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April 14, 2009

 

A Regular Meeting of the Township Council of the Township of Roxbury was held on April 14, 2009 at 1715 Route 46, Ledgewood, New Jersey at 7:30 PM.

                                                                                               

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): Councilmen Gary Behrens, Fred Hall, Jim Rilee, Martin Schmidt, Richard Zoschak and Mayor Kathy DeFillippo

 

Also Present:  Christopher Raths, Township Manager; Anthony Bucco, Township Attorney and Janet Rieth, Deputy Township Clerk

 

Absent – Councilman Tim Smith

 

APPROVAL OF MINUTES

Executive Minutes Public Release - None

 

March 3, 2009 Budget

 

Mr. Rilee made a motion to approve the Minutes of the March 3, 2009 Budget Meeting.  Mr. Behrens seconded the motion.

 

Roll Call:

Mr. Rilee – yes Mr. Behrens – yes

Mr. Hall – yes              Mr. Schmidt – yes

Mr. Zoschak – abstain    Mayor DeFillippo – yes

 

Motion carried 5 – 0 with one abstention

 

PUBLIC PORTION

Dennis Wine, 4 Holly Dr., Succasunna, asked about the legislation to eliminate COAH.  Mr. Rilee stated it is being proposed, but not acted on.  Mr. Wine asked if the Township acted on the legislation to convert age-restricted housing.  Mr. Rilee stated that we adopted a resolution opposing this.  Mr. Wine asked if the Township accepted the Governor’s six-month pension deferment.  Mayor DeFillippo stated that the Township did not.

 

Robert Kluska, Emmans Road, spoke about the vandalism at the Veterans’ Memorial.  Mr. Raths advised that the police are checking the cameras. Mr. Kluska discussed the fact that there is Board of Education election signs posted along the roads with no disclaimer. Mr. Raths will have the zoning officer look at these signs.

 

Mr. Kluska would like the Council to ask Dr. Rossi why he replaced the Assistant Superintendent’s position with two people.

 

At this time, Mayor DeFillippo amended the Agenda for the presentation by Dr. Michael Rossi, Superintendent of Schools.

Dr. Rossi, Superintendent of Schools and Ruthann Quinn, Business Administrator of Roxbury Township Schools gave a presentation of the 2009-2010 School Budget.  Dr. Rossi stated that he feels students should first be assessed and then taught to the level they are on. The district must continue to develop each instructor to be able to do this.  In terms of administrative costs, Dr. Rossi felt that there was a need to have someone in charge of personnel and human relations.  They have been able to save money hiring a personnel director.  According to Dr. Rossi, by filling this position, approximately $500,000 has been saved.

 

The proposed budget, which will cost $137.98 per year for the average home assessed at $208,418, will provide the following:

§         There will be no cuts to programs or staff

§         The restoration of two 0reviously cut staff positions – one 5th grade position and one elementary enrichment position

§         Digitizing the District

ü      Digital Student Portfolio

ü      Online Grade Books

ü      Web based Lesson Planning

ü      Homework Links

§         Continued Support for Professional Development

 

Ms. Quinn advised that there would be a presentation of the school budget on Saturday at the Lincoln/Roosevelt School.

 

Ms. Quinn advised that the salary negotiations begin with a list of everyone in the bargaining unit.  A base amount is agreed on and used to move forward. The increase of 4.7% is put on the base amount, which is spread through all of the steps.  More money is on the bottom of the guide to attract new teachers. 

 

Mr. Hall stated that this is the first time a Superintendent has appeared and given a presentation in the ten years he has been on Council.  He feels that there has been a significant amount of progress in shared services with the Board of Education. Mr. Hall noted that Board President, Terry D’Agostino and Roxbury High School Principal, Mr. Swanson were in the audience.  Mayor DeFillippo also noted that Board Member Maureen Castriotta was in attendance. 

 

Mr. Hall asked how Special Education would be addressed.  Dr. Rossi stated that Special Education is something everyone is grappling with. People have become a lot more perceptive in terms of providing early intervention that has resulted in escalating costs.  One of the things the Township is focusing on is trying to bring a lot of the students back into the District and creating an environment within the system that meets their needs. Approximately $500,000 has been taken off of the Special Education budget. 

 

Mr. Rilee asked how the Personnel Director has saved money Dr. Rossi stated through special needs students and productivity.

