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March 10, 2009

                                                                                   

A Regular Meeting of the Township Council of the Township of Roxbury was held on March 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.

 

ROLL CALL (Present):  Councilman Gary Behrens, Councilman Fred Hall, Councilman Martin Schmidt, Councilman Timothy Smith and Deputy Mayor Jim Rilee

 

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

 

Absent:  Mayor Kathy DeFillippo (representing Roxbury’s interests by attending the Morris County Community Development Block Grant Committee Meeting); and Councilman Richard Zoschak

 

APPROVAL OF MINUTES

February 10, 2009 Regular Meeting

February 17, 2009 Budget Meeting

 

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

 

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

Mr. Hall – Yes                         Mr. Smith – Yes

Deputy Mayor Rilee – Yes, with an abstention on the minutes of Feb 10, 2009

 

Motion carried 5 to 0, with one abstention on the minutes of February 10, 2009.

 

PUBLIC PORTION

Joe Lang

14 Conkling Road

Mr. Lang stated that the Roxbury Fire Department is hosting a “St. Baldrick’s Foundation” charity “head-shaving event” on March 14, to raise funds for childhood cancer research.  They are honoring two children from Randolph; a five year old completely cancer free after three years of treatment and a fourteen year old who was recently diagnosed with Hodgkin’s disease.  Senator Bucco and Assemblyman DeCroce will be attending.  Mr. Lang thanked Mr. Smith for his support.

 

Deputy Mayor Rilee closed the Public Portion of the meeting.

 

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

Mr. Schmidt stated that the use of “Interior Storm Windows” would cost approximately half as much as the installation of new vinyl replacement windows at the Town Hall building.  Mr. Schmidt distributed paperwork to the Council providing details of cost savings that would be realized by the town in various areas, such as heating and cooling.  A cost estimate based on actual measurements of the windows will be presented to the Council next week.  Mr. Raths suggested that the Council consider waiting for the results of the Energy Audit so that the issue can be reviewed in its entirety.

 

Mr. Smith stated that there was an Open Space Committee meeting on Wednesday, March 4, 2009, in which Miriam Morris made a presentation on the issues of open space and historical preservation of Township owned properties.  Mr. Smith stated that it seemed as if the Open Space Committee members did not object to the concept of using open space funds for the purpose of helping with historic preservation.  Mr. Smith stated that the Committee also discussed the proposed development of the entryway of the “Black River Park” obtained through the Polizzi open space acquisition.  A recent walk around the property revealed several trail possibilities.  Mr. Smith stated that Mr. Bucco has put out a contract for the purchase of the property that abuts Horseshoe Lake along Righter Road.  Mr. Raths stated that, because the original application included five acres for a ball field, we have to wait until the end of March for the County to amend the original grant application regarding the Swim and Sport Club property; therefore, the closing may not happen until April.  Mr. Bucco advised Council members that the only outstanding item needed for the closing is the survey. The title work and Environmental Phase I is complete. 

 

Mr. Smith stated that the information regarding consultants for the Water / Sewer Utilities is in tonight’s packet and will be discussed later in the meeting.

 

Mr. Smith stated that the Economic Development Committee is considering a recommendation to the Council regarding a change in the current building height requirements in certain zones.

 

Mr. Smith stated that the Economic Development Committee discussed the “Taste of Roxbury” event that will be held this spring.

 

Mr. Smith stated that the Economic Development Committee is working on ideas for the eastern part of Route 46 through a subcommittee and an intern from Rutgers.

 

Mr. Behrens stated that he attended two recent Board of Education meetings.  He reported that the Board of Education approved a resolution to submit a request for a waiver that would allow them to exceed the 4% budget cap.

 

Mr. Hall stated that there would be a Shared Services meeting with the Board of Education on Thursday night.  One of the vendors will be giving a presentation regarding the field reorganization effort.  They will also explore the possibility of allowing the Township to use the fields at the Franklin School in exchange for the school using the Horseshoe Lake facility for baseball purposes.  Mr. Hall stated that he would begin submitting copies of the minutes from the Shared Services meetings to the Clerk’s Office so that they can be distributed to the Council members.

 

Mr. Hall congratulated Mr. Smith and Mr. Barbone for the success of the “Beatlemania” event that was held recently, at Roxbury High School.  .  Mr. Hall stated that it was a great performance with approximately 600 people in attendance.

 

Mr. Smith stated that the “Beatlemania” event raised $6,300 and will be used to offset the High School choir’s cost to travel to and sing at the event in Rhode Island, in which they were among only a few groups in the country chosen as participants.  Mr. Smith stated that Mr. Mark Barbone is now the president of the Roxbury Arts Alliance and is doing a tremendous job.

 

Deputy Mayor Rilee stated that the annual Fire Department dinner held last Saturday was the best he has attended.

