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February 10, 2009

                                                                                   

A Regular Meeting of the Township Council of the Township of Roxbury was held on February 10, 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.

 

Due to the absence of both Mayor DeFillippo and Deputy Mayor Rilee, Mr. Smith made a motion to appoint Councilman Fred Hall as Acting Mayor for the purpose of presiding over tonight’s meeting.  Mr. Schmidt seconded the motion.

 

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

Mr. Behrens – Yes                   Mr. Hall – Yes

 

Motion carried 4 to 0.

 

 

ROLL CALL (Present): Acting Mayor Fred Hall, Councilmen Gary Behrens, Martin Schmidt, and Tim Smith

 

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

 

Absent:  Mayor Kathy DeFillippo, Deputy Mayor Jim Rilee, and Councilman Richard Zoschak

 

APPROVAL OF MINUTES

January 13, 2009 Regular Meeting

January 20, 2009 Budget Meeting

January 27, 2009 Executive Session     

 

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

 

Motion carried 4 to 0.

 

Acting Mayor Hall amended the agenda to “REPORTS OF COUNCIL LIAISON REPRESENTATIVES, COUNCIL COMMITTEES AND NEW BUSINESS/OLD BUSINESS”

 

C.  Presentation- VFW

Ptl. Chad Eckert was presented with the VFW Post’s 2833 “Policeman of the Year” award for exhibiting “exemplary professionalism and initiative in obtaining outstanding results.”

 

Acting Mayor Hall offered his congratulations to Patrolman Eckert.

 

On behalf of the Roxbury Police Department, Chief, Mark Noll, thanked the VFW Post for bestowing this honor upon one of their members.  Chief Noll highlighted some of Ptl. Eckert’s accomplishments and congratulated him for being chosen as the recipient of this award.

 

A.  New Business

None

 

B.  Old Business

1.  Procurement Policy

Mr. Bucco stated that progress is being made.

 

PUBLIC PORTION

None

 

REPORTS OF COUNCIL LIAISON REPRESENTATIVES, COUNCIL COMMITTEES AND NEW BUSINESS/OLD BUSINESS (previously discussed)

 

A.  New Business - (previously discussed)

 

B.  Old Business - (previously discussed)

1.  Procurement Policy

 

C.  Presentation- VFW - (previously discussed)

                                                    

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

Mr. Smith stated that on Sunday at 1:00 PM there would be a walk through on the Polizzi Open Space tract to review a potential trail that would be called the “Black River Park”.

 

Mr. Smith stated that the Roxbury Arts Alliance is sponsoring a Beatlemania Concert as a fundraiser to help the High School Honors Choir program pay for their trip to perform in Rhode Island.  The event will be taking place on Friday, February 27th at the Roxbury High School.

 

Mr. Smith stated that the gala Opening Ceremony for RoxPac would take place on either May 16th or June 5th .

 

Mr. Behrens stated that he attended the Fire Chief’s meeting Monday night.  Their main concern is the acquisition of a new fire truck.

 

BettyLou DeCroce stated that the Combe Fill South settlement agreement could be signed as a resolution was approved on March 7, 2000.

 

Mr. Hall stated that the Neighborhood Meeting that was held last Thursday was well attended.  The next Neighborhood/Town Hall Meeting will be held at the Berkshire Valley Fire House on May 5, 2009.

 

Mr. Hall stated that he attended the Recreation Committee meeting on Saturday.  There are currently separate “Code of Conduct” guidelines for the various divisions of Recreation, so they have been working on creating a universal “Code of Conduct” that would encompass all recreation activities.

 

Mr. Hall stated that he attended the Board of Education meeting last night.  There was a presentation on proposed modifications to the current bus routes.  Mr. Hall asked members of the Board of Education if these changes would affect the number of crossing guards.

 

Fred Hall congratulated the Roxbury Cheerleaders for finishing in the top five across the nation in the recent Cheerleading competition held in Orlando, Florida.

 

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

09-52               A RESOLUTION INCORPORATING BY REFERENCE HEREIN AND APPROVING THE FOLLOWING NUMBERED RESOLUTIONS LISTED ON THE WORKSHOP COUNCIL MEETING AGENDA FOR THIS DATE:  09-53, 09-54, 09-55, 09-56, 09-57, 09-58

 

Mr. Schmidt made a motion to approve Resolution 09-52.  Mr. Smith seconded the motion.

 

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

                        Mr. Behrens – Yes                   Mr. Hall – Yes

 

Motion carried 4 to 0.

 

09-53               A RESOLUTION APPROVING CHANGE ORDER NO. 1 TO THE CONTRACT WITH GEOTHERMAL ENGINEERING, INC. FOR THE REPLACEMENT OF PUMPS FOR WELLS 5&6 FOR THE WATER UTILITY

Mr. Smith stated his concern about the potential to be overcharged for change orders since there is no mechanism in place to ensure that the cost charged for an unanticipated change from the awarded contract is reasonable or not.

 

Mr. Schmidt referenced the letter in which the contractor stated that the proposed method is not guaranteed to solve the problem.  Mr. Raths stated that the alternative would be to drill a proximity well, which would cost tens of thousands of dollars.  Mr. Schmidt stated that he would like to see the estimates before making a decision.  Mr. Raths will have the Engineering Department draft a memo for Mr. Schmidt in regards to the cost of the alternative.

