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April 28, 2009

                                                                                   

A Regular Meeting of the Township Council of the Township of Roxbury was held on April 28, 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):  Councilman Gary Behrens, Deputy Mayor Jim Rilee, Councilman Fred Hall, Councilman Martin Schmidt, Councilman Richard Zoschak, Councilman Tim Smith, and Mayor Kathy DeFillippo

 

Also Present:  Christopher Raths, Township Manager; Anthony Bucco, Township Attorney and BettyLou DeCroce, Township Clerk

 

APPROVAL OF MINUTES

Executive Minutes Public Release ? None

March 10, 2009 Regular Meeting

April 14, 2009 Regular Meeting

April 14, 2009 Executive Session - HOLD until after executive session

 

Deputy Mayor Rilee made a motion to approve the Regular Meeting minutes as listed above.  Mr. Hall seconded the motion.

 

Roll Call:          Deputy Mayor Rilee ? Yes

                        Mr. Hall ? Yes

                        Mr. Behrens ? Yes

                        Mr. Schmidt ? Yes

                        Mr. Smith ? Yes, Abstain 04/14/09

            Mr. Zoschak  - Yes, Abstain 03/10/09

                        Mayor DeFillippo ? Yes, Abstain 03/10/09

 

Motion carried 7 to 0, with two abstentions on February 10, 2009 Regular Meeting minutes and one abstention on April 14, 2009 Regular Meeting minutes.

 

 

Mayor DeFillippo opened the meeting to the public.

 

PUBLIC PORTION

Dennis Wine

4 Holly Drive, Succasunna

Mr. Wine asked what the Township Council?s role is in addressing the School?s defeated budget.  Mr. Bucco explained the process regarding a defeated school budget.  He explained that the Council can recommends cuts to the budget.  The final budget amount will be certified to the County by the Township Council.  However, the School Board is not obligated to accept the Council?s specific recommendations.  Mr. Wine and Council members briefly discussed issues, including flat/declining school enrollment figures and special education costs.  Mr. Raths offered to forward any written/emailed comments or questions regarding the School Budget to the Board of Education.

 

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- Highlands-Regional Master Plan Conformance

Eileen Swan, Executive Director, Highlands Council, and Thomas Borden, Deputy Executive Director and Chief Counsel, gave a PowerPoint presentation regarding conformance with the Highlands Regional Master Plan. 

 

B.  Appointment- Historic Advisory Committee - unexpired term of Cynthia DiTaranto

No appointment made

 

C.  Proclamation-Civic Prayer National Day

Mayor DeFillippo read the above proclamation in its entirety.

 

D.  Roxbury Fire Company # 1 Ladies Auxiliary-One Day Liquor License

 

Mr. Hall made a motion to approve Item D.  Mr. Schmidt seconded the motion.

 

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

Mr. Behrens ? Yes                   Deputy Mayor Rilee ? Yes

Mr. Smith ? Yes                       Mr. Zoschak ? Yes

Mayor DeFillippo ? Yes

 

Motion carried 7 ? 0.

 

 

Mayor DeFillippo returned to the order of the agenda.

 

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

Mr. Schmidt stated that the Grand Opening of the Community Garden Environmental Center was well attended.  Mr. Schmidt also stated that, out of 76 spots, approximately 65 are sold.

 

Mr. Zoschak stated that Lake Hopatcong?s water level is still low.  He further stated that there are numerous requests to the State to close the dam and cease the outflow.  Mr. Zoschak stated that, even if those requests are successful, it could take a month or more to fill the lake.

 

Mr. Zoschak stated that the Fire Chief is reluctant to drive the fire trucks on Shippenport Road. Mr. Raths stated that Mr. Blood, Director of Public Works, is looking into this.

 

Mr. Zoschak stated that the high school Kiwanis Club was at Horseshoe Lake this past weekend cleaning. 

 

Mr. Zoschak stated that the American flag on the Veterans Memorial is tattered and worn.  Mr. Schmidt offered to replace the torn flag.

 

Mr. Zoschak stated that Wills Road residents have been asking about ?No Dumping? signs on Atlas Road.  Mr. Raths stated that the Health Department has been out on several occasions.

 

Mr. Zoschak also stated that the resident at 539 Wills Road is still waiting for Public Works to remove the abandoned hydrant pipe that is sticking up out of the ground.

