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A Regular Meeting of the Township Council of the Township of
Roxbury was held on February 24, 2009 at 1715 Route 46, Ledgewood, New Jersey
at 7:30 PM.
PLEDGE OF ALLEGIANCE
Scout Pack 54 led The Pledge of Allegiance.
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 DeFillipppo,
Councilmen Gary Behrens, Fred Hall and Martin Schmidt
Christopher Raths, Township Manager; Anthony Bucco, Township Attorney;
Janet Rieth, Township Deputy; Amy Rhead,
ABSENT: Deputy Mayor Rilee - attending a Morris
County Open Space meeting
Mayor DeFillippo amended the agenda to allow for a
presentation from the Pack Leader for Cub Scout Pack 54
Pack 54’s Leader spoke about the Pack’s activities and
accomplishments. The Cub Scouts recited
their “Cub Scout Promise” oath.
Mayor DeFillippo amended the agenda to read the following
“It’s come to our attention that some people have a belief
that the Memorial Day Parade is going to be canceled this year, and, as the
Mayor and Council, we have no idea how this rumor started. The Council has not discussed canceling the
Memorial Day Parade and we have no intention of doing so. Memorial Day recognizes those who have made
the ultimate sacrifice to preserve what our country stands for. And, now, more than ever, it’s important for
our community to continue to recognize the contributions made by our veterans
to preserve our freedom. The Roxbury
Memorial Day Parade has always been organized by volunteers and with the
continued help from our volunteers and the strong support of this Council,
there will be a Memorial Day Parade, as the Township has come to enjoy in the
past. The Roxbury Memorial Day Parade
will take place on Monday, May 25, 2009.
If anybody has any questions we will be having the Public Portion in a
Mr. Raths stated that a discussion had taken place between
both the Manager’s and the Clerk’s office, identifying the Memorial Day Parade
as an item to review in this difficult budget year. Mr. Raths explained that since we are down
fourteen staff positions, we do not have the manpower necessary to organize and
plan the Parade without volunteers. Mr.
Raths stated that Ms. Castriotti has volunteered to work on this project and
has offered to start putting it together.
Mayor DeFillippo stated that she has also received offers to
help in the Parade and welcomes help from the community.
Ms. Rieth stated that she agrees with Mr. Raths. She stated that due to the reduction in
staff, the Clerk’s office has taken on a significant amount of additional work
and responsibilities, and, therefore, will not be able to devote the amount of
time to planning and organizing the Memorial Day Parade as they have in the
Mr. Schmidt suggested that the Council establish a Memorial
Day Parade Committee.
Mayor DeFillippo stated, for clarification purposes, that
the Council was not aware of a discussion that the staff had had about the
Memorial Day Parade. Mr. Raths stated
that this is a budgetary item and would have been discussed at the next budget
meeting on Tuesday.
APPROVAL OF MINUTES
January 27, 2009
February 3, 2009
Release of Executive
Minutes from Regular Meeting of
January 27, 2009
Mr. Schmidt made a
motion to move the minutes as listed above with the exception of the Release of
Executive Minutes from January 27, 2009.
Mr. Hall seconded the motion.
Roll Call: Mr. Schmidt – Yes Mr. Hall – Yes
Mr. Behrens – Yes Mayor DeFillippo – Yes
Motion carried 4 to
Minutes from the January 27, 2009 Regular Meeting cannot be released at this
Mr. & Mrs.
555 Rt. 46, Kenvil
Mittlestadt, owner of Lake Silver Springs, stated his continued concern
regarding a Township pipe that discharges into his lake. Mr. Raths stated that the Township has
appropriated $100,000 in the 2009 Capital Budget for an oil separator. Mr. Mittlestadt stated that, while that would
address the issue of contaminants and sediment, it does not address the issue
of flooding, which he claimed is also attributable to the Township’s drainage
21 Salmon Road, Landing
thanked the Council members for continuing the Memorial Day Parade event. She offered to volunteer and asked who to
contact and when to start. At the
request of Mayor DeFillippo, Mr. Raths agreed that his Assistant, Ms. Wyble,
could keep a list of names of people who offer to help with the Parade. Mayor DeFillippo then stated that phone calls
and/or emails could also be directed to her and that her phone number is listed
on the back of the Township calendar.
closed the Public Portion of the meeting
amended the agenda to allow Mr. Hall to report on last night’s Board of
Mr. Hall discussed
the Board of Education’s proposed change in bus routes and their decision to
hold off on making any changes until they hear back from the Township regarding
the adoption of a “Hazardous Route Policy”.
Mr. Hall stated that the issue needs to be reviewed by the Township’s
insurance group, “JIF” (Joint Insurance Fund) and by the Township attorney.
Mayor DeFillippo amended the agenda to allow for Public
John Moschella, Member of the Township of Roxbury Board
advised that the Superintendent of Schools does not believe that the Board of
Education is covered by the“JIF”. Mr.
