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January 27, 2009

 

A Regular Meeting of the Township Council of the Township of Roxbury was held on January 27, 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 and Martin Schmidt

 

ALSO PRESENT:  Christopher Raths, Township Manager; Anthony Bucco, Township Attorney; and Janet Rieth, Deputy Township Clerk

 

Absent:  Councilman Richard Zoschak

 

Councilman Tim Smith arrived at 7:35PM

 

APPROVAL OF MINUTES

November 3, 2008 Workshop Meeting

December 2, 2008 Executive Session

December 9, 2008 Budget Meeting

December 16, 2008 Workshop Meeting & Executive

January 6, 2009 Reorganization Meeting

 

Mr. Bucco advised that he made changes to the December 9, 2008 Budget Meeting minutes, as well as to the December 16, 2008 Workshop and Executive Meeting minutes.  Council agreed to approve the minutes with the changes.

           

Deputy Mayor Rilee made a motion to approve the minutes, as amended, as listed above.  Mr. Schmidt seconded the motion.

 

Roll Call:          Deputy Mayor Rilee – Yes

Mr. Schmidt – Yes

                        Mr. Behrens – Yes

Mr. Hall – Yes

                        Mr. Schmidt – Yes                  

Mayor DeFillippo – Yes, with abstentions on December 16, 2008                  Workshop and December 16, 2008 Executive

 

Motion carried 6 to 0, with one abstention on December 16, 2008 Workshop Meeting minutes and one abstention on December 16, 2008 Executive Meeting minutes.

 

PUBLIC PORTION

None

 

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

A.  New Business

 

B.  Old Business

1.  Procurement Policy

No Discussion

 

*Councilman Smith arrived at 7:35 PM

C.  Presentations

1.  Historic Trust

Miriam Morris of Roxbury Historic Trust spoke about the importance of preserving historic buildings and properties.  The Roxbury Historic Trust would like the Council to amend the current Open Space Ordinance to include historic preservation as and approved use of the fund.

 

The Council members discussed the fact that Roxbury’s ordinance purposely allocated Open Space funds for land acquisition only.  The Council members agreed that before they would consider amending the Open Space Trust to allow for funding of anything other than what it was originally approved for, the question should be put to the voters by way of a referendum. 

 

Ms. Morris mentioned that the Roxbury Historic Trust is looking into grants for this year and would like to approach the Township to match the funds.  She stated that one of the projects is rebuilding the remainder of the stone wall, estimated to cost about $50,000.  The project would require a fund match of $10,000.  Council members asked Ms. Morris for a list of intended projects that they are considering submitting grant applications for and the additional funding that the Roxbury Historic Trust might be seeking.  Ms. Morris stated that she would have the details within a month.  She will keep the Council informed.

 

The Council agreed to get recommendations from the Open Space Committee and possibly consider a referendum for utilizing Open Space monies for Historic Preservation projects.

 

2.  VFW Post CDBG grant application

Robert Kluska representing VFW Post 2833 from Kenvil discussed the submission of its grant application to the Morris County Division of Community Development.  They are requesting a total of $20,000.00, broken down as follows:

  • $3,463.00 for the removal of an underground oil tank and replacement with an above ground tank;
  • $5,700.00 for the replacement of paneled walls with fire retardant sheet rock;
  • $4,000.00 for painting the new sheetrock;
  • $6,835.00 for the replacement of two furnaces; and
  • $2,000.00 for the installation of additional ductwork to prevent freezing pipes.

The total expected cost of the project is $1,998.00 above the requested $20,000.00.  This amount would be paid by VFW Post 2833.  Mr. Kluska explained that having this discussion at a public meeting is required as part of the submission process for countywide grants that are available to non-profit organizations and does not affect the Township’s ability to apply for or receive grants from the County.

 

Mr. Hall made a motion to authorize Mayor DeFillippo to sign a certification that the above presentation was made in a public forum.  Mr. Smith seconded the motion.

 

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

                        Mr. Behrens – Yes       Deputy Mayor Rilee – Yes

                        Mr. Schmidt – Yes       Mayor DeFillippo – Yes

 

Motion carried 6 to 0.