 

Mr. Zoschak asked, regarding the teacher contracts, why they did not put smaller raises on the front end and larger increases on established teachers.  Ms. Quinn stated that it is better to put the money on the front end.

 

Mr. Schmidt asked if the teachers pay towards their health insurance.  Ms. Quinn stated that the District still fully funds the plans, but the deductibles were raised.  The teachers pay for dental and all non-bargaining units pay for health benefits.

 

Mayor DeFillippo asked if there would be a change with the “Pre K” at risk families. Dr Rossi stated that it is an initiative of Governor Corzine.  The State would provide universal pre-school for those who qualify (at risk).  He further stated that Trenton didn’t understand what they had approved and it then went from everyone doing it to just pilot schools. 

 

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

A.  New Business

 

B.  Old Business

1.  Procurement Policy – No discussion

 

MATTERS REQUESTED/REFERRED BY COUNCIL MEMBERS,

MANAGER, ATTORNEY OR CLERK

A.  Presentation- Michael A. Rossi, Roxbury Public Schools Superintendent – Previously Discussed

 

B.  Sustainable Jersey

Linda Lutz, member of Environmental Commission, stated that the Environmental Commission put together a proposal to join a new certification program, “Sustainable Jersey”, for New Jersey municipalities to become energy efficient and environmentally conscious.  As of today 40 municipalities have joined.    Once a municipality decides to join there are steps to go through to get programs running.  One of the requirements is a green team comprised of several people through out the Township, such as elected officials, municipal staff, members of boards and commissions, etc.  In order to be certified, a municipality must complete documents and actions that total 100 points.  ANJEC is sponsoring a seminar at Rutgers pertaining to Sustainable Jersey and Ms. Lutz will be attending.  Mr. Rilee stated this is a good idea.  His only concern is that it does not work as a commission that would report back to Council.  Mr. Raths stated that he would appoint Mr. Stern, the Township Planner, as the point of contact, should the Township move forward.  Mr. Raths feels there is value; however, his concern is that this would become a layer of regulations that the Township must abide by.  Mr. Bucco will prepare a resolution for the next meeting.

 

C.  Appointment- Historic Advisory Committee-unexpired term of CynthiaDi Taranto

This will be discussed at a future meeting.

 

Application for Special Permit for Social Affair – Swim & Sport Club

Mr. Zoschak made a motion to approve the above application.  Mr. Hall seconded the motion.

 

Roll Call:

Mr. Zoschak – yes       Mr. Hall – yes

Mr. Behrens – yes        Mr. Rilee – yes

Mr. Schmidt – yes        Mayor DeFillippo- yes

 

Motion carried 6 – 0

 

Mayor DeFillippo amended the Agenda to discuss Report of Council Liaison Representatives and Council Committees

 

REPORTS OF COUNCIL LIAISON REPRESENTATIVES, COUNCIL COMMITTEES

Mr. Behrens stated that he is working on various resident concerns with Mr. Raths. 

 

Mr. Behrens discussed the debris along Howard Boulevard. Mr. Raths stated that it has been cleaned up and Hercules is cleaning up their side.

 

Mr. Rilee asked if the DPW/Engineering reorganization is strictly from a title standpoint.  He would like to look at how it was changed several years ago and what it will save now.   Mr. Raths will provide the information to Council.

 

Mr. Schmidt stated that the Environmental Commission is opening the Community Garden on April 25th at 11:00 AM.  The barn was painted today with individuals from the SLAP program.

 

Mr. Zoschak advised that the Landing sea wall is complete.  He stated that the Governor has taken credit for this, but it was begun by a local Girl Scout troop, along with assistance from Senator Bucco and himself. 

 

Mr. Zoschak asked if the Court has begun using credit cards.  Mr. Raths stated that we have proposals and, if the prices are right, there will be a Resolution on the next meeting.  Council would like to receive a copy of the Judge’s monthly report.  Mr. Raths stated that he would add it to the quarterly Revenue/Expenditure report that Council receives.

 

Mr. Zoschak stated that there was an article in the paper on how Netcong sold items on auction sites.  Mr. Raths advised that the Township does this.