 

09-54               A RESOLUTION AUTHORIZING THE PURCHASE AND INSTALLATION OF TWO UTILITY TRUCK BODIES AND ACCESSORIES FROM CLIFFSIDE BODY CORPORATION

At the request of Mr. Smith, Mr. Raths reviewed the amounts that were approved in 2008 for the two separate vehicles versus the actual amounts awarded, as well as the amounts that would be returned to the fund balance due to the differences.

 

09-55               A RESOLUTION URGING All FEDERAL, STATE, AND COUNTY REPRESENTATIVES TO INCLUDE THE FOLLOWING CAPITAL PROJECTS WHEN FORMULATING THE 2009 FEDERAL STIMULUS PACKAGE

 

09-56               RESOLUTION AUTHORIZING REFUND OF TAXES FOR A TOTALLY DISABLED VETERAN EXEMPTION

 

09-57               A RESOLUTION AMENDING THE MEMBERSHIP OFTHE TOWNSHIP FIRE DEPARTMENT

 

09-58               A RESOLUTION AUTHORIZING THE PAYMENT OF BILLS

 

PERSONNEL CHANGES

Memo dated February 3, 2008

 

COMMUNICATIONS

February 6, 2009

#2  Correspondence from Michael Kobylarz, Township Engineer/Director of Public Works, to Daren Phil of Suburban Consulting Engineers, Inc., dated February 2, 2009, re:  Parker/Circle/Southard Sanitary Sewer Improvements

Mr. Raths stated that Mt. Arlington failed to notify us that they were putting in a sewer line.  Mr. Hall and Mr. Smith asked how Mt. Arlington justifies doing work on Roxbury property without authorization or notification.  Discussion took place about how to avoid this in the future.  Mr. Raths stated that Council members would get a copy of the response from Mt. Arlington, once it is received.

 

Mr. Hall stated that the language in the second paragraph of Mr. Kobylarz’ letter that reads, “The Township policy is that a minimum of 2/3 of the affected residents must approve of the project in order for it to be approved for construction,” seems to imply the imminent approval of a project based solely on 2/3 of the residents agreeing.  For clarification, Mr. Hall stated that the letter should have read that the policy is that “2/3 of the affected resident must approve” in order for it to be “considered” by the Township for approval.

 

#6  Correspondence from Colleen A. Foley of Saul Ewing, LLP, to Kristi Izzo, Secretary of the Board of Public Utilities, dated January 29, 2009, re:  cover sheet from Roxbury Water Company’s petition for an Approval of an Increase in Rates for Water Service

Mr. Schmidt asked what the requested rate increases were.  Mr. Raths will get back to Council with the answer.

 

#7  Correspondence from Stephen Dilts, Commissioner of the NJ Department of Transportation, to Mayor DeFillippo, dated January 22, 2009, re:  NJDOT Highway Safety Fund Grant Program for Fiscal Year 2009

Mr. Schmidt and Mr. Smith asked if we are proceeding with this.  Mr. Raths stated that we are.

 

#11  Correspondence from NJ Department of Community Affairs, LUARCC (Local Unit Alignment, Reorganization and Consolidation Commission), re:  2008 Progress Report

Mr. Hall stated that a centralized dispatch unit is already in affect in Gloucester County.  Mr. Smith stated that Morris County also has a centralized unit, but the problem is that not all municipalities are subscribed, plus they are raising their rates.  Mr. Raths stated that a recent proposal showed that the cost of a countywide consolidated dispatch service exceeded the cost of municipalities running their own, separate service.  The Council members discussed the challenges facing our county, including location, personnel, construction cost, and radio frequency issues.

 

#16  Mayors Fax Advisory, dated January 30, 2009, re:  Pension Deferral Plan (Clarifications to Jan. 28 letter)

Mr. Hall asked Mr. Bucco to explain this better.  Mr. Bucco explained that the prior

bill would not allow municipalities to fully fund their pensions obligations.

Yesterday, a bill was introduced in the Senate that would allow municipalities to

fund their pension obligation, without incurring a penalty, if they so choose.

However, decreases in State aid may force municipalities to defer their pension

payments.

 

Ms. DeCroce brought up for discussion and Council members approved the drafting and distribution of a letter opposing Assembly Bill 3686, which seeks to eliminate the Governor’s Council on Alcoholism and Drug Abuse and transfer it to the Department of Human Services, thus eliminating community based prevention work that is currently being done by the local Municipal Alliance programs.

 

PUBLIC PORTION

Robert Kluska

Emmans Road, Flanders 

Mr. Kluska stated that he felt that Resolution 09-55 was “very creative”.

 

Mr. Kluska asked if the public is invited to take part in the walk, as discussed earlier, of the potential trail for the park to be known as the “Black River Park”.

Mr. Smith stated that the group was comprised mainly of Open Space Committee members, but other interested parties would be welcomed.

 

Mr. Hall closed the Public Portion.

 

EXECUTIVE SESSION

09-59               NOT USED-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

 

ADJOURNMENT

At 8:10 PM, Mr. Schmidt made a motion to adjourn.  Mr. Smith seconded the motion.

 

Roll Call:          All in Favor – Yes

 

Motion carried 4 to 0.

 

Submitted By:

 

 

 

________________________________

BettyLou DeCroce

Township Clerk

MINUTES APPROVED BY COUNCIL

DATE:                        March 10, 2009

ROLL CALL:            Mr. Schmidt – yes        Mr. Behrens

                                    Mr. Hall – yes              Mr. Smith – yes

                                    Deputy Mayor Rilee - abstain