 

Mr. Smith stated that the Water/Sewer Committee met last week and discussed outstanding debt, and the decreasing number of connections resulting in reduced revenues for connection fees.

 

Mr. Smith asked if the Open Space grant money is in jeopardy if the purchase of the Swim & Sport Club?s property is not completed by the deadline of the end of the month.  Mr. Raths stated that the County is fully aware of the situation and that the funding will be still be available even if the closing is after the end of April.

 

Mr. Smith stated that the Economic Development Committee and the Chamber of Commerce are co-sponsoring the ?Taste of Roxbury? event on May 12, 2009.

 

Mr. Smith stated that the Economic Development Committee had a realtor at their last meeting who stated that there are several towns that have more vacant commercial buildings than Roxbury has and it is more of a sign of the times than a reflection on Roxbury?s ability to attract businesses.

 

Mr. Smith stated that the Economic Development Committee reviewed a Route 46 Service Station compliance report with non-compliance being a problem on the weekends.  Mr. Raths stated that he is aware of the issue.

 

Mayor DeFillippo asked if a sign could be displayed outside the Quality Inn advertising the ?Taste of Roxbury? event.  Mr. Raths stated that someone had already contacted the Planning & Zoning Department.

 

Mayor DeFillippo asked about the feasibility of obtaining a permit to serve liquor (wine) at the event.  BettyLou DeCroce, Township Clerk, stated that there is not enough time prior to the event for a One Day Liquor license to be obtained.

 

Mr. Hall stated that he and Mr. Schmidt spoke with Freeholders Chegwidden and Cabana regarding Roxbury?s concerns about the train track situation at Horseshoe Lake.

 

Mayor DeFillippo stated that she spoke with Freeholder Director Gene Feyl yesterday and that Roxbury?s request to move the location of the tracks would cause the County to be ineligible for the Federal Stimulus money, which allows funding for ?shovel-ready? projects only.

 

Mr. Hall stated that he is concerned with safety due to the tracks being within three feet of the existing bike path and the extension of the tracks will actually go over the bike path.  He stated that they could just rearrange the tracks and cut it through the woods up by the other property line.

 

Deputy Mayor Rilee stated that Roxbury understands the ?shovel-ready? concept, but wants the tracks to terminate at the Kuiken Brothers location and not to extend through Horseshoe Lake.

 

Mr. Schmidt stated that he is also concerned that the roadway leading to the back of the lake will need to be eliminated if this section of the track is refurbished, rendering it inaccessible and unusable.  Mayor DeFillippo stated that the County feels that we should be able to use the side street by the back of the lake to gain access to it.  Mr. Schmidt stated that the County is essentially ruining the best park in Morris County and that Roxbury needs to take some sort of strong action in opposition.

 

Mr. Hall stated that he attended the Board of Education meeting last night.  He stated that there were questions about the number of secretaries that the Board of Education employs.

 

Mr. Hall stated that Recreation sent out final Request for Quotes for the turf field to see if the cost may have gone down due to the state of the economy.

 

Mr. Raths reminded the Council that the unveiling of the Main Street Clock will take place on Sunday.

 

Mr. Bucco asked Ms. DeCroce why Ordinance numbers 03-09, 04-09 and 05-09, which were introduced on April 14, 2009, are not on tonight?s agenda.  Ms. DeCroce stated that the Executive Assistant, Ms. Wyble, takes care of the agenda and that Mr. Raths will have to check on the status of the final readings and get back to the Council with a response.

 

BettyLou DeCroce updated Council members on the current status and the success of the Tab Group as funded through the PARIS Grant money.

 

Mayor DeFillippo stated that a meeting between NJDEP and property and business owners surrounding Lake Hopatcong took place on April 20, 2009.  She stated that the outflow from the lake has been reduced and that NJDEP will be closely monitoring the situation.

 

Mayor DeFillippo publicly thanked the following people, departments and groups for their help in making the recent MS Walk event a success:

The Police Explorers; the Police Department; Company No.1 Fire & First Aid; the Recreation, Department and Director Dave Stierli; Emergency Management, Director Bob Hackett and EMT personnel; Mia Raths, the Girl Scout volunteer organizer; and all the countless volunteers and walkers.