Raths and Mr. Bucco explained that Roxbury Township’s property and casualty insurance
is provided by the Morris County “JIF”, or “Joint Insurance Fund”, which is
comprised of a group of municipalities that have decided to self–insure, and
has nothing to do with the Board of Education.
Therefore, in order to ascertain whether or not certain actions would
impact liability rates, or JIF’s ability to provide coverage in the event of an
incident, the Township
of Roxbury is obligated
to notify and receive an opinion from the JIF before adopting a “Hazardous
Mayor DeFillippo closed the meeting for Public Comment
Mayor DeFillippo amended the agenda to address “MATTERS REQUESTED/REFERRED
BY COUNCIL MEMBERS, MANAGER, ATTORNEY OR CLERK”
A. Proclamation-Read Across America
read a proclamation for “Read Across America”.
B. Proclamation- Girl Scout Week
read a proclamation for “Girl Scout Week”.
C. St. Therese Carnival
Mr. Hall made a
motion to approve the St. Therese Carnival for the dates of:
4th, 5th and 6th of 2009. Mr. Schmidt seconded the motion.
Roll Call: Mr. Hall – Yes Mr. Schmidt – Yes
D. Appointment to Lake Musconetcong Regional Planning Board
Mayor DeFillippo stated that the selected candidate has declined
the appointment. This appointment will
be discussed at a future meeting.
Mayor DeFillippo returned to the order of the agenda
REPORTS OF COUNCIL LIAISON REPRESENTATIVES, COUNCIL
COMMITTEES AND NEW BUSINESS/OLD BUSINESS
Mr. Bucco notified Council members about legislation that is
being proposed which would allow for the conversion of already approved
age-restricted housing units. In the
event of a denial of an amendment request by the local board, the legislation
allows the developer to appeal to a state Smart Growth Ombudsman, whose
decision is final and binding.
Council members stated that they want a letter to be sent
out immediately, followed up by a resolution to be approved at the next Council
meeting, expressing their opposition to this legislation.
A. New Business
B. Old Business
1. Procurement Policy
Mayor DeFillippo amended the order of the agenda to defer
the remainder of “REPORTS OF COUNCIL LIAISON
REPRESENTATIVES, COUNCIL COMMITTEES AND NEW BUSINESS/OLD BUSINESS” until
later in the meeting.
REQUESTED/REFERRED BY COUNCIL MEMBERS, MANAGER, ATTORNEY OR CLERK (previously addressed)
A. Proclamation-Read Across America - (previously addressed)
B. Proclamation- Girl Scout Week - (previously addressed)
C. St. Therese Carnival - (previously addressed)
D. Appointment to Lake Musconetcong
Regional Planning Board -
INTRODUCTION OF PROPOSED ORDINANCES
01-09 ORDINANCE TO AMEND CHAPTER XIII, LAND DEVELOPMENT, ARTICLE VIII, DESIGN
GUIDELINES, SECTION 13-8.7,PARKING, LOADING, SOLID WASTE AND LIGHTING
STANDARDS, SUBSECTION 13-8.700, OFF-STREET PARKING–GENERAL,OF THE REVISED
GENERAL ORDINANCES OF THE TOWNSHIP OF ROXBURY, COUNTY OF MORRIS, STATE OF NEW
Hall asked for clarification on this Ordinance.
Mr. Raths stated that the amended ordinance will not allow carports in
new construction. Existing carports are
not affect by the ordinance.
Schmidt made a motion to introduce Ordinance 01-09. Mr. Behrens seconded the motion.
Roll Call: Mr.
Schmidt – Yes Mr. Behrens – Yes
Mr. Hall – Yes Mayor DeFillippo – Yes
02-09 AN ORDINANCE AMENDING CHAPTER
XXIV, FEES OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF ROXBURY
Mr. Hall asked about solar heating.
The Council agreed to revise the Ordinance so that fees for heating
appliances were “excluding solar”.
Towers: Mr. Hall asked about the fees based on the
height of cellular towers. Mr. Raths
stated that this Ordinance does not mean that the heights can exceed the
current rules regarding maximum allowable heights for cellular towers as set
forth by the Planning and Zoning Department.
Hall brought up for discussion the fees proposed for signs. Mr. Bucco stated that it is not necessary to
change the wording of the Ordinance to specify “permanent” signs.
Mr. Hall asked about
fees for the replacement of
boiler, furnace, water heater, or installation of radon units in R-3 and R-4
groups or in existing multi-family dwellings. Mr. Bucco stated that it is his
understanding that the exclusion of fees does not apply to the other use groups
as per the code.
Schmidt made a motion to introduce Ordinance 02-09. Mr. Behrens seconded the motion.
Roll Call: Mr.
Schmidt – Yes Mr.
