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February 24, 2009

 

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

Cub 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

 

ALSO PRESENT:  Christopher Raths, Township Manager; Anthony Bucco, Township Attorney; Janet Rieth, Township Deputy; Amy Rhead, Administrative Aide

 

ABSENT:       Deputy Mayor Rilee - attending a Morris County Open Space meeting

                        Councilman Timothy Smith

Councilman Richard Zoschak

 

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 statement:

“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 moment.”

 

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 past.

 

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 Regular Meeting

February 3, 2009 Budget Meeting

February 5, Neighborhood Meeting

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 0.

 

The Executive Minutes from the January 27, 2009 Regular Meeting cannot be released at this time.

 

PUBLIC PORTION

Mr. & Mrs. Bert Mittlestadt

555 Rt. 46, Kenvil

Mr. Bert 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 pipe.

 

Maureen Castriotta

21 Salmon Road, Landing

Ms. Castriotta 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.

 

Mayor DeFillippo closed the Public Portion of the meeting

 

Mayor DeFillippo amended the agenda to allow Mr. Hall to report on last night’s Board of Education meeting

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 Comment

 

John Moschella, Member of the Township of Roxbury Board of Education

49 Henry Street, Succasunna

Mr. Moschella 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 Route Policy”.

 

Mayor DeFillippo closed the meeting for Public Comment

 

Mayor DeFillippo amended the agenda to addressMATTERS REQUESTED/REFERRED BY COUNCIL MEMBERS, MANAGER, ATTORNEY OR CLERK”

 

A.  Proclamation-Read Across America

Mayor DeFillippo read a proclamation for “Read Across America”.

 

B.  Proclamation- Girl Scout Week

Mayor DeFillippo 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:

June 3rd, 4th, 5th and 6th of 2009.  Mr. Schmidt seconded the motion.

 

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

                        Mr. Behrens – Yes       Mayor DeFillippo – Yes

 

Motion carried 4 to 0.

 

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.

 

MATTERS 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 - (previously addressed)

 

DRAFT ORDINANCES FOR DISCUSSION

None

 

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 JERSEY

Mr. 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.

 

Mr. 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

 

Motion carried 4 to 0.

 

02-09               AN ORDINANCE AMENDING CHAPTER XXIV, FEES OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF ROXBURY

Solar Heating:  Mr. Hall asked about solar heating.  The Council agreed to revise the Ordinance so that fees for heating appliances were “excluding solar”.

Cell 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.

Signs:  Mr. 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.

 

Mr. 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

 

Motion carried 4 to 0.

 

HEARING AND ADOPTION OF ORDINANCES ON SECOND READING

None

 

DRAFT RESOLUTION FOR DISCUSSION

None

 

INTRODUCTION AND 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

motion.

 

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

Mr. Hall – Yes             Mayor DeFillippo – Yes

 

Motion carried 4 to 0.

 

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 14.01

 

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

    

Mayor DeFillippo 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 replaced.

 

Mr. Schmidt stated that the “Slow” sign on Hilltop has not been installed.

 

Mr. Schmidt 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 the internet.

 

Mayor DeFillippo 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 forecasting.

 

Mayor DeFillippo 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 Hopatcong, specifically 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.

 

Mayor DeFillippo 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.

 

Mayor DeFillippo returned to the order of the agenda.

 

PERSONNEL CHANGES

None

 

COMMUNICATIONS

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 Annual Morris County Municipal Summit”, scheduled for March 18, 2009

Mayor DeFillippo stated that she would be attending this seminar.

 

PUBLIC PORTION

None

 

EXECUTIVE SESSION

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 PUBLIC EXCLUDED

 

ADJOURNMENT

At 8:30 PM, Mr. Hall made a motion to adjourn.  Mr. Schmidt 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 24, 2009

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

                                    Mr. Behrens – yes        Mr. Rilee – abstain

                                    Mr. Smith – abstain      Mr. Zoschak – abstain

                                    Mayor DeFillippo - yes