 

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

A.  Presentation- Highlands-Regional Master Plan Conformance ? (previously discussed)

B.  Appointment- Historic Advisory Committee - unexpired term of Cynthia DiTaranto

C.  Proclamation-Civic Prayer National Day - (previously discussed)

D.  Roxbury Fire Company # 1 Ladies Auxiliary-One Day Liquor License (previously approved)

 

DRAFT ORDINANCES FOR DISCUSSION

None

 

INTRODUCTION OF PROPOSED ORDINANCES

06-09               CAPITAL ORDINANCE OF THE TOWNSHIP OF ROXBURY, IN THE COUNTY OF MORRIS, NEW JERSEY AUTHORIZING THE ACQUISITION OF NEW ADDITIONAL OR REPLACEMENT EQUIPMENT AND MACHINERY, NEW INFORMATION TECHNOLOGY EQUIPMENT AND NEW COMMUNICATION AND SIGNAL SYSTEMS EQUIPMENT IN, BY AND FOR THE TOWNSHIP, APPROPRIATING THEREFOR THE SUM OF $35,640 AND PROVIDING THAT SUCH SUM SO APPROPRIATED SHALL BE RAISED FROM THE CAPITAL IMPROVEMENT FUND OF THE TOWNSHIP

 

Deputy Mayor Rilee made a motion to introduce Ordinance 06-09.  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 ? 0.

 

 

07-09               CAPITAL ORDINANCE OF THE TOWNSHIP OF ROXBURY, IN THE COUNTY OF MORRIS, NEW JERSEY AUTHORIZING THE MAKING OF VARIOUS SANITARY SEWER SYSTEM IMPROVEMENTS IN, BY AND FOR THE SEWER UTILITY OF THE TOWNSHIP, APPROPRIATING THEREFOR THE SUM OF $208,000 AND PROVIDING THAT SUCH SUM SO APPROPRIATED SHALL BE RAISED FROM THE SEWER UTILITY CAPITAL IMPROVEMENT FUND OF THE TOWNSHIP.

 

Mr. Schmidt made a motion to introduce Ordinance 07-09.  Mr. Smith seconded the motion.

 

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

Mr. Behrens ? Yes                   Mr. Hall ? Yes

Deputy Mayor Rilee ? Yes       Mr. Zoschak ? Yes

Mayor DeFillippo ? Yes

 

Motion carried 7 ? 0.

 

 

08-09               BOND ORDINANCE TO AUTHORIZE THE MAKING OF VARIOUS WATER SYSTEM IMPROVEMENTS AND THE ACQUISITION OF NEW ADDITIONAL OR REPLACEMENT EQUIPMENT AND MACHINERY IN, BY AND FOR THE WATER UTILITY OF THE TOWNSHIP OF ROXBURY, IN THE COUNTY OF MORRIS, STATE OF NEW JERSEY, TO APPROPRIATE THE SUM OF $184,000 TO PAY THE COST THEREOF, TO MAKE A DOWN PAYMENT, TO AUTHORIZE THE ISSUANCE OF BONDS TO FINANCE SUCH APPROPRIATION AND TO PROVIDE FOR THE ISSUANCE OF BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE OF SUCH BONDS

 

Mr. Schmidt made a motion to introduce Ordinance 08-09.  Mr. Smith seconded the motion.

 

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

Mr. Behrens ? Yes                   Mr. Hall ? Yes

Deputy Mayor Rilee ? Yes       Mr. Zoschak ? Yes

Mayor DeFillippo ? Yes

 

Motion carried 7 ? 0.

 

 

09-09               BOND ORDINANCE TO AUTHORIZE THE ACQUISITION OF NEW INFORMATION TECHNOLOGY EQUIPMENT AND NEW AUTOMOTIVE VEHICLES, INCLUDING ORIGINAL APPARATUS AND EQUIPMENT, IN, BY AND FOR THE TOWNSHIP OF ROXBURY, IN THE COUNTY OF MORRIS, STATE OF NEW JERSEY, TO APPROPRIATE THE SUM OF $227,400 TO PAY THE COST THEREOF, TO MAKE A DOWN PAYMENT, TO AUTHORIZE THE ISSUANCE OF BONDS TO FINANCE SUCH APPROPRIATION AND TO PROVIDE FOR THE ISSUANCE OF BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE OF SUCH BONDS

 

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

 

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

Mr. Behrens ? Yes                   Mr. Hall ? Yes

Deputy Mayor Rilee ? Yes       Mr. Schmidt ? Yes

Mayor DeFillippo ? Yes

 

Motion carried 7 - 0

 

