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June 23, 2009
A Regular Meeting of the Township Council of the Township of
Roxbury was held on June 23, 2009 at 1715 Route 46, Ledgewood, New Jersey at
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 Fred Hall, Jim Rilee, Martin Schmidt, Tim Smith, Richard
Zoschak and Mayor DeFillippo.
Christopher Raths, Township Manager; Anthony Bucco, Esq. Township
Attorney, BettyLou DeCroce, Township Clerk.
Councilman Gary Behrens
Mayor DeFillippo read the following Proclamations:
?Ovarian Cancer Awareness Month?
B. ?United States
Coast Guard Auxiliary 70th Anniversary?
March 17, 2009
March 24, 2009
March 24, 2009
Regular Meeting - HOLD
April 14, 2009
April 28, 2009
May 4, 2009
May 4, 2009 Special
May 12, 2009 Regular
May 12, 2009
May 13, 2009 Special
May 26, 2009
Mr. Schmidt made a
motion to approve all of the minutes except for the March 24, 2009 Regular
Meeting. Mr. Zoschak seconded the
Mr. Hall would like
the March 24, 2009, Regular Meeting minutes held for discussion.
Roll Call: Mr. Schmidt ? Yes
Mr. Zoschak - Yes
Mr. Hall ? Yes
Mr. Rilee ? Yes, with
the following exceptions:
Abstain on May12,
Abstain on May12, 2009-Executive Session
Abstain on May 13,
Mr. Smith ? Yes, Abstain
on April 14, 2009-Executive Session
Mayor DeFillippo ? Yes
Motion carried 6 to
0, with one abstention on April 14, 2009-Executive Session; one abstention on
May 12, 2009-Regular Meeting; one abstention on May 12, 2009-Executive Meeting;
and one abstention on May 13, 2009-Special Meeting.
Mr. Wine asked how many contractors bid on the DPW facility
project. Mr. Raths stated that there
were seventeen bidders.
Mr. Wine asked if the Council had any updates regarding the
situation with the M&E railroad tracks at Horseshoe Lake. Mayor DeFillippo stated that there have been
conversations between the Township and the Freeholders and that they are
looking at several alternatives, but that the availability of funding is an
issue. Mayor DeFillippo stated that
Freeholder Director Gene Feyl spoke to her last week and suggested that, after
the County takes over the rail line, they may offer to sell the remainder of
the right-of-way to Roxbury for fair-market value. Mayor DeFillippo stated that this is the same
property that the County is purchasing for one dollar and receiving six million
dollars of Stimulus money to rehabilitate and reactivate. Mayor DeFillippo stated that Freeholder
Director Feyl?s response was vague when asked what fair market value would be
for the piece of property they might be willing to sell. She stated that the conversation ended when
she asked who would be paying for the improvements. Mayor DeFillippo stated that further
discussion would take place during Executive Session.
Mr. Gefert discussed the McNear Excavating site and the dust
from the operations of the soil movement and the blasting that is affecting his
quality of life. Mr. Gefert stated that
it is a detriment to his property. Mr.
Raths stated that a Developers Agreement has existed for the past twenty-five
years. Mr. Raths also stated that the
Township is looking into Mr. Gefert?s claim that there is a new law requiring
permits to be obtained from a Commission on Mining Safety.
Mr. Kluska asked about the internal auditing process
regarding the bills that we pay for the summer Recreation trips versus the fees
that are charged. Mr. Raths assured Mr.
Kluska that the Township?s fees are offset by the costs. The Township only pays after the fees are
collected and that accountants perform annual audits, as well.
COUNCIL LIAISON REPRESENTATIVES, COUNCIL COMMITTEES AND NEW BUSINESS/OLD
A. New Business
B. Old Business
1. Procurement Policy ? Township Attorney is working on this.
REQUESTED/REFERRED BY COUNCIL MEMBERS, MANAGER, ATTORNEY OR CLERK
Mr. Schmidt stated
that they had their first Community
Garden meeting this week,
which was a success.
Mr. Zoschak stated
that the Lake Hopatcong Commission had a meeting on June 15th and
the lake is at a great level. They are
working on the 319 Grant for King Cove to retro fit the catch basin in the
lake. Senator Bucco and Assemblyman Chiusano are supporting legislation, which
changes the makeup of the lake commission.
The legislation eliminates the DCA and DEP representatives on the
Commission. Mr. Zoschak is going to find
out additional information because he has concern with the DEP representative
being taken off the Commission. The
control of the damn is going to be taken away from the DEP and placed with the
Lake Hopatcong Commission. When the
water level is high at the damn the Commission is available to make a decision
immediately unlike the current situation involving the state. Also, two weed harvester machines should be
in the water by the first week of July.
questioned the paving status on Shippenport
Raths stated that the bids are out and a contract should be awarded by July 14th
for the resurfacing.
