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March 24, 2009

 

A Regular Meeting of the Township Council of the Township of Roxbury was held on March 24, 2009 at 1715 Route 46, Ledgewood, New Jersey at 6:30 PM.

 

PLEDGE OF ALLEGIANCE

 

OPEN PUBLIC MEETING STATEMENT

Notice is hereby given that the Regular Meeting of the Township Council of the Township of Roxbury which was scheduled be held on Tuesday, March 24, 2009 at 7:30 PM at 1715 Route 46, Ledgewood, New Jersey will begin at 6:30 PM for discussion of the 2009 Budget.

 

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 March 19, 2009; notice was posted on the bulletin board in the main hallway of the Municipal Building on March 19, 2009.

 

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

 

ALSO PRESENT:  Christopher Raths, Township Manager; James Bryce, Esq., (for Township Attorney Anthony Bucco); BettyLou DeCroce, Township Clerk; Lisa Spring, Chief Financial Officer

 

DISCUSSION ON 2009 BUDGET

Mr. Raths advised Council members that the only change in the revised Capital Budget was a reduction of the energy efficiency amount from $100,000 to $40,000 to reflect the fact that we will not be making a decision until after the completion of the Energy Audit. 

 

Mr. Raths stated that Mr. Kobylarz, Township Engineer/Director of Utilities, said that Righter Road could be resurfaced with new asphalt this year.

 

Lisa Spring, Chief Financial Officer and Christopher Raths, Township Manager went over the changes as discussed at the last budget meeting.  The final budgeted amount for 2009 is 3.33% increase for the municipal budget.  This would equate to a $60.00 increase on every $200,000.00 assessment.

 

Discussion also took place with regard to the water and sewer utilities.

 

At this time Lisa Spring, Chief Financial Officer left the meeting as the budget session concluded.

 

APPROVAL OF MINUTES

January 13, 2009 Executive Session

February 24, 2009 Regular Meeting

March 10, 2009, Executive Session

Executive Minutes Public Release

 

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

 

Roll Call:          Mr. Schmidt ? Yes                  

Mr. Hall ? Yes

                        Mr. Behrens ? Yes

            Deputy Mayor Rilee ? Yes, Abstain 02/24/09

                        Mr. Smith ? Yes, Abstain 02/24/09

                        Mr. Zoschak  - Yes, Abstain 02/24/09 and 03/10/09

                        Mayor DeFillippo ? Yes, Abstain 03/10/09

Motion carried 7 to 0, with three abstentions on February 24, 2009 Regular Meeting minutes and two abstentions March 10, 2009 Executive Meeting minutes.

 

 

 

Mayor DeFillippo opened the meeting to the public.

 

PUBLIC PORTION

Ed Kirchgessner

27 Honeyman Drive, Succasunna

Mr. Kirchgessner stated that he has observed trash on Commerce Avenue, Hillside Avenue and Route 46 that he feels should be cleaned up.  Mr. Raths will follow up on this.

 

Robert Kluska

274 Emmans Road, Flanders

Mr. Kluska asked if the Historic Trust Fund is comprised of offset money.  Mr. Raths stated that it is not.

 

Miriam Morris

208A Emmans Road, Flanders

Ms. Morris stated that, in the fall, a referendum is needed rewording the Historic Restoration work in the Open Space Plan.  Council members stated that this would be on the next Agenda for discussion.

 

Mayor DeFillippo closed the meeting to the public.

 

 

Mayor DeFillippo amended the agenda to address ?MATTERS REQUESTED /REFERRED BY COUNCIL MEMBERS, MANAGER, ATTORNEY OR CLERK?

 

A.  Presentation-Frank Pinto Morris County Development Stimulus Fund for M&E Railroad

Frank Pinto, Morris County Engineer, and John Bonanni, Morris County Administrator, were in attendance to discuss the Federal Stimulus Package Fund with regard to the M&E Railroad.  Mr. Pinto discussed the County taking over the rail line and expanding its use through the inclusion of the Holland Manufacturing line.  The line would service the Kuiken Brothers facility on the southern side of Rt. #10 and, in the future, the Westinghouse property in Randolph.

 

The following issues were among the several that were brought up by various Council members during the ensuing discussion:

Ø      Usage:  Frequency of use & possibility of increasing.  Concerns about trans-loading

Ø      Aesthetics:  Potential for storage ? unsightly

Ø      Safety:  Pedestrian protection from train at the line by the recreation fields:  no room for fence or trees due to space limitations between the current roadway and the rail line to allow for a barrier

Ø      Location:  The line goes right through (against the tracks) the bike path (Green Acres funding).  This would be detrimental to the entire Recreation area and fields in Roxbury

Ø      Other:  Possible Wetlands issues? Concerns about the fact there will not be any Environmental Impact study.