 

10-09               BOND ORDINANCE TO AUTHORIZE THE MAKING OF VARIOUS PUBLIC IMPROVEMENTS AND THE ACQUISITION OF NEW ADDI­TIONAL OR REPLACEMENT EQUIPMENT AND MACHINERY AND NEW COMMUNICATION AND SIGNAL SYSTEMS EQUIPMENT IN, BY AND FOR THE TOWNSHIP OF ROXBURY, IN THE COUNTY OF MORRIS, STATE OF NEW JERSEY, TO APPROPRIATE THE SUM OF $1,397,283 TO PAY THE COST THEREOF, TO APPROPRIATE TRUST FUND MONEYS OF THE TOWNSHIP AND VARIOUS GRANTS, TO MAKE A DOWN PAYMENT, TO AUTHORIZE THE ISSUANCE OF BONDS TO FINANCE SUCH APPROPRIATION AND TO PROVIDE FOR THE ISSUANCE OF BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE OF SUCH BONDS

 

Mr. Smith made a motion to introduce Ordinance 10-09.  Mr. Schmidt seconded the motion.

 

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

Mr. Behrens ? Yes                   Mr. Hall ? Yes

Deputy Mayor Rilee ? Yes       Mr. Zoschak ? Yes

Mayor DeFillippo ? Yes

 

Motion carried 7 ? 0.

 

 

HEARING AND ADOPTION OF ORDINANCES ON SECOND READING

None

 

DRAFT RESOLUTIONS FOR DISCUSSION

None

 

INTRODUCTION AND ADOPTION OF RESOLUTIONS

09-115             A RESOLUTION INCORPORATING BY REFERENCE HEREIN AND APPROVING THE FOLLOWING NUMBERED RESOLUTIONS LISTED ON THE WORKSHOP COUNCIL MEETING AGENDA FOR THIS DATE:

09-116, 09-117, 09-118, 09-119, 09-120, 09-121, 09-122, 09-123, 09-124,        09-125, 09-126, 09-127, 09-128

Deputy Mayor Rilee made a motion to adopt Resolution 09-115.  Mr. Hall seconded the motion.

 

Roll Call:          Deputy Mayor Rilee ? Yes

Mr. Hall ? Yes

Mr. Behrens ? Yes

Mr. Schmidt ? Yes

Mr. Smith ? Yes, with a recusal on check no.52045

Mr. Zoschak ? Yes

Mayor DeFillippo ? Yes

 

Motion carried 7 ? 0, with one recusal on check no.52045.

 

 

09-116             A RESOLUTION APPROVING CHANGE ORDER NO. 1 (FINAL) TO THE CONTRACT WITH REIVAX CONTRACTING CORP. FOR THE INLET RECONSTRUCTION PROJECT TOWNSHIP OF ROXBURY

 

09-117             A RESOLUTION AUTHORIZING THE RELEASE OF A MAINTENANCE GUARANTEE POSTED BY KENBAR INVESTMENTS, LLC, FOR THE DEDICATION OF HILLCREST AVENUE, LEDGEWOOD, AND THE ASSOCIATED OFF-SITE IMPROVEMENTS

 

09-118             A RESOLUTION AUTHORIZING THE RELEASE OF A PERFORMANCE GUARANTEE POSTED FOR RIGHT-OF-WAY EXCAVATION PERMIT NO. AUG2801 HILLSIDE AVENUE & KENTWOOD ROAD ? SUCCASUNNA BLOCK 5301, LOT 35.01

 

09-119             A RESOLUTION AUTHORIZING THE RELEASE OF TWO (2) CASH BONDS TO GUARANTEE THE PLANTING OF SHADE TREES IN CONNECTION WITH503 MAIN STREET ? PORT MORRIS, BLOCK 10301, LOT 2.02 & 505 MAIN STREET ? PORT MORRIS, BLOCK 10301, LOT 2.03 TO SENECA HILLS CORPORATION

 

09-120             A RESOLUTION APPROVING PARTICIPATION WITH THE STATE OF NEW JERSEY IN A SAFE AND SECURE COMMUNITIES PROGRAM ADMINISTERED BY THE DIVISION OF CRIMINAL JUSTICE, DEPARTMENT OF LAW AND PUBLIC SAFETY

 

09-121             A RESOLUTION IN OPPOSITION TO GOVERNOR CORZINE?S FY 2010 STATE BUDGET

 