Mr. Zoschak stated
that the Water Committee met last week.
There were questions about customers owing money and he stated that it
would need to be discussed by Council in the near future.
questioned the current status of the road vacation on McCain Street in Kenvil. Mr. Bucco is working on it.
Mr. Zoschak stated
that there are several ordinances that are outstanding and wondered when they
were going to be ready. Mr. Bucco stated
that he has most of them completed and will finalize the remaining ones and
forward them to council for review and introduction.
Mr. Zoschak stated
that the high school graduation last night was great.
Mr. Smith stated
that Economic Development meets this week.
The Open Space Committee met and the Swim & Sports Club acquisition
is moving along. Also, the Dufford
property purchase is on this evening?s agenda.
Mr. Smith discussed the Port Morris property, which the Morris Canal
Society is purchasing. Mr. Smith
questioned the McNear property status.
Mr. Bucco stated that the LOI is still out and they are waiting for it
from the DEP. The contract is being
finalized in the meantime. Mr. Smith
stated that a new Open Space map is being put together right now.
Mr. Smith stated
that Water and Sewer Committee met and rates are probably going to be increased
because of the lack of development and the anticipated revenue from those
developments has not come in.
Mr. Smith stated
that the beach blast is going to be at Horseshoe Lake
this Thursday evening for the public.
Mr. Rilee asked for
an update on the improvements by the state on Hillside Avenue and Rt. #10. Mr. Raths will provide.
Mr. Rilee stated
that the DPW meeting was held this week and the bad economy sometimes helps
us. Discussion will take place on this
later in the meeting.
Mr. Hall thanked Mr.
Bucco for completing the turf contract with the Board of Education. The Agreement is with the Board of Education
Mr. Raths stated
that there are grant monies to apply for Fire Stations. The Federal Government has come out with
$2,000,000.00 in grant monies. The
township has preliminary work done for the Shippenport Road annex. Mr. Raths further stated that an application
would be filed.
Mr. Raths stated
that there is going to be a hearing for the state rail expansion, which
includes Kenvil this Thursday and the Township Engineer, will be attending the
stated that there were several articles in the newspaper about the rail line at
Mayor DeFillippo further stated that grant monies are hard to come by
and yet the Morris County Freeholders have offered to help us with securing
grants for improvements required because of the rail line being
reactivated. The Mayor further stated
that because of the lack of funding the township should have concerns with
being able to secure grant monies and that is why there needs to be a
commitment by the Freeholders to financially support any improvements that are
required at Horseshoe
commented that there were a large amount of residents walking Horseshoe Lake
today and it was a good time for her to tape a story on the rail line with the
Cable Company to be aired sometime in mid July.
stated that the Economic Development Committee has several great speakers for
their seminar in September. She will
report more in the future.
stated that the NJ Environmental Federation contacted her and would like to be
at a meeting to discuss the environmental laws.
Council felt that she should be invited to the Environmental Commission
handed out a newspaper article about a train wreck provided by a resident that
took place in the past here in Roxbury.
12-09 AN ORDINANCE AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY, KNOWN
AS BLOCK 1802, LOT 1.02 LOCATED ALONG RIGHTER
ROAD, IN THE TOWNSHIP
OF ROXBURY, COUNTY
OF MORRIS, AND STATE OF NEW JERSEY
Mr. Smith made a
motion to introduce Ordinance 12-09. Mr.
Schmidt seconded the motion.
Roll Call: Mr. Smith ? Yes Mr. Schmidt ? Yes
Mr. Hall ?
Yes Mr. Rilee ? Yes
? Yes Mayor DeFillippo ? Yes
Motion Carried 6 to
Mr. Smith stated
this is the western edge of Horseshoe
Lake ? Dufford property
to accommodate more fields for the township.
Mr. Hall stated that
this was a targeted piece of property by the Recreation Committee and felt that
the acquisition could allow more fields and its part of the Roxbury Township
Recreation Master Plan
ADOPTION OF ORDINANCES ON SECOND READING
ADOPTION OF RESOLUTIONS
09-200 A RESOLUTION INCORPORATING BY REFERENCE HEREIN AND APPROVING THE
FOLLOWING NUMBERED RESOLUTIONS LISTED ON THE WORKSHOP COUNCIL MEETING AGENDA
FOR THIS DATE: 09-157, 09-201, 09-202,
09-203, 09-204, 09-205, 09-206, 09-207, 09-208, 09-209, 09-210, 09-211, 09-212,
09-213, 09-214, 09-215, 09-216, 09-217, 09-218, 09-219, 09-220, 09-221, 09-222,
09-222, 09-223, 09-224, 09-225, 09-227, 09-228
Mr. Schmidt made a motion to adopt Resolution 09-200. Mr. Zoschak seconded the motion.