Ø      Benefit to Roxbury?:  This investment would not benefit Roxbury Township, but it impacts our largest recreational facility (it helps Randolph with potential ratables)

Ø      Taxpayer:  Limited, if any, benefit to the taxpayer.

Ø      Noise:  Disruptive to Roxbury residents

 

Mr. Pinto stated that he would share the Council?s concerns with County Engineer, the NJTTA and the NJDOT.

 

Mayor DeFillippo returned to the order of the agenda.

 

 

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

 

Mr. Zoschak stated that he has a report from the Lake Hopatcong Commission, but that they did not discuss funding at last Monday?s meeting because there currently is not a completed, viable business plan.

 

Mr. Zoschak asked if Roxbury Township has a camera system with the ability to inspect underwater pipes.  Mr. Blood, Director of Public Works, was present and confirmed that Roxbury does have such a camera system.  Mr. Zoschak asked if Lake Hopatcong could borrow the equipment from us.  Mr. Blood will discuss this with Mr. Raths.

 

Mr. Zoschak reported that the two gentlemen (kids) who run the Lake Hopatcong Times publication presented the Lake Hopatcong Commission with a check for $137 that they earned through a sporting event fundraiser. 

 

Mr. Zoschak reported that the work from the Lake Hopatcong Commission?s 319 Grant and the EPA Watershed Grant (along King Road) are in the process of being done.

 

Mr. Zoschak stated that the State reduced Lake Hopatcong?s outflow from 7.5 million gallons per day to 5 million gallons per day.

 

Mr. Zoschak stated that the Landing seawall will be completed by April 1st.

 

Mr. Zoschak stated that he feels that Shippenport Road is in terrible condition and that it needs to be paved.  Mr. Raths stated that Mr. Kobylarz, Township Engineer/Director of Utilities, has been working on this.  Mr. Raths will update the Council members with the status as soon as he gets any further information.

 

Mr. Zoschak stated that there are some bags of garbage by Landing Road that the S.L.A.P. program had collected, but have not been collected by the Sanitation Department.

 

Mr. Smith stated that the Open Space Committee is scheduled to meet next Wednesday.

 

Mr. Smith stated that the Economic Development Committee is scheduled to meet this Thursday.

 

Mr. Smith stated that June 5, 2009 at 8:00 PM is the grand opening of the Community Art Center.  Mr. Smith stated that he is expecting Andrea McArdle, who played the first ?Annie? on Broadway to be in attendance, and possibly some other special guests.

 

Mr. Smith stated that, in regards to the Water Utility, there has been a significant drop in capital activity, resulting in a reduction in connection fees, and, therefore, affecting that source of money that is usually used for making capital payments.

 

Mr. Smith stated that there is a nine year-old girl in a coma that lives in Roxbury Township and that prayers are needed.

 

Mr. Hall stated that there was a Shared Services meeting last week and he will provide notes to Mr. Raths to be included in next week?s Communication packet.

 

Mayor DeFillippo stated that the Main Street Clock dedication ceremony is scheduled for Sunday, May 3, 2009 from 2:00 PM to 4:00 PM.

 

Mayor DeFillippo stated that she represented Roxbury Township on a panel that reviewed the Community Development Block Grant applications.  Mayor DeFillippo stated, that although she did not participate on the panel during the review of the two Roxbury projects, she felt optimistic about a favorable outcome.

Mayor DeFillippo stated that the Memorial Day Parade Committee is scheduled to meet on Wednesday, April 1, 2009.

 

A.  New Business (no discussion)

 

B.  Old Business (no discussion)

1.  Procurement Policy (no discussion)

 

 

MATTERS REQUESTED/REFERRED BY COUNCIL MEMBERS, MANAGER, ATTORNEY OR CLERK (previously discussed)

 

 

DRAFT ORDINANCES FOR DISCUSSION

None

 

INTRODUCTION OF PROPOSED ORDINANCES

None

 

HEARING AND ADOPTION OF ORDINANCES ON SECOND READING

 

09-01               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

 

Deputy Mayor Rilee made a motion to open Ordinance 09-01 to the public.  Mr. Smith seconded the motion.

 

Roll Call:                      Deputy Mayor Rilee ? Yes       Mr. Smith ? Yes

Mr. Behrens - Yes                    Mr. Hall ? Yes

Mr. Schmidt ? Yes                   Mr. Zoschak ? Yes

Mayor DeFillippo - Yes

 

Motion Carried 7 to 0.

 

No public comment

 

Mr. Hall made a motion to close Ordinance 09-01 to the public.  Mr. Zoschak seconded the motion.