09-122             A RESOLUTION AUTHORIZING THE PURCHASE OF FORTY-THREE (43) GATOR HAWK ARMOR LEVEL 3A VESTS 

 

09-123             RESOLUTION AUTHORIZING REFUND OF TAXES FOR A TOTALLY DISABLED VETERAN EXEMPTION

 

09-124             A RESOLUTION AMENDING THE MEMBERSHIP OF THE TOWNSHIP FIRE DEPARTMENT

 

09-125             A RESOLUTION TO CANCEL UNEXPENDED DEDICATED BALANCES OF GENERAL CAPITAL APPROPRIATIONS

 

09-126             A RESOLUTION TO CANCEL UNEXPENDED DEDICATED BALANCES OF WATER CAPITAL APPROPRIATIONS

 

09-127             A RESOLUTION AUTHORIZING THE APPROVAL OF A PROFESSIONAL SERVICES CONTRACT WITH THOMAS M. FERRY, C.P.A. OF FERRAIOLI, WIELKOTZ, CERULLO & CUVA, P.A. FOR REVIEW OF THE DEFEATED SCHOOL BUDGET

 

09-128             A RESOLUTION AUTHORIZING THE PAYMENT OF BILLS

Mr. Behrens asked about check no.52064 to the Board of Education for $5,422.50.  Mr. Raths answered that the payment was for custodial charges from February and March for the Recreation Departments use of the school.

 

PERSONNEL CHANGES

Memo dated April 22, 2009 from Judy Riley, Sr. Personnel Coordinator

Mr. Raths stated that the ?New Hire? position for the Dial-A Rile driver is replacing a full-time driver (who retired) with a part-time driver.

 

COMMUNICATIONS

April 17, 2009

April 24, 2008

 

Deputy Mayor Rilee made a motion to file the Communications listed above.  Mr. Hall seconded the motion.

 

Roll Call:          All in Favor ? Yes

 

Motion carried 7-0.

 

 

PUBLIC PORTION

Dennis Wine

4 Holly Drive, Succasunna

Mr. Wine asked for clarification on Bond Ordinance 10-09 for ?Eyland Ave. to Randolph Border?.  Council members referred to the ordinance to explain that it was for resurfacing of Righter Road from Eyland Ave. to Randolph border.

 

Mr. Wine commended the Council for passing Resolution 09-121 ?A RESOLUTION IN OPPOSITION TO GOVERNOR CORZINE?S FY 2010 STATE BUDGET?.

 

Mr. Wine asked about the School Board?s trash collection.  Mr. Raths confirmed that the Board of Education uses an outside agency.  He further stated that they did ask the Township to bid on the service, but that the Township would have to buy all new containers, which would keep our cost from being competitive.

 

Robert Kuska

274 Emmans Road, Flanders

Mr. Kluska asked about a portion of proposed Ordinance 06-09 and if the budgeted amount for Information Technology meant that the Township was going to get new microphones for Council chambers.

 

Mr. Kluska stated that tonight?s meeting was very informative.  He commended the Council for their hard work and stated that he was impressed with the obvious knowledge they each have on the complicated issues they are faced with.

 

EXECUTIVE SESSION

09-129             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

 

At 10:30 PM, Mr. Zoschak made a motion to adopt Resolution 09-129 for Executive Session.  Deputy Mayor Rilee seconded the motion.

 

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

Mr. Behrens ? Yes                   Mr. Hall ? Yes

Mr. Schmidt ? Yes                   Mr. Smith ? Yes

Mayor DeFillippo ? Yes

 

Motion carried 7 ? 0.

 

 

At 10:55 PM, the Council exited Executive Session and returned to Open Session.

 

APPROVAL OF MINUTES

April 14, 2009 Executive Session

 

Mr. Zoschak made a motion to approve the Executive Session Minutes of April 14, 2009.  Deputy Mayor Rilee seconded the motion.

 

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

                        Mr. Behrens ? Yes                   Mr. Hall ? Yes

            Mr. Schmidt ? Yes                   Mr. Smith ? Abstain

                        Mayor DeFillippo ? Yes

 

Motion carried 6 to 0, with one abstention.

 

ADJOURNMENT

At 11:00 PM, Deputy Mayor Rilee made a motion to adjourn the meeting.  Mr. Schmidt seconded the motion.

 

All In Favor ? Yes

 

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