-24, 09-25, 09-26, 09-27, 09-28, 09-29, 09-30, 09-31, 09-32, 09-33,

09-34, 09-35

 

Deputy Mayor Rilee made a motion to adopt Resolution 09-15.  Mr. Schmidt seconded the motion.

Roll Call:          Deputy Mayor Rilee – Yes       Mr. Schmidt – Yes

                        Mr. Behrens – Yes                   Mr. Hall - Yes

Mr. Smith – Yes                       Mr. Zoschak – Yes

                        Mayor DeFillippo – Yes

 

Motion carried 7 to 0.

 

09-16               A RESOLUTION AUTHORIZING THE TAX & UTILITY COLLECTOR TO PROCESS THE CANCELLATION OF ANY PROPERTY TAX, SEWER OR WATER UTILITY REFUND OR DELINQUENCY FOR 2008 OF LESS THAN $10.00

 

09-17               A RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF ROXBURY, FIXING THE RATE OF INTEREST TO BE CHARGED ON DELINQUENT TAXES OR ASSESSMENTS

 

09-18               A RESOLUTION AUTHORIZING THE PURCHASE OF A TANKER PUMPER APPARATUS FROM SUTPHEN CORPORATION

Mr. Zoschak asked if this resolution covers everything that is needed for this tanker.  Mr. Blood stated that it is in compliance with the specs.

 

09-19               A RESOLUTION AUTHORIZING THE PURCHASE OF A TILT BODY AND PLOW FRAME INSTALLATION WITH ACCESSORIES FROM TONY SANCHEZ LTD FOR THE TOWNSHIP’S ROAD DEPARTMENT

Mr. Blood, Assistant Director of Public Works, discussed the bids outlined in his memo

and verified that each bid is based on equivalent product.

 

09-20               A RESOLUTION AUTHORIZING THE REFUND OF UNUSED ENGINEERING INSPECTION ESCROW FEES TO PMZ LANDSCAPING, INC. REGARDING SOIL MOVING PERMIT NO. MINSOIL09-08-032 112 FORD RD., LANDING–BLOCK 11312, LOT 12

 

09-21               A RESOLUTION AUTHORIZING THE RELEASE OF A PERFORMANCE GUARANTEE POSTED FOR RIGHT-OF-WAY EXCAVATION PERMIT NO. RO-09-08-128 112 FORD ROAD, LANDING BLOCK 11312, LOT 12

 

09-22               A RESOLUTION AUTHORIZING THE REFUND OF UNUSED ENGINEERING INSPECTION FEES TO MT. OLIVE PROPERTIES, LLC FOR A PROJECT KNOWN AS KIDDIE ACADEMY – 101 ROUTE 206 SOUTH BLOCK 9201, LOT 3

 

09-23               A RESOLUTION AMENDING RESOLUTION NO. 08-537

AUTHORIZING THE RELEASE OF A CASH BOND AND LETTER OF CREDIT POSTED BY MURPHY ROXBURY LLC FOR TREE REPLACEMENT ON THE PROPERTY (WALGREENS) LOCATED AT RT. 10/RT 46 BLOCK 6601, LOT 27,28,29,30,31 

 

09-24               A RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT TO GARDEN STATE LABORATORIES, INC FOR PUBLIC HEALTH LABORATORY SERVICES IN 2009

Mr. Smith stated that it is hard for him to understand why there is only one response when several Requests for Bids are sent out.  Mr. Grisi, Health Officer, was present and stated that the specific certifications that are required sometimes limits the number of companies that meet all the necessary criteria.  Mr. Grisi will make sure he reaches out to companies that other local municipalities are using for these services and try to find additional facilities to place bids.  Mr. Behrens stated that Tricia Fragle, Chairperson of the Environmental Commission, is an environmental engineer, and may be able to suggest other companies, as well.

 

09-25               A RESOLUTION AUTHORIZING THE MAYOR AND TOWNSHIP CLERK TO ENTER INTO AGREEMENT WITH GOLUB ANIMAL HOSPITAL FOR CAT IMPOUND SERVICES, CY 2009

Mr. Zoschak asked if we exceeded the contracted amount from last year.  Mr. Raths stated that we did not.