 

Deputy Mayor Rilee stated that he attended the Fire Chief’s meeting last night.  The main topic of conversation was some capital items that they are working on with Mr. Raths.

 

Deputy Mayor Rilee requested an update on the status of the Kings Highway project.  Mr. Raths stated that it would be done as soon as the asphalt is available.

 

Deputy Mayor Rilee asked if NJ Transit ever paid the bill for their water usage during their work on the Port Morris rail yard project.  Mr. Raths stated that they paid.

 

Deputy Mayor Rilee asked if Mt. Arlington ever paid the water bill for their fire hydrant usage.  Mr. Raths stated that they have not paid.  Mr. Bucco stated that the Council must decide how they would like to proceed.  Mr. Raths will forward all the information to Council members for further review.

 

Mr. Raths distributed information regarding the Economic Stimulus Funding and reviewed the amounts that were listed by the County for resurfacing of roadways.  Mr. Raths stated that this would allow the County to move forward more quickly on the roadwork needed at the Hillside Avenue and Route10 intersection.

 

Mr. Raths advised Council members that the Planning Department has been speaking with Highlands representatives regarding our mid-December deadline for the submission of our “Preservation Area” information.  Ms. Swann has offered to come before the Council to discuss this.  Due to the current COAH litigation, further discussion on this issue will take place in Executive Session.

 

A.  New Business – no discussion

 

B.  Old Business – no discussion

1.  Procurement Policy

                         

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

A.  Historic Trust-Declaration of Intent for a Construction Grant

 

Mr. Raths stated that The Roxbury Historic Trust, Inc., has applied to the Morris County Historic Preservation Trust Fund for a grant that requires matching funds.  They are requesting $5,000 from the Township to help fund the foundation repair and basement remediation of the King House located at 209 Main Street in Ledgewood.  Mr. Bucco stated that Historic Preservation projects couldn’t be funded with money allocated from Open Space without an amendment to the Ordinance.  Mr. Raths stated that Ms. Spring has been reviewing old ordinances and may be able to find $5,000 that can be used.

 

Mr. Schmidt made a motion to fund $5,000 to the Roxbury Historic Trust, Inc. for the foundation repair and basement remediation of the King House located at 209 Main Street in Ledgewood.  Mr. Smith seconded the motion.

 

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

                        Mr. Behrens – Yes                   Mr. Hall – Yes

                        Deputy Mayor Rilee – Yes

 

Motion Carried 5 to 0.

 

B.  Historic Trust- Declaration of Intend for Non-Construction Grant

The Roxbury Historic Trust, Inc. is not requesting matching funds for this Grant.

 

C.  Declaration of Intent Morris Canal Incline Plane

Council members agreed to postpone the Morris Canal Incline Plane project. 

 

Mr. Bucco asked Council members if they wanted him to begin work on a referendum that would ask voters to decide if they want a portion of Open Space Tax to be used for Historic Preservation.  The Council decided to hold off on this and wait until the entire membership of the Council is in attendance.

 

D.  Economic Development Committee- Recommendations regarding the B-3 planned      Shopping Center

Linda Lutz, member of the Roxbury Economic Development Committee, discussed recent seminars and classes that she has attended regarding the changes in the nature of retail development across the country.  Ms. Lutz stated that during a comprehensive review of Roxbury Township Ordinances, she noticed that the criteria set forth in the B-3 zones seemed to be somewhat limiting.  Ms. Lutz stated that she, along with the Economic Development Committee, suggest exploring ideas which would enable creativity regarding B-3 zones to include mixed use, such as business and residential.  Deputy Mayor Rilee asked if the EDC is talking about new design and height recommendations.  Ms. Lutz stated that she was thinking, not only about more square footage, but also about creating public areas.  Mr. Smith stated that he would need to hear what Mr. Stern, Township Planner, thinks.  Deputy Mayor Rilee stated that these ideas should be referred to the Planning Department and the Master Plan Committee.

 

DRAFT ORDINANCES FOR DISCUSSION

None

 

INTRODUCTION OF PROPOSED ORDINANCES

None

 

HEARING AND ADOPTION OF ORDINANCES ON SECOND READING

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

 

Mr. Smith made a motion to open Ordinance 02-09 to the public.  Mr. Schmidt seconded the motion.

 

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

Mr. Behrens – Yes                   Mr. Hall – Yes

Deputy Mayor Rilee – Yes

 

Motion Carried 5 to 0.

 

No public comment

 

Mr. Hall made a motion to close Ordinance 02-09 to the public.  Mr. Smith seconded the motion.

 

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

Mr. Behrens – Yes                   Mr. Schmidt – Yes

Deputy Mayor Rilee – Yes

 

Motion Carried 5 to 0.