Behrens – Yes
Mr. Hall – Yes, as amended Mayor DeFillippo – Yes
ADOPTION OF ORDINANCES ON SECOND READING
ADOPTION OF RESOLUTIONS
09-60 A RESOLUTION INCORPORATING BY
REFERENCE HEREIN AND APPROVING THE FOLLOWING NUMBERED RESOLUTIONS LISTED ON THE
WORKSHOP COUNCIL MEETING AGENDA FOR THIS DATE:
09-61, 09-62, 09-63, 09-64, 09-65, 09-66
Mr. Schmidt made a motion to approve Resolution 09-60. Mr. Behrens seconded the
09-61 A RESOLUTION AUTHORIZING THE
REFUND OF UNUSED ENGINEERING INSPECTION FEES TO MICHAEL GULICK FOR A PROJECT KNOWN
AS TREE KING INC. LOCATED AT 12 LENEL ROAD, LANDING BLOCK 9502, LOTS 4 AND 5
09-62 A RESOLUTION AUTHORIZING THE REFUND OF UNUSED ENGINEERING INSPECTION
FEES TO COMMERCE BANK, N.A. FOR A PROJECT KNOWN AS COMMERCE BANK NORTH – 204
ROUTE 10 – SUCCASUNNA BLOCK 5201, LOTS 4, 5, 10, & 11
09-63 A RESOLUTION AUTHORIZING THE
RELEASE OF A PERFORMANCE GUARANTEE POSTED FOR RIGHT-OF-WAY EXCAVATION PERMIT
NO. SEP1305 102-126 HILLCREST
AVENUE, LEDGEWOOD BLOCK 8602, LOT
09-64 A RESOLUTION AUTHORIZING THE
RELEASE OF A CASH BOND POSTED BY ETEL ASSOCIATES LLC FOR PROPERTY LOCATED AT
RT. 10 LEDGEWOODBLOCK 6305, LOTS 4 & 5
09-65 A RESOLUTION AUTHORIZING THE REFUND OF TAXES
09-66 A RESOLUTION AUTHORIZING THE PAYMENT OF BILLS
amended the agenda to return to “REPORTS OF COUNCIL LIAISON
REPRESENTATIVES, COUNCIL COMMITTEES AND NEW BUSINESS/OLD BUSINESS “
Mr. Schmidt stated
that the “No Thru Trucks” sign at the corner of Meadowview has not been
Mr. Schmidt stated
that the “Slow” sign on Hilltop has not been installed.
complimented the cleanliness of the picnic grove at Horseshoe Lake.
Mr. Hall asked Mr.
Raths to find out when Mr. Kuncken is available to meet with him, along with
the Computer Committee, to work on issues related to OPRA and how it relates to
asked for assistance setting up her address book within the new Township e-mail
system that was established for the Council members.
Mr. Raths informed
the Council that there would be an article that he authored in the next League
of Municipalities publication, regarding financial trend monitoring and
stated that she recently met with Mt. Arlington Mayor Ondish and other area
mayors regarding the possibility of implementing a local fee ordinance for lake
usage that would be used only for Lake
the weeding of the lake. The Council was
not in favor of supporting this idea and Mr. Bucco questioned the legality of
such a proposal since the State is already considering a charge.
stated that she received a phone call from resident Jim Gordon regarding the
status of the Turf Field. Mr. Gordon
asked if this project could go out to bid to ensure a competitive price. Mr. Hall stated that they have received some
new prices, but that the cost still remains an issue.
Mr. Raths stated
that the March 3rd Budget Meeting was not advertised. Council members agreed that they should still
meet to discuss the budget on that date.
Ms. Rieth, Deputy Clerk, will ensure that the March 3rd
Budget Meeting is advertised.
returned to the order of the agenda.
February 20, 2009
#1, E Duty Crew/EMS
Mr. Hall stated that the quarterly “Ambulance Report Time by
Number” report provides good information and is appreciated. Mr. Raths complimented the Fire and EMS crews on their response times.
#12 Correspondence from Mary Cilurso, Rockaway Township
Clerk, dated February 13, 2009, re:
resolution adopted on February 3, 2009 in Support of Assembly Bill
A-3570 (calling for the abolition of COAH and, in turn, creating a more
reasonable approach to addressing the needs of affordable housing)
Mr. Hall asked if we had adopted a similar resolution. Mr. Raths stated that we had.
#16 Correspondence from Maggie Peters, Executive Director
of The Morris County Economic Development Corporation, re: Registration information for “The 6th
County Municipal Summit”, scheduled for March 18, 2009
DeFillippo stated that she would be attending this seminar.
09-67 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
At 8:30 PM, Mr. Hall made a motion to adjourn. Mr. Schmidt seconded the motion.
Roll Call: All
in Favor – Yes
MINUTES APPROVED BY
DATE: March 24, 2009
ROLL CALL: Mr. Schmidt – yes Mr. Hall – yes
Behrens – yes Mr. Rilee – abstain
Smith – abstain Mr. Zoschak – abstain
DeFillippo - yes