 

Mr. Zoschak stated that he gave Mr. Raths an item on free or low cost field maintenance a while ago and he has not heard anything about it.  Mr. Raths will check with Mr. Stierli

 

Mayor DeFillippo stated that Mayors of municipalities surrounding Lake Hopatcong would like to meet with representatives of the DEP regarding the lack of water in the lake. They feel that there should be documentation that the DEP can give to advise how long it will take to raise the level. The DEP says that it has nothing to do with the draw down and the reason the level is low at this time is because there was very little rain in January and February.  Mr. Zoschak advised that the Lake Hopatcong Commission is meeting with the DEP this month.  Mr. Bucco stated that Senator Bucco’s office has been in contact with the DEP and there are ongoing discussions regarding other ways to increase the water level.  Mayor DeFillippo will contact the other Mayors to set up a meeting with the DEP.

 

Mayor DeFillippo stated that the “Every 15 Minutes” program was well received and had a huge impact on parents and students.

 

Mayor DeFillippo discussed the inconsistency of trains and what track they are on at the Mt. Arlington station. 

 

Mayor DeFillippo stated that the SLAP people have been working on Howard Boulevard and asked if they will be on Mooney Mountain.  Mr. Raths will check on this.

 

Mayor DeFillippo reminded everyone of the MS Walk on Sunday, April 19th.  Registration is at 9:00 AM and the walk begins at 10:00 AM.

 

Mayor DeFillippo stated that the Main Street Streetscaping Committee met last week.  The clock dedication will be on May 3rd from 2:00 PM to 4:00 PM.  Those who have donated will be given a miniature replica of the clock.

 

Mr. Raths advised that he would be out of town from Friday until Tuesday.

 

Mayor DeFillippo amended the Agenda to introduce the 2009 Budget

09-93     MUNICIPAL BUDGET INTRODUCTION

Mr. Hall made a motion to adopt Resolution 09-93 for introduction of the 2009 Budget.  Mr. Schmidt seconded the motion.

 

Mr. Raths credited the Department Heads and Mayor/Council for all the hard work that went into this year’s budget.

 

Mr. Hall stated that this is a terrific budget and he gave Mr. Raths, Staff and Council credit for all the hard work.

 

Mr. Rilee thanked Staff and Council. He stated that everyone would like it to be zero increase but this is a great budget. 

 

Mr. Zoschak stated that Council, Administration and Staff did a great job.

 

Mr. Schmidt thanked Mr. Raths, Staff and Council.  He stated that 3.3% is phenomenal in this economy.

 

Mayor DeFillippo stated that schools received an increase in State aid and municipalities received a decrease. 

 

Roll Call:

Mr. Hall – yes              Mr. Schmidt – yes

Mr. Behrens – yes        Mr. Rilee – yes

Mr. Zoschak – yes       Mayor DeFillippo – yes

 

Motion carried 6 – 0

 

DRAFT ORDINANCES FOR DISCUSSION

None

 

INTRODUCTION OF PROPOSED ORDINANCES

03-09               AN ORDINANCE AMENDING THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF ROXBURY AND REGULATING RECEPTACLES FOR DISCARDED CLOTHING AND ESTABLISHING A FEE FOR THE PERMIT FOR SAME

 

Mr. Zoschak made a motion to introduce Ordinance 03-09.  Mr. Schmidt seconded the motion.

 

Roll Call:

Mr. Zoschak – yes       Mr. Schmidt – yes

Mr. Behrens – yes        Mr. Hall – yes

Mr. Rilee – yes Mayor DeFillippo – yes

 

Motion carried 6 - 0

 

04-09               AN ORDINANCE TO VACATE ANY AND ALL PUBLIC RIGHTS IN AND TO A 20 FOOT WIDE DRAINAGE EASEMENT OVER A PORTION OF BLOCK 11903, LOT 9 AS SHOWN ON THE TAX MAP OF THE TOWNSHIP OF ROXBURY, COUNTY OF MORRIS AND STATE OF NEW JERSEY

Mr. Schmidt made a motion to introduce Ordinance 04-09.  Mr. Behrens seconded the motion.

 

Mr. Raths advised that this does not create additional buildable lot.

 

Roll Call:

Mr. Schmidt - yes         Mr. Behrens – yes

Mr. Hall – yes              Mr. Rilee – yes

Mr. Zoschak – yes       Mayor DeFillippo – yes

 

Motion carried 6 – 0

 

05-09               ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND ESTABLISH A CAP BANK

 

Mr. Rilee made a motion to introduce Ordinance 05-09.  Mr. Schmidt seconded the motion.