Roll Call: Mr.
Schmidt ? Yes
Mr. Zoschak ? Yes
Hall ? Yes, abstain on check no.09157
Mr. Rilee ? Yes, abstain on resolutions
09-217, 09-218, 09-219, 09-225, and 09-228
Smith ? Yes
Mayor DeFillippo ?
Motion Carried 6 to 0, with 6 abstentions
09-157 A RESOLUTION OF THE TOWNSHIP
COUNCIL OF THE TOWNSHIP OF ROXBURY SUPPORTING THE INSTALLATION OF A TRAFFIC
SIGNAL AT THE INTERSECTION OF ROUTE 206 & MOUNTAIN ROAD/OLD LEDGEWOOD
Mr. Rilee questioned the DOT list on pgs. 8, 9 &
10. Mr. Raths stated that all the
concerns the Council had were answered.
09-201 A RESOLUTION AUTHORIZING THE RELEASE OF A PERFORMANCE GUARANTEE POSTED
FOR RIGHT-OF-WAY EXCAVATION PERMIT NO.RO-08-08-113, 505 MAIN STREET, LANDING;
BLOCK 10301, LOT 2.03
09-202 A RESOLUTION AUTHORIZING THE RELEASE OF A PERFORMANCE GUARANTEE POSTED
FOR RIGHT-OF-WAY EXCAVATION PERMIT NO.RO-07-08-090, 503 MAIN STREET, LANDING;
BLOCK 10301, LOT 2.02
09-203 A RESOLUTION AUTHORIZING THE RELEASE OF A PERFORMANCE GUARANTEE POSTED
FOR RIGHT-OF-WAY EXCAVATION PERMIT NO. RO-05-09-061, 5 CHURCHILL DRIVE, SUCCASUNNA; BLOCK
1202, LOT 7
09-204 A RESOLUTION AUTHORIZING THE RELEASE OF A PERFORMANCE GUARANTEE POSTED
FOR RIGHT-OF-WAY EXCAVATION PERMIT NO.RO-04-09-033, 8 MELISSA LANE, SUCCASUNNA;
BLOCK 4802, LOT 3
09-205 A RESOLUTION AUTHORIZING THE RELEASE OF A PERFORMANCE GUARANTEE POSTED
FOR RIGHT-OF-WAY EXCAVATION PERMIT NO.RO-06-09-066, 17 APPLETREE LANE, LANDING;
BLOCK 11903, LOT 17
09-206 A RESOLUTION AUTHORIZING THE RELEASE OF A PERFORMANCE GUARANTEE POSTED
FOR RIGHT-OF-WAY EXCAVATION PERMIT NO.RO-04-09-045, 22 MT. VIEW RD.,
SUCCASUNNA; BLOCK 4801, LOT 44
09-207 A RESOLUTION AUTHORIZING THE RELEASE OF A PERFORMANCE GUARANTEE POSTED
FOR RIGHT-OF-WAY EXCAVATION PERMIT NO.RO-04-09-047, 24 MT. VIEW RD.,
SUCCASUNNA; BLOCK 4801, LOT 43
09-208 A RESOLUTION AUTHORIZING THE RELEASE OF A PERFORMANCE GUARANTEE POSTED
FOR RIGHT-OF-WAY EXCAVATION PERMIT NO. RO-04-09-046, 26 MT. VIEW RD., SUCCASUNNA; BLOCK 4801,
09-209 A RESOLUTION AUTHORIZING THE RELEASE OF A PERFORMANCE GUARANTEE POSTED
FOR RIGHT-OF-WAY EXCAVATION PERMIT NO. JUNE1807, 183 MAIN STREET, LEDGEWOOD; BLOCK 6501, LOT 6.02
09-210 A RESOLUTION AMENDING RESOLUTION NO.08-185 THAT AUTHORIZED A SANITARY
SEWER ALLOCATION TO NICHOLAS STAVRAKIS AND MICHAEL COOPER FOR THE PROPERTY
LOCATED AT 8 EYLAND AVENUE, SUCCASUNNA; BLOCK 1901, LOT 20
09-211 RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT TO STERUER AND SONS
CONSTRUCTION, LLC FOR THE REPLACEMENT OF THE ROOFS AND DAMAGED SHEETROCK AT
WELL HOUSES #3 AND #5 FOR THE WATER UTILITY
09-212 A RESOLUTION AUTHORIZING THE AWARD OF A
CONTRACT TO ACCURATE WASTE REMOVAL SERVICES, INC. FOR SLUDGE WASTE HAULING
Mr. Hall stated that a reduction of 7% is good.