 

09-26               A RESOLUTION AUTHORIZING THE MAYOR AND TOWNSHIP CLERK TO ENTER INTO AGREEMENT WITH GOLUB ANIMAL HOSPITAL FOR DOG IMPOUND SERVICES, CY 2009

Mr. Zoschak asked if we exceeded the contracted amount from last year.  Mr. Raths stated that we did not.

 

09-27               A RESOLUTION AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH THE COUNTY OF MORRIS FOR USE OF APPROXIMATELY 2,200 SQUARE FEET OF SPACE AT THE ROXBURY COMMUNITY CENTER FOR A NUTRITION SITE

 

09-28               A RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR THE 2009 MORRIS COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM

Mr. Schmit asked if this is for a replacement of the exhaust system.  Mr. Raths stated that this is for a new exhaust system and floor in the bay for Fire Company No. 3.  Mr. Zoschak asked if the Council had seen a total list of the projects that were being considered for submission for this grant.  Mr. Raths stated that the only thing that had not been seen was the sidewalk on Center Street, the estimated cost of which exceeded the amount of the grant.  Mr. Raths handed out information on the Center Street sidewalk to the Council members.  Mr. Smith stated that he objected to this resolution being put forth without the Council members having adequate notification of the options for the grant submissions, and therefore, having no time to discuss and/or make a decision.  Mayor DeFillippo asked if the Council has made decisions on the CDBG submissions in the past.  Mr. Raths stated that, in the past, a memo has gone out to Council members with recommendations and the council has voted on what they want to submit.  Mr. Raths reviewed the other options for the CDBG grant submissions.

 

09-29               A RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT TO PK ENVIRONMENTAL FOR A PHASE 1 ENVIRONMENTAL SITE ASSESSMENT FOR THE SSC HOLDING CO., INC. PROPERTIES LOCATED AT 250 AND 260 EMMANS ROAD (BLOCK 5503, LOT 1 AND BLOCK 4102, LOT 2), ROXBURY TOWNSHIP

Deputy Mayor Rilee stated that the source of funding is not identified within this resolution nor is the Certification of Funds attached.  Mr. Raths distributed copies of the Certification of Funds.

 

09-30               A RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT TO DYKSTRA ASSOCIATES, INC. FOR THE PREPARATION OF A SURVEY OF           THE SSC HOLDING CO., INC. PROPERTIES LOCATED AT 250 AND 260 EMMANS ROAD (BLOCK 5503, LOT 1 AND BLOCK 4102, LOT 2), ROXBURY TOWNSHIP

Deputy Mayor Rilee stated that the source of funding is not identified within this resolution nor is the Certification of Funds attached.  Mr. Raths distributed copies of the Certification of Funds.

 

09-31               A RESOLUTION OF THE TOWNSHIP COUNCIL OF THE

TOWNSHIP OF ROXBURY APPOINTING MELANIE M. MICHETTI

AS A MEMBER OF THE MUSCONETCONG SEWERAGE AUTHORITY

 

09-32               A RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES TO DEWBERRY-GOODKIND, INC. FOR DESIGN SERVICES OF THE BLACK RIVER PARK

 

09-33               A RESOLUTION AUTHORIZING THE REFUND OF TAXES

 

09-34               A RESOLUTION OF THE TOWNSHIP OF ROXBURY, COUNTY OF MORRIS, STATE OF NEW JERSEY, AUTHORIZING SUBMISSION OF A HIGHLANDS INITIAL ASSESSMENT GRANT APPLICATION

 

09-35               A RESOLUTION AUTHORIZING THE EXECUTION OF AN

ESCROW AGREEMENT WITH MANOR PARKWAY, LLC FOR THE

DEVELOPMENT MORE COMMONLY KNOWN AS TOWNE TOYOTA, BLOCK 8602, LOTS 47, 49, 50 AND 33

Deputy Mayor Rilee stated that he has concerns with the agreement.  Mr. Bucco stated that he anticipates having a staff meeting along with the developer and their attorney to review the parameters of the project.  Mr. Raths and Mr. Bucco will be reporting back to the Council following that meeting.

 

PERSONNEL CHANGES

None

 

COMMUNICATIONS

December 19, 2008

#5 Correspondence from Christopher Raths, Township Manager, to Dave Stierli, Recreation Director, dated December 16, 2008, re:  appreciation for the quick response to residents’ concerns regarding Port Morris Park (also, ‘Thank You’ note from resident attached) 

Mr. Hall stated that this was a direct result of having the Town Meetings.  Correspondence such as this substantiates the value of having the Town Meetings.