 

Roll Call:

Mr. Rilee – yes Mr. Schmidt – yes

Mr. Behrens – yes        Mr. Hall – yes

Mr. Zoschak – yes       Mayor DeFillippo – yes

 

Motion carried 6 - 0

 

HEARING AND ADOPTION OF ORDINANCES ON SECOND READING

 

DRAFT RESOLUTION FOR DISCUSSION

None

 

DRAFT RESOLUTION FOR DISCUSSION

None

 

INTRODUCTION OF BUDGET

09-93               MUNICIPAL BUDGET NOTICE

Previously Discussed

 

INTRODUCTION AND ADOPTION OF RESOLUTIONS

09-94               A RESOLUTION INCORPORATING BY REFERENCE HEREIN AND APPROVING THE FOLLOWING NUMBERED RESOLUTIONS LISTED ON THE WORKSHOP COUNCIL MEETING AGENDA FOR THIS DATE: 09-95, 09-96, 09-97, 09-98, 09-99, 09-100, 09-101, 09-102, 09-103, 09-104, 09-106, 09-107, 09-108, 09-110, 09-111, 09-112, 09-113

 

Mr. Rilee made a motion to adopt Resolution 09-94.  Mr. Zoschak seconded the motion.

 

Roll Call:

Mr. Rilee – yes Mr. Zoschak – yes

Mr. Behrens – yes        Mr. Hall – yes

Mr. Schmidt – yes        Mayor DeFillippo – yes

 

Motion carried 6 – 0

 

09-95               A RESOLUTION AUTHORIZING THE REFUND OF UNUSED ENGINEERING INSPECTION FEES TO ANN GENTILE FOR A PROJECT KNOWN AS 210 KINGS HIGHWAY, LANDING BLOCK 10603, LOT 3

 

09-96               A RESOLUTION AUTHORIZING THE REFUND OF UNUSED ENGINEERING INSPECTION FEES TO ROXBURY 2002 LLC FOR A PROJECT KNOWN AS GEMINI INDUSTRIES INC.  FACILITY EXPANSION LOCATED ON ROUTE 46, LEDGEWOOD BLOCK 9501, LOT 9

 

09-97               A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A PERFORMANCE SURETY BOND SUBMITTED BY ETEL REALTY, LLC TO GUARANTEE COMPLETION OF SITE IMPROVEMENTS ASSOCIATED WITH A SITE PLAN APPROVAL FOR BLOCK 9201, LOT 2, ROUTE 206, ROXBURY TOWNSHIP

 

09-98               A RESOLUTION AUTHORIZING THE RELEASE OF A CASH BOND POSTED BY ROXBURY 2002, LLC, FOR SOIL RELOCATION AT ITS PROPERTY LOCATED ON ROUTE 46, LEDGEWOOD BLOCK 9501, LOT 9

 

09-99               A RESOLUTION AUTHORIZING THE RELEASE OF A CASH BOND POSTED BY ROXBURY 2002 LLC FOR ITS PROJECT LOCATED ON ROUTE 46 BLOCK 9501, LOT 9

 

09-100             A RESOLUTION AUTHORIZING THE RELEASE OF SURETY BONDS POSTED BY ROXBURY 2002 LLC FOR IT’S PROJECT LOCATED ON ROUTE 46 BLOCK 9501, LOT 9

 

09-101             A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A CASH MAINTENANCE BOND AND SUBSEQUENT RELEASE OF THE CASH PERFORMANCE BOND NO. 05-168 POSTED BY ROXBURY 2002, LLCFOR THE REPLACEMENT OF TREES AT THE PROPERTY KNOWN AS BLOCK 9501, LOT 9

 

09-102             A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE STATE OF NEW JERSEY DEPARTMENT OF TRANSPORTATION AND TOWNSHIP OF ROXBURY FOR TRAFFIC CONTROL ON I-80 EB OVER BERKSHIRE VALLEY ROAD

 

09-103             A RESOLUTION AUTHORIZING THE TOWNSHIP OF ROXBURY TO SUBMIT A GRANT APPLICATION AND ENTER INTO AN AGREEMENT OF ALL RESPONSIBILITIES AS SET FORTH IN THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT CDFA # 16.804

 

09-104             A RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT TO BANISCH ASSOCIATES, INC. TO ASSIST THE TOWNSHIP IN THE PREPARATION OF A HIGHLANDS COUNCIL INITIAL ASSESSMENT GRANT REPORT

 

09-105             A RESOLUTION AUTHORIZING AN APPICATION FOR AN ANJEC SMART GROWTH PLANNING GRANT FOR MUNICIPALITIES

 