 

Roll Call:                      Mr. Hall ? Yes                         Mr. Zoschak ? Yes

Mr. Behrens - Yes                    Deputy Mayor Rilee ? Yes

Mr. Schmidt ? Yes                   Mr. Smith ? Yes

Mayor DeFillippo - Yes

 

Motion Carried 7 to 0.

 

Deputy Mayor Rilee made a motion to adopt Ordinance 09-01.  Mr. Hall seconded the motion.

 

Roll Call:                      Deputy Mayor Rilee ? Yes       Mr. Hall ? Yes

Mr. Behrens - Yes                    Mr. Schmidt ? Yes

Mr. Smith ? Yes                       Mr. Zoschak ? Yes

Mayor DeFillippo - Yes

 

Motion Carried 7 to 0.

 

 

 

DRAFT RESOLUTION FOR DISCUSSION

None

 

INTRODUCTION AND ADOPTION OF RESOLUTIONS

09-83               A RESOLUTION INCORPORATING BY REFERENCE HEREIN AND APPROVING THE FOLLOWING NUMBERED RESOLUTIONS LISTED ON THE WORKSHOP COUNCIL MEETING AGENDA FOR THIS DATE:  09-84, 09-85, 09-86, 09-87, 09-88, 09-89, 09-90, 09-91

 

Deputy Mayor Rilee made a motion to adopt Resolution 09-83.  Mr. Schmidt seconded the motion.

 

Roll Call:                      Deputy Mayor Rilee ? Yes       Mr. Schmidt ? Yes

Mr. Behrens - Yes                    Mr. Hall ? Yes

Mr. Smith ? Yes                       Mr. Zoschak ? Yes

Mayor DeFillippo - Yes

 

Motion Carried 7 to 0.

 

 

09-84               A RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF ROXBURY, IN THE COUNTY OF MORRIS, STATE OF NEW JERSEY, AUTHORIZING PROCEEDING WITH THE APPLICATION FOR FUNDS FROM THE MORRIS COUNTY HISTORIC PRESERVATION TRUST FUND FOR FOUNDATION REPAIR AT THE HOMESTEAD MUSEUM, 209 MAIN STREET, LEDGEWOOD, NJ 07852

 

09-85               A RESOLUTION AUTHORIZING THE HISTORIC ADVISORY COMMITTEE TO PROCEED WITH THE GRANT APPLICATION FROM THE MORRIS COUNTY HISTORIC PRESERVATION TRUST FUND FOR THE KING HOMESTEAD REHABILITATION PROJECT, 209 MAIN STREET, BLOCK 6408, LOT 1

 

09-86               A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A CASH BOND FOR THE SOIL MOVING PERMIT APPROVED FOR ETEL REALTY, LLC. LOCATED ON 99 ROUTE 206 IN THE TOWNSHIP OF ROXBURYBLOCK 9201, LOT 2

 

09-87               A RESOLUTION TO APPROVE TO SUBMIT A GRANT APPLICATION AND EXECUTE A GRANT AGREEMENT WITH THE NEW JERSEY DEPARTMENT OF TRANSPORTATION FOR THE HIGHWAY SAFETY GRANT FUND PROJECT

 

09-88               A RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS

 

09-89               A RESOLUTION AUTHORIZING THE CANCELLATION OF INTEREST CHARGED FOR DELINQUENT TAXES ON BLOCK 8301 LOT 3, 94 LAZARUS DR

 

09-90               A RESOLUTION AUTHORIZING THE REFUND OF TAXES

 

09-91               A RESOLUTION AUTHORIZING THE PAYMENT OF BILLS

Mr. Behrens asked for clarification on check #51582 and #51649.  Mr. Raths answered.

 

 

PERSONNEL CHANGES

None

 

 

 

 

 

COMMUNICATIONS

March 20, 2009

#1, P.  King?s Highway Drainage 

Mr. Zoschak asked Mr. Blood if there is a way to help expedite this process.  Mr. Blood stated that Mr. Kobylarz is working on it.

 

#4  Correspondence from resident Wayne Verderber to Mr. Rick Blood, Director of Public Works, dated March 11, 2009, re:  request to remove Maple trees and repair sidewalk

Mayor DeFillippo asked if we will be following up with the resident.  Mr. Blood will respond to the resident and address the situation.

 

#6  Correspondence from Cynthia DiTaranto, dated March 17, 2009, re:  Resignation from Historic Advisory Committee

Mr. Zoschak requested that a ?Thank You? letter be sent, if not already done. 