 

#6 Article providing information in regards to Sandy Springs, Georgia’s outsourcing of general municipal services to a private sector engineering firm

Mr. Zoschak stated that this article shows cost savings because non-union employees were being used.  Also, this article is about a new municipality, not an existing one with personnel in place.  Council members questioned whether or not this would be possible in New Jersey.

 

December 31, 2008

#1 Correspondence from Carl F. Wronko, J.M.C., Roxbury Municipal Judge, to B. Theodore Bozonelis, A.J.S.C., dated December 23, 2008, re:  update on One Time Amnesty Program

Mayor DeFillippo stated that she was pleased with the program.

 

#3 Correspondence from Peter A. Riscica, Supervising Highway Engineer, Traffic Engineering & Investigations, NJDOT, to BettyLou DeCroce, Township Clerk, dated, dated December 16, 2008, re:  response regarding 35 MPH speed limit along Center Street in Roxbury

Ms. DeCroce stated that this is a County road and a letter needs to be sent to the County.

 

#6 Correspondence to Mayor and Council from residents Gail Reilly and Meta Linde, dated December 19, 2008, re:  notification of opposition to the push by COAH to mandate additional low income housing

The Council members asked Mr. Raths to send a response letter acknowledging that we are doing everything that we can.

 

#15 Correspondence from Donna I. Costello, Municipal Clerk, Township of Denville, to Governor Jon S. Corzine, dated December 18, 2008, re:  Township of Denville resolution, “Resolution Opposing State Proposal to Violate New Jersey State Statutes and Legislative Intent to Preserve Surplus Greystone Park Lands by Offering Greystone State Hospital Lands for Private Sale”

Mayor DeFillippo stated that she would like a resolution opposing the sale of Greystone property to be included on the next agenda.

 

January 9, 2009

#1, Item K Commerce Blvd/Rt 10/Main St.

Deputy Mayor Rilee stated that any communications being sent to the State should also be sent to all local elected officials as well.

 

#2 Correspondence from Christine Marion, Assistant Planning Director, County of Morris, Department of Planning, Development and Technology, Division of Planning, to Municipal Wastewater Management Committee members (via e-mail), dated December 31, 2008, re:  NJDEP Policy Concerning Highlands Planning Area Municipalities

Mr. Zoschak stated that this should be discussed at the Water/Sewer Committee meeting on Friday.

 

#7 Lake Hopatcong Commission Resolution # 08-12, “SUPPORT FOR SENATE BILL NO. 2262 WHICH DEDICATES $700,000 ANNUALLY FROM PLEASURE BOAT FEES TO THE LAKE HOPATCONG FUND”

Deputy Mayor Rilee stated that he would like a resolution supporting this on the next agenda.

 

PUBLIC PORTION

None

 

EXECUTIVE SESSION

09-36               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 9:45 PM, Deputy Mayor Rilee made a motion to approve Resolution 09-36 for Executive Session.  Mr. Hall seconded the motion.

 

Roll Call:          Deputy Mayor Rilee – Yes       Mr. Hall – Yes

                        Mr. Behrens – Yes                   Mr. Schmidt – Yes

                        Mr. Smith – Yes                       Mr. Zoschak – Yes

                        Mayor DeFillippo – Yes

 

Motion carried 7 to 0.

 

The Council returned to the meeting at 9:50 PM.

 

ADJOURNMENT

 

At 9:50 PM, Mr. Schmidt a motion to adjourn.  Mr. Zoschak seconded the motion.

 

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

                        Mr. Behrens – Yes                   Mr. Hall – Yes

                        Deputy Mayor Rilee – Yes       Mr. Smith – Yes

                        Mayor DeFillippo – Yes

 

Motion carried 7 to 0.

 

Submitted By:

 

 

________________________________

BettyLou DeCroce

Township Clerk

 

 

MINUTES APPROVED BY COUNCIL

DATE:                        February 10, 2009

ROLL CALL:            Mr. Smith – yes            Mr. Schmidt – yes

                                    Mr. Behrens – yes        Mr. Hall - yes