 

Ordinance closed for public comment

 

Mr. Hall made a motion to adopt Ordinance 02-09.  Mr. Smith seconded the motion.

 

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

Mr. Behrens – Yes                   Mr. Schmidt – Yes

Deputy Mayor Rilee – Yes

 

Motion Carried 5 to 0.

 

DRAFT RESOLUTION FOR DISCUSSION

None

 

INTRODUCTION AND ADOPTION OF RESOLUTIONS

09-68               A RESOLUTION INCORPORATING BY REFERENCE HEREIN AND APPROVING THE FOLLOWING NUMBERED RESOLUTIONS LISTED ON THE WORKSHOP COUNCIL MEETING AGENDA FOR THIS DATE:

                        09-69, 09-70, 09-73, 09-74, 09-75, 09-76, 09-77, 09-78, 09-79, 09-80, 09-81

After discussion, Mr. Schmidt amended his motion to adopt Resolution 09-68 to exclude numbers 09-71 and 09-72.  Mr. Smith seconded the motion.

Roll Call:          Mr. Schmidt - Yes                    Mr. Smith – Yes, with a recusal on check #51504

                        Mr. Behrens - Yes                    Mr. Hall - Yes             

Deputy Mayor Rilee – Yes      

 

Motion carried 5 to 0, with one recusal on check #51504.

 

 

09-69               A RESOLUTION AUTHORIZING THE REFUND OF UNUSED ENGINEERING INSPECTION ESCROW FEES TO NORDIC CONTRACTING CO., INC. FOR A PROJECT KNOWN AS J.T.K. ASSOCIATES, LLC 111 HOWARD BOULEVARD, LEDGEWOOD; BLOCK 8901, LOT 7

 

09-70               A RESOLUTION AUTHORIZING THE REFUND OF UNUSED ENGINEERING INSPECTION ESCROW FEES TO WM. J. AURIEMMA, INC. FOR A PROJECT KNOWN AS 59 CAYUGA AVENUE, LANDING; BLOCK 12106, LOT 11

 

09-71               PULLED - A RESOLUTION AUTHORIZING THE AWARD OF A PROFESSIONAL ENGINEERING SERVICES CONTRACT TO CAROL WALCZYK, P.E. OF HATCH MOTT MACDONALD FOR GENERAL ENGINEERING SERVICES – YEARS 2009-2011 FOR THE SEWER UTILITY

Council members discussed the bidding process and the quotes for this project.  It was

decided to hold Resolutions 09-71 and 09-72 until the Water & Sewer Committee can provide

answers to various questions.

 

09-72               PULLED - A RESOLUTION AUTHORIZING THE AWARD OF A PROFESSIONAL ENGINEERING SERVICES CONTRACT TO CAROL WALCZYK, P.E. OF HATCH MOTT MACDONALD FOR GENERAL ENGINEERING SERVICES – YEARS 2009-2011 FOR THE WATER UTILITY

Council members discussed the bidding process and the quotes for this project.  It was

decided to pull Resolutions 09-71 and 09-72 until the Water & Sewer Committee can provide

answers to various questions.

 

09-73               A RESOLUTION AUTHORIZING A SHARED SERVICES AGREEMENT WITH THE TOWNSHIP OF MINE HILL FOR ANIMAL CONTROL SERVICES FOR THE BALANCE OF 2009 AND THE 2010 CALENDAR YEAR

Mr. Hall questioned the length of the agreement.  Mr. Bucco stated that it is a one-year deal

with a renewal option for the second year, which would require a contract extension.

 

09-74               A RESOLUTION AUTHORIZING THE ADOPTION OF THE ROXBURY COMMUNITY GARDEN BYLAWS

Deputy Mayor Rilee asked for verification that this project will not be subsidized by the

Township.  Mr. Schmidt reviewed the expected revenues and expenses.  Council members

Stated that the Bylaws should state that the “annual fee shall be established by Township

ordinance”.

 

09-75               A RESOLUTION AUTHORIZING THE RELEASE OF A LETTER OF CREDIT ISSUED FOR A TREE PERMIT IN CONNECTION WITH A SITE PLAN APPROVAL FOR COMMERCE BANK LOCATED ON ROUTE 10; BLOCK 5201, LOT 4,5,10 and 11

Mr. Raths stated that this resolution is for the release of the letter of credit only.  The release

of the balance of the cash amount of $8,985.27 was already released per Resolution 09-62 on

February 24, 2009.