 

#7  Correspondence from David J. Martin, Supervising Engineer, Bureau of Traffic Engineering and Investigations of NJDOT, to resident Michele Natali, dated March 16, 2009, re:  Traffic Signal Revision Request, Route NJ 10 and Hillside Avenue

Mr. Smith suggested replying to the State of New Jersey, as well as, Ms. Natali.  Mr. Raths stated that he had already drafted the response letters (which credit the County and their efforts) and will be mailing out shortly.

 

#8  Correspondence from Stephen Dilts, Commissioner of NJDOT, to Mayor, dated March 16, 2009, re:  Information on applications for ?Municipal Aid?; ?Bikeway?; ?Centers of Place?; ?Safe Streets to Transit? and ?Transit Village Programs?

Mr. Smith asked if Roxbury Township will be applying for any of these.  Mr. Raths stated that Mr. Kobylarz is currently looking into Roxbury?s eligibility for any of these.

 

#9  Correspondence from Gary Rice, Deputy Administrator of NJDEP, to Mayor, dated March 16, 2009, re:  Green Acres Planning Incentive Program & Open Space and Recreation Plan (OSRP) requirement

Mr. Smith stated that he has been on the Open Space Committee for the last five years and he thought that this had been done.   Mr. Raths stated that the NJDEP is requesting more in depth information.  Mr. Raths will have more details once we receive the requirements and standards from the State.

 

#17  Mayors Fax Advisory, dated March 17, 2009, re:  ?COPS Hiring Recovery Program (CHRP)? (currently accepting applications)

Mr. Zoschak stated that we are not interested in pursuing any of the grants outlined in the correspondence.

 

#28  Correspondence from Steven Rattner, Chairman of the Musconetcong Sewerage Authority, dated March 13, 2009, re:  letter from Howard Matteson, PE of Camp Dresser & McKee, Inc. (1/28/09) requesting information needed to complete the Wastewater Management Plan (WMP) for Morris County

Mayor DeFillippo asked if we had provided the information about Lake Musconetcong yet.  Mr. Raths stated that Melanie Michetti would be doing that.

 

 

Mayor DeFillippo opened the meeting to the public.

 

PUBLIC PORTION

Ed Kirchgessner

27 Honeyman Drive, Succasunna

Mr. Kirchgessner stated that all of the flags had been stolen off the Monument at Horseshoe Lake.  Mr. Kirchgessner stated that the VFW has put them in about four times.  Mr. Raths stated that, if need be, we will replace the flags, but that we also want to catch who did it, so the surveillance tapes will be reviewed in an effort to identify those responsible for removing the flags.

 

Robert Kluska

274 Emmans Road, Flanders

Mr. Kluska stated that he felt an active rail line through the Horseshoe Lake property would be detrimental and thanked the Council for taking a stand against the County?s proposed use of that rail line.  Mr. Kluska stated that after a previous railroad renovation (about ten years ago), it took the Council several years to get the old railroad ties and debris cleaned up.  Therefore, he asked the Council to make sure that, if this current project proposal does come to fruition, that there are provisions in place to ensure rapid cleanup.  Mr. Kluska also stated that, if the rail does become active, the Council should make sure that railroad cars are not allowed to park overnight at that location. 

 

Ed Kirchgessner

27 Honeyman Drive, Succasunna

Mr. Kirchgessner stated that when the use of the rail line that led into the Westinghouse plant was discontinued several years ago, the tracks were also covered up.

 

Mayor DeFillippo closed the meeting to the public.

 

EXECUTIVE SESSION

09-92               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. Smith made a motion to adopt Resolution 09-92.  Mr. Zoschak seconded the motion.

 

Roll Call:                      Mr. Smith ? Yes                       Mr. Zoschak ? Yes

Mr. Behrens - Yes                    Mr. Hall ? Yes

Deputy Mayor Rilee ? Yes       Mr. Schmidt ? Yes

Mayor DeFillippo ? Yes

 

Motion Carried 7 to 0.

 

 

ADJOURNMENT

 

At 9:35 PM, Mr. Schmidt made a motion to adjourn the meeting.  Mr. Zoschak seconded the motion.

 

Roll Call:                      Mr. Schmidt ? Yes                   Mr. Zoschak ? Yes

Mr. Behrens - Yes                    Mr. Hall ? Yes

Deputy Mayor Rilee ? Yes       Mr. Smith ? Yes

Mayor DeFillippo ? Yes

 

Motion Carried 7 to 0.

 

Submitted By:

 

 

________________________________

BettyLou DeCroce

Township Clerk

 

MINUTES APPROVED BY COUNCIL

DATE:                        July 14, 2009

ROLL CALL:            Mr. Schmidt ? yes        Mr. Rilee ? yes

                                    Mr. Behrens ? yes        Mr. Hall ? yes

                                    Mr. Zoschak ? yes       Mayor DeFillippo - yes