09-106             RESOLUTION AUTHORIZING THE TOWNSHIP TO APPLY

TO THE DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR THE 2008 RECYCLING TONNAGE GRANT

 

09-107             A RESOLUTION ESTABLISHING THE 2009 ROXBURY

TOWNSHIP MEMORIAL DAY PARADE COMMITTEE

 

09-108             A RESOLUTION AMENDING THE MEMBERSHIP OFTHE TOWNSHIP FIRE DEPARTMENT

 

09-110             A RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT TO QUALITY ELECTRICAL CONSTRUCTION CO. FOR SOCCER FIELD LIGHTING AT HORSESHOE LAKE PARK

 

09-111             A RESOLUTION AUTHORIZING ACCEPTANCE OF GIFTS FROM UNITED METAL FABRICATORS, INC. (UMF)

 

09-112             A RESOLUTION AUTHORIZING THE REFUND OF TAXES

 

09-113             A RESOLUTION AUTHORIZING THE PAYMENT OF BILLS

 

 

PERSONNEL CHANGES

No Discussion

 

COMMUNICATIONS

March 27, 2009

#1 – Correspondence from Christopher Raths, Township Manager, to Mr. Frank Pinto, Director of Planning and Development for the County of Morris, re: Letter thanking Mr. Pinto for his presentation at the March 24, 2009 Council meeting and outlining Roxbury’s concerns regarding the rehabilitation of the rail line behind Horseshoe Lake – The Freeholders were copied individually

 

#4 – Correspondence from Alex DeCroce, Republican Leader of the Genera Assembly of New Jersey, to Township Mayor, dated March 2009, re: Request to consider adopting “Resolution in Opposition to Governor Corzine’s FY 2010 State Budget” – the Clerk’s Office will check to see if we did this.  If we did not, the resolution will be on the next Agenda.

April 3, 2009

#3 – Correspondence from Lucy Vandenberg, Executive Director of COAH, to the Mayor, dated March 30, 2009, re: “COAH Scarce Resource Restraint” – The Scarce Resource Restraint has been lifted for the Township.

 

#8 – Correspondence from Michael Koyblarz, Township Engineer/Director of Utilities, to Thomas A. Segreto, Esq. of Scarinci Hollenbeck, dated March 23, 2009, re: Township of Roxbury/Borough of Mt Arlington: Parker Road Sanitary Sewer Connections (response to letter of March 5, 2009) – The Township did a survey and the residents did not want to hook up.  The line was put in anyway.

 

April 9, 2009

#2, #3, #4 – Correspondence from Michael A. Rossi, Jr., Ph.D., Superintendent, Roxbury Township Public Schools, to Officer Brian Feeny, Officer Glenn Gordon and Officer Randy Brands, of the Roxbury Township Police Department, dated April 1, 2009, re: Thank you letter regarding the interactive program about the dangers of drunk and distracted driving, “Every 15 Minutes” – Congratulations to Brian, Glenn and Randy for a job well done

 

#10 – Article from the Star-Ledger, dated April 1, 2009, re: “Rail, road options considered for Morris” (Freight traffic increase sparks a 2-year study) – Mayor DeFillippo thought this article was pertinent.

 

PUBLIC PORTION

Chris Rogers, Landing, discussed various points of the school budget presentation.

 

Dennis Wine, 4 Holly Drive, Succasunna, commended Council for their budget. He discussed the school budget presentation and stated that there is a substantial dollar amount in their rate of increase.

 

Mr. Kluska, Emmans Road, asked Mr. Rilee if he felt that his question to the Superintendent of Schools was answered.  Mr. Rilee stated that it was not.

 

EXECUTIVE SESSION

09-114 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. Rilee made a motion to adopt Resolution 09-114 for Executive Session.  Mr. Zoschak seconded the motion.

 

Roll Call:

Mr. Rilee – yes Mr. Zoschak – yes

Mr. Behrens – yes        Mr. Hall – yes

Mr. Schmidt – yes        Mayor DeFillippo – yes

 

Motion carried 6 - 0

 

At 9:50 PM Council took a short break

At 10:00 PM Council returned to the meeting and went into Executive Session

 

ADJOURNMENT

At 11:10 PM Mr. Zoschak made a motion to adjourn the Regular Meeting.  Mr. Rilee seconded the motion.

 

All In Favor - yes

 

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 – abstain      Mr. Zoschak – yes

                                    Mayor DeFillippo - yes