 

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

A.  Permission to hold Road Race

 

Deputy Mayor Rilee made a motion to approve Item A as listed above.  Mr. Smith seconded the motion.

 

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

                        Mr. Behrens – Yes                   Mr. Hall – Yes

                        Mr. Schmidt – Yes                   Mayor DeFillippo – Yes

 

Motion carried 6 to 0.

 

B.  Housing Partnership-Morris County Housing Trust Fund

The Council members agreed that it is premature to consider this request at this time.

 

Mayor DeFillippo amended agenda to discuss the following draft resolution:

 

DRAFT RESOLUTION FOR DISCUSSION

09-51               NOTICE OF INTENT TO PETITION THE HIGHLANDS COUNCIL FOR PLAN CONFORMANCE

 

Mr. Stern, Township Planner, reviewed the deadlines for submission of the various phases of the Highlands Act’s Plan Conformance requirements for the Preservation Area, as well as possible grant money that will be available to complete the process.  Mr. Stern stated that we would be able to ensure the validity of the data and stay more involved if we opt to do this work ourselves.  If we do not do this, we will have to rely on the Highlands data.  Mr. Stern recommended that the Council adopt a resolution authorizing a Notice of Intent to Petition the Highlands Council for Plan Conformance.

 

Mr. Smith stated that he would like to see stronger language in the last “Whereas” paragraph of the resolution, objecting strenuously to the confiscatory aspects of the Highlands Act.  Deputy Mayor Rilee stated that, due to the restrictions that the State has already imposed on us, we are unable to build in the preservation areas anyway; therefore, there is no reason to adopt a resolution for something that is already statutorily mandated.

 

Mr. Hall made a motion to approve Resolution 09-51, as amended to include language changes as recommended by Mr. Bucco, Township Attorney.  Mr. Smith seconded the motion.

 

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

                        Mr. Behrens – No        Deputy Mayor Rilee – No

                        Mr. Schmidt – No        Mayor DeFillippo – No

 

Motion defeated 2 to 4.

 

Mr. Raths suggested, and the Council members agreed, to notify the Highlands Council that the above resolution was defeated. 

 

Mayor Defillippo returned to the order of the agenda

 

C.  Shared Service Feasibility Study

The Council members discussed details of the Feasibility Study.  The Committee will continue to obtain more details.

 

REPORTS OF COUNCIL LIAISON REPRESENTATIVES, COUNCIL COMMITTEES

Mr. Schmidt advised that Senator Bucco’s office has brochures on the New Jersey Shares program.  This is a program that will offer assistance to people at certain income levels.  Mr. Raths will have Rob Kuncken put this information on the Township’s web site.

 

Mr. Smith stated that the Economic Development Committee met and the topic of conversation was the Route 46 area.  They would like to set a time line of potential events involving master plan review and visions aspects for the area. They also discussed the possibility of hiring a consultant and the funding for the consultant. 

 

Mr. Behrens stated that he attended the Board of Education meeting and the teachers contract was approved.

 

Mr. Hall asked if the new email system for the Council is working.  Mr. Raths advised that it is.  Mr. Bucco advised Council that they should treat all emails as if they would be discoverable under the Open Public Records Act.

 

Deputy Mayor Rilee requested an update on the clothing bins.  Mr. Bucco advised that a draft ordinance has been sent to the zoning officer.  Mr. Raths stated that he received a response from Joe McDonnell, Zoning Officer, today and he will copy Council. 

 

Deputy Mayor Rilee discussed the new teachers contract that was approved by the Board of Education.  He feels that it is absurd for the Board to give this kind of raise at this time.

 

Mayor DeFillippo would like a proclamation prepared for Read Across America, which will be held on March 2, 2009.

 

Mayor DeFillippo advised that there would be a Main Street presentation on Wednesday, January 28th at 7:00 PM at the Library.