09-213 A RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT TO KENVIL WELDERY FOR
IMPROVEMENTS AND MODIFICATIONS TO THE MAIN PUMP AND MOTOR ASSEMBLY AT THE AJAX WASTEWATER TREATMENT
09-214 A RESOLUTION AUTHORIZING THE
AWARD OF A CONTRACT FOR SLABJACKING REPAIRS TO VARIOUS SIDEWALKS IN THE
TOWNSHIP TO CRC, CONCRETE RAISING OF SOUTH JERSEY, INC.
Mr. Schmidt asked how many square feet would be
completed? Mr. Blood stated that
approximately 6,000 Sq Ft will be completed and that the slabjacking allows the
Township to exceed the amount that would otherwise get completed by replacing
09-215 A RESOLUTION REJECTING THE SOLE
BID RECEIVED FOR 10-YARD SEWER JET AND VACUUM MANHOLE CLEANER
09-216 A RESOLUTION AUTHORIZING THE AWARD OF A
CONTRACT TO FINNE
BUILDING AND INVESTMENT
INC. FOR THE CONSTRUCTION OF A PUBLIC WORKS FACILITY
Mr. Smith felt the
bid is a great success and is excited that the project will finally be
started. Mr. Hall concurred with Mr.
Smith and thanked everyone involved. Mr.
Rilee also thanked everyone and stated that this was a monumental job to put
together and the bid process worked out perfectly. Mr. Schmidt asked that a rendering of the new
building be placed at all of our public buildings so the residents are aware of
the project. Mr. Raths stated that he
would have that done.
09-217 A RESOLUTION GRANTING RENEWAL OF LIQUOR LICENSE #1436-33-009-003 FOR
GMRI, INC., T/A RED LOBSTER AND DIRECTING LICENSING OFFICER TO DELIVER SAME
09-218 A RESOLUTION GRANTING RENEWAL OF LIQUOR LICENSE #1436-33-017-009 FOR
ROSSPARK ENTERPRISES, INC. AND DIRECTING LICENSING OFFICER TO DELIVER SAME
09-219 A RESOLUTION GRANTING RENEWAL OF LIQUOR LICENSE #1436-33-025-006 FOR
MELMAR LLC, TRADING AS RUMORS AND DIRECTING LICENSING OFFICER TO DELIVER SAME
09-220 A RESOLUTION DESIGNATING SKYLANDS COMMUNITY BANK (PARENT COMPANY, FULTON FINANCIAL) THE OFFICIAL TAX RECEIVING AGENCY OF THE
TOWNSHIP OF ROXBURY
Mayor DeFillippo stated that this would be a relief to our
residents to be able to pay online. Further,
she asked Mr. Raths to make sure that there is proper advertising and public
relations on this issue. Mr. Raths
stated that in October a full-blown campaign would take place advising the
public, which will include a billboard advertisement.
09-221 A RESOLUTION AUTHORIZING THE REFUND OF TAXES
09-222 A RESOLUTION AUTHORIZING THE REFUND OF WATER UTILITY OVERPAYMENT
09-223 A RESOLUTION AUTHORIZING THE PAYMENT OF BILLS
09-224 RESOLUTION GRANTING RENEWAL OF LIQUOR LICENSE
#1436-33-016- 005 FOR
DANIELLE?S PUB, INC., T/A DANIELLE?S AND DIRECTING LICENSING OFFICER TO DELIVER
09-225 RESOLUTION GRANTING
RENEWAL OF LIQUOR LICENSE #1436-33-011-003 FOR LANDING OPERATING COMPANY AND
CABARET, T/A LANDING OPERATING AND CABARET AND DIRECTING LICENSING OFFICER TO
RESOLUTIONS 09-227 AND 09-228 WERE ADDED ONTO THE
AGENDA FOR APPROVAL:
09-227 RESOLUTION TO JOIN NEW JERSEY SUSTAINABLE ENERGY JOINT MEETING
OF MORRIS, STATE OF NEW JERSEY, GRANTING RENEWAL OF LIQUOR LICENSE #1436-33-001-003
FOR SHE-KEV, INC., TRADING AS SMILES II, AND DIRECTING LICENSING OFFICER TO
At this time Mayor DeFillippo invited comments from the
DPW Department on the new DPW facility that is going to be built on Pine Street.