 

09-76               RESOLUTION AUTHORIZING SUBMISSION OF AN APPLICATION FOR THE ROXBURY MUNICIPAL ALLIANCE GRANT

09-77               A RESOLUTION AUTHORIZING THE REFUND OF CONSTRUCTION

PERMIT FEES FOR A PERMIT ISSUED FOR THE INSTALLATION OF

A HOT TUB AT 7 JAMES STREET IN THE TOWNSHIP OF ROXBURY

 

09-78               A RESOLUTION AMENDING THE MEMBERSHIP OFTHE TOWNSHIP FIRE DEPARTMENT

 

09-79               A RESOLUTION OPPOSING COMPANION LEGISLATION S-2577 AND 

A-3772 WHICH WOULD ALLOW FOR THE CONVERSION OF AGE-RESTRICTED HOUSING UNITS, PENDING APPROVAL BY THE LOCAL PLANNING OR ZONING BOARD AND OR SMART GROWTH OMBUDSMAN

 

09-80               A RESOLUTION AUTHORIZING THE REFUND OF TAXES

 

09-81               A RESOLUTION AUTHORIZING THE PAYMENT OF BILLS

Mr. Raths explained the process regarding the purchase of a tax sale lien, and the fact that the bid can contain a premium to purchase it.  The money is held in a municipal trust account and if the tax sale certificate is redeemed within five years of the date of the sale, the premium is returned to the purchaser of the certificate.

 

Mr. Behrens asked for details on check numbers 51534, 51535, and 51536, each made payable to “Rutgers University”.  Ms. Rieth stated that one of the checks is for continuing education.  Mr. Raths stated that he had not had a chance to get the details on the two other checks yet.

 

PERSONNEL CHANGES

Personnel Memo Dated March 5th from Judy Riley, Sr. Personnel Coordinator

 

COMMUNICATIONS

March 6, 2009

#6  Correspondence from Lucy Vandenberg, Executive Director of State of New Jersey Council on Affordable Housing, to Township of Roxbury Mayor, dated March 3, 2009, re:  acknowledgement of receipt of Roxbury’s petition for substantive certification of the Township’s Housing Element and Fair Share Plan

Mr. Smith asked if the deadline to publish was met.  Ms. Rieth stated that it was published today.

 

#9  Correspondence from the Roxbury Public Library Board of Trustees to Mayor and Council, dated February 26, 2009, re:  copy of “RESOLUTION OF THE TRUSTEES OF THE FREE PUBLIC LIBRARY OF THE TOWNSHIP OF ROXBURY, MORRIS COUNTY, NEW JERSEY, IN SUPPORT OF 1/3 MILL FUNDING FOR NEW JERSEY PUBLIC LIBRARIES” and a request for the Township Council to adopt a supporting resolution

Mr. Schmidt asked if the State is still supporting the reduction of 1/3 to 1/6 mill of equalized assessed valuation as the minimum funding level for NJ municipal libraries.  Mr. Bucco stated that, with property values decreasing statewide, that the 1/3 mill is producing less than it used to.

 

#13 Mayors Fax Advisory, dated March 5, 2009, re:  Governor Signs Law Officers Suspension Bill

Mr. Hall asked about the implications of this.  Mr. Raths stated that suspended officers and firefighters would regain their pay status when appeals of termination are not resolved within 180 days.  Mr. Raths further stated that the State process takes longer than 180 days.

 

PUBLIC PORTION

Robert Kluska

274 Emmans Road, Flanders

Mr. Kluska asked when the work on Emmans Road would be done.  Mr. Raths stated that the work is scheduled to begin in April or May.  Mr. Raths stated that he would look into fixing the pothole in front of Mr. Kluska’s house.  Mr. Kluska spoke about the Township’s purchase of some of the Swim & Sport Club property and asked if we were going to provide a driveway into the camp.  Mr. Kluska wants to make sure that a driveway does not encroach on his property.  Mr. Rilee stated that there is an open space issue that needs to be discussed in Executive Session that the Council needs to be made aware of.

 

 

EXECUTIVE SESSION

09-82               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

 

Mr. Hall made a motion to approve Resolution 09-82 for Executive Session.  Mr. Smith

seconded the motion.

 

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

Mr. Behrens – Yes                   Mr. Schmidt – Yes

Deputy Mayor Rilee – Yes

 

Motion Carried 5 to 0.

 

The Council returned to the meeting at 10:05 PM.

 

ADJOURNMENT

At 10:05 PM, Mr. Smith made a motion to adjourn.  Mr. Schmidt seconded the motion.

 

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

                        Mr. Behrens – Yes                   Mr. Hall – Yes

                        Deputy Mayor Rilee – Yes      

 

Motion carried 5 to 0.

 

Submitted By:

 

 

________________________________

BettyLou DeCroce

Township Clerk

 

 

 

MINUTES APPROVED BY COUNCIL

DATE:                        April 28, 2009

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

                                    Mr. Behrens – yes        Mr. Schmidt – yes

                                    Mr. Smith – yes            Mr. Zoschak – abstain

                                    Mayor DeFillippo - abstain