 

DRAFT ORDINANCES FOR DISCUSSION

None

 

INTRODUCTION OF PROPOSED ORDINANCES

None

 

HEARING AND ADOPTION OF ORDINANCES ON SECOND READING

None

 

DRAFT RESOLUTION FOR DISCUSSION  (Previously Discussed)

09-51               NOTICE OF INTENT TO PETITION THE HIGHLANDS COUNCIL FOR PLAN CONFORMANCE

 

INTRODUCTION AND ADOPTION OF RESOLUTIONS

09-39               A RESOLUTION INCORPORATING BY REFERENCE HEREIN AND APPROVING THE FOLLOWING NUMBERED RESOLUTIONS LISTED ON THE WORKSHOP COUNCIL MEETING AGENDA FOR THIS DATE:  09-40, 09-41, 09-42, 09-43, 09-44, 09-45, 09-46, 09-47, 09-48, 09-49

 

Deputy Mayor Rilee made a motion to approve Resolution 09-39.  Mr. Schmidt seconded the motion.

 

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

                        Mr. Behrens – Yes                   Mr. Hall – Yes

                        Mr. Smith – Yes                       Mayor DeFillippo – Yes

 

Motion carried 6 to 0.

 

09-40               A RESOLUTION AUTHORIZING THE RELEASE OF A PERFORMANCE GUARANTEE RELATED TO RIVER PARK VILLAGE PHASE I BLOCK 10701, LOT 1

 

09-41               A RESOLUTION AUTHORIZING THE RELEASE OF A PERFORMANCE GUARANTEE RELATED TO RIVER PARK VILLAGE PHASE II BLOCK 10701, LOT 1

 

09-42               A RESOLUTION AUTHORIZING A LEASE PURCHASE AGREEMENT FOR A 2009 F150 PICKUP TRUCK BETWEEN THE TOWNSHIP OF ROXBURY AND DITSCHMAN/FLEMINGTON FORD

 

09-43               A RESOLUTION AUTHORIZING ROXBURY TOWNSHIP TO ENTER INTO A CONTRACT WITH ST.CLARE’S HOSPITAL FOR FEMALE AND MALE CANCER SCREENING

 

09-44               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

 

09-45               A RESOLUTION AUTHORIZING THE TOWNSHIP OF ROXBURY TO SUPPORT SENATE BILL NO. 2262 WHICH DEDICATES $700,000 ANNUALLY FROM PLEASURE BOAT FEES TO THE LAKE HOPATCONG FUND

 

09-46               A RESOLUTION AUTHORIZING THE TOWNSHIP OF ROXBURY TO APPLY TO THE NEW JERSEY BOARD OF PUBLIC UTILITIES, OFFICE OF CLEAN ENERGY FOR THE PARTICPATION IN THE LOCAL GOVERNMENT ENERGY AUDIT PROGRAM

 

09-47               A RESOLUTION AUTHORIZING THE REFUND OF TAXES

 

09-48                              A RESOLUTION AUTHORIZING THE PAYMENT OF BILLS

 

09-49               A RESOLUTION AMENDING THE MEMBERSHIP OF THE TOWNSHIP FIRE DEPARTMENT

    

PERSONNEL CHANGES

No Discussion

 

COMMUNICATIONS

January 23, 2009

#5  Correspondence from Karen A. Marlowe, Administrative Analyst I, State of New Jersey, Board of Public Utilities, to Christopher Raths, Township Manager, dated January 9, 2009, re:  Verizon New Jersey, Inc. Service to Municipal Properties – The Township can enter into negotiations privately.

 

PUBLIC PORTION

There was no public comment.

 

EXECUTIVE SESSION

09-50               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 9:30 PM, Mr. Hall made a motion to approve Resolution 09-50 for Executive Session.  Mr. Smith seconded the motion.

 

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

                        Mr. Behrens – Yes                   Deputy Mayor Rilee – Yes

                        Mr. Schmidt – Yes                   Mayor DeFillippo – Yes

 

Motion carried 6 to 0.

 

The Council returned to the meeting at 10:10 PM.

 

ADJOURNMENT

At 10:10 PM, Mr. Smith made a motion to adjourn.  Deputy Mayor Rilee seconded the motion.

 

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

                        Mr. Behrens – Yes                   Mr. Hall – Yes

                        Mr. Schmidt – Yes                   Mayor DeFillippo – Yes

 

Motion carried 6 to 0.

 

Submitted By:

 

________________________________

BettyLou DeCroce

Township Clerk

MINUTES APPROVED BY COUNCIL

DATE:                        February 24, 2009

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

                                    Mr. Behrens – yes        Mayor DeFillippo - yes