Mr. Blood, DPW Director; Mr.
Kobylarz, Township Engineer; Jim McGrath,
Road Supervisor; Martin Lucabech, Road Department; Paul
Department were present to comment.
Mr. Blood gave an overview of the bid process for the DPW
bids were submitted and 13 were below 2.5 million. There was a $500,000
spread between the bids.
The wash bay system will be utilized by other
municipalities to offset costs. Mr. Blood went over the layout of the new
facility. He further
commented that the Kingtown Diesel site, with regard
to the wash bay, would not work out because it is an
automated system, which would not clean the entire truck, as the township would
Council members commented and complimented everyone on the
job done to make this possible. Mr.
Schmidt stated that he would like to recommend naming the facility after PFC
Donald Brown who served his country and lost his life defending it.
PFC Brown was a resident of Roxbury Township.
Mayor DeFillippo stated that we would address this issue in
the near future.
Mr. McGrath thanked the Council for the building because it
will make their job easier and allow them to operate in a professional manner.
Memo dated June 18,
2009 from Judy Riley
June 12, 2009
from Robin R. Alston-Santiago, Distribution Specialist, JCP&L, to Mayor,
dated June 10, 2009, re: information on
providing the installation of temporary decorative lighting. Mr. Raths stated that this has been forward
to Mr. Blood for review.
Correspondence from Armand Perez, Acting Region Supervisor Bureau of
Coastal and Land Use Compliance and Enforcement, NJDEP, to Jeff Seger, Director
of Mining Operations, County Concrete Corp., dated May 29, 2009, re: Notice of
Violation. Mr. Rilee asked if this was a
violation. Mr. Bucco is looking into it.
June 19, 2009
#2 Correspondence from Eileen Swan, Executive
Director, Highlands Council, to Russell Stern, Director of Planning, dated June
8, 2009, re: Draft Highlands Master Plan Element Comments (also, copy of letter
of response from Highlands Council to Somerset County) Council discussed Eileen
Swan?s answers to Mr. Stern?s letter.
Mr. Raths stated that he is going to have Mr. Stern come in to the next
meeting. Mr. Bucco stated that he would
like Russ Stern to contact NJDEP directly and Ms. Swan as well as the County to
get some of the information in writing because; Ms. Swan is contradicting what
she stated at the meeting here with the Council.
Correspondence from Douglas J. Bacher, Managing Director, Acacia
Financial Group, Inc. to Christopher Raths, Township Manager, dated June 9,
2009, re: follow-up letter regarding recent meeting with Mr. Raths and Lisa Spring. Mayor DeFillippo asked if we are pursuing
this. Mr. Raths stated that we are.
#9 Correspondence from Kevin Kratina, Chief, Bureau
of Underground Storage Tanks, NJDEP, to residents Anthony & Maria Sanguino,
dated June 8, 2009, re: results of
indoor residential air sampling analyses in the vicinity of the Bain?s Automotive/Mobil
Quick Mart site. Mayor DeFillippo asked
if we had discussed this previously. Mr.
Raths stated that this is a follow-up letter.
Mr. Kluska was
concerned that we would be taking business away from local small businesses
with the truck wash, but, based on Mr. Blood?s explanation is satisfied that it
will not. Mr. Kluska asked what the
Township intends to do with the old DPW building on Main Street and asked if would be
sold. Mr. Rilee stated that currently
the property is a part of the Township?s COAH plan and we cannot do anything
until we get our third round approvals from the state. If we can get the approval that property then
may be freed up for other means.
Mr. Kluska asked if
the regular meeting agendas would continue to have two public portions. Council members stated that the meetings have
been changed to all regular meetings with two public portions since January
09-226 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
At 9:35 PM, Mr. Rilee made a motion to adopt Resolution
09-226 for Executive Session. Mr. Smith
seconded the motion.
Roll Call: All
In Favor ? Yes
Motion Carried 6 to 0.
At 11:25 PM, the
Council exited Executive Session and returned to Open Session.
At 11:25 PM, Mr. Schmidt made a motion to adjourn the
meeting. Mr. Zoschak seconded the
MINUTES APPROVED BY COUNCIL
DATE: July 14, 2009
ROLL CALL: Mr. Schmidt ? yes Mr. Rilee ?yes
Mr. Behrens ? abstain Mr. Hall ? yes
Mr. Zoschak ? yes Mayor DeFillippo - yes