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July 14, 2009

 

A Regular Meeting of the Township Council of the Township of Roxbury was held on July 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, Esq. Township Attorney, BettyLou DeCroce, Township Clerk.

 

Absent:  Councilman Timothy Smith

 

APPROVAL OF MINUTES

March 24, 2009 Regular Meeting

April 28, 2009 Regular Meeting

May 26, 2009 Regular Meeting

June 9, 2009 Regular Meeting

June 9, 2009 Executive Session

June 23, 2009 Regular Meeting

 

Mr. Schmidt made a motion to approve the Minutes as listed above.  Deputy Mayor Rilee seconded the motion.

 

Roll Call:          Mr. Schmidt ? Yes

Deputy Mayor Rilee ? Yes

                        Mr. Behrens ? Yes, abstain on June 23, 2009 Regular Meeting

                        Mr. Hall ? Yes

                        Mr. Zoschak ? Yes

                        Mayor DeFillippo ? Yes

 

Motion carried 6 to 0, with one abstention on June 23, 2009 Regular Meeting minutes.

 

 

EXECUTIVE MINUTES PUBLIC RELEASE

 

Mr. Hall made a motion to approve Executive Minutes for Public Release as per the Redacted Executive Minutes schedule.  Mr. Zoschak seconded the motion.

 

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

                        Mr. Behrens ? Yes                   Deputy Mayor Rilee ? Yes

                        Mr. Schmidt ? Yes                   Mayor DeFillippo ? Yes

 

Motion carried 6 to 0.

 

 

PUBLIC PORTION

Larry Millus

7 Cornell Drive, Succasunna

Mr. Millus thanked the workers from the Public Works Department for removing the barrel on Cornell Drive and for repairing the street.

 

Mr. Millus thanked Mr. Raths for responding to him about the issues that he brought up at the June 9, 2009, Council meeting and addressed some of the responses as follows:

  • Mr. Millus stated that the garbage had not been cleaned up on Hillside and Nyma, as Mr. Raths stated in his letter, so he cleaned up the streets himself.  Mr. Millus notified the Council that he did not want to leave the bags on the street, so he left them outside at Town Hall to be disposed of properly.
  • Mr. Millus stated that the signs he requested do not require an electrical hookup.
  • In response to Mr. Rath?s letter stating that the police do not have enough manpower to dedicate to the website service, Mr. Millus offered to volunteer his time to help accomplish this task.
  • At this time, Mr. Millus submitted an OPRA request to BettyLou DeCroce, Township Clerk, asking for speed surveys on various streets.

 

Ernest Gefert

Kings Highway, Landing

Mr. Gefert stated that trucks are dumping garbage at the McNear Excavating site.  Mr. Gefert distributed pictures of the garbage for the Council members to look at.  Mr. Raths stated that he would have an engineering inspector out at the site tomorrow morning.

 

Mr. Gefert asked Mr. Raths to respond to his recent letter inquiring about McNear renting the property to other companies.  Mr. Bucco, Township Attorney, stated that the Developer?s Agreement, which was a result of litigation and a court order several years ago, requires them to obtain a Soil Movement Permit from the Township every five years.  Mr. Bucco further stated that the Developer?s Agreement is in affect until the year 2023.  He will check if there is any stipulation in the Agreement that prohibits McNear from hiring a different company to move the soil.

 

Mr. Zoschak asked Mr. Raths to find out the conditions of McNear acquiring the Soil Movement Permit and when they are due to get another one.  Mr. Hall asked what they are using for fill.

 

Mr. Raths explained that there are two different activities that are taking place; one is quarry activity and the other is the topsoil screening operation.

 

Dennis Wine

4 Holly Drive, Succasunna

Mr. Wine asked for clarification regarding the cost benefit analysis chart that is attached to tonight?s agenda.  Mr. Raths responded.  Mr. Wine asked about an incorrect amount appearing on the chart.  Mr. Raths verified that the chart contained an error.  Mr. Raths will make sure that the error is corrected.

 

Mr. Wine asked about the requirements to implement water rate increases.  Council members answered.

 

Mr. Wine asked about the stream water quality study at the Ajax Terrace Wastewater Treatment Plant and what the ramifications would be if the copper limits were found to exceed the allowable amount.  Melanie Michetti, Senior Assistant to the Township Engineer stated that we would be found in violation of our permit and fines would be assessed if excess copper were found at the site.

 

Greg Somjen

42 Corn Hollow Road, Succasunna

Mr. Somjen, Board of Education liaison, stated that the Township attorney and the Board of Education attorney have recently had productive conversations regarding shared services.  Mr. Somjen stated that the Roxbury Superintendent of Schools should be contacting Mr. Raths in the near future regarding to the Energy Audit.  Mr. Somjen asked if the Council has any updates about cable in the schools.  Mr. Raths stated that Verizon has agreed to provide Public Access channels to the schools and that Cablevision would provide for computer access.  Mr. Raths stated that he sent a list of all the municipal buildings to Cablevision and is currently awaiting a reply from them.

 

Mr. Somjen, as a representative of the Soccer Club, thanked the Council for the recent installation of the lights on Field #11.  He also expressed his gratitude for the Township?s acquisition of property off Righter Road, which will also benefit the soccer players.

 

Chris Struening

73 Oneida Avenue, Landing

Mr. Struening asked the Township to consider an ordinance that would prohibit the parking of vehicles on lawns.  Mr. Struening spoke about the unsightly practice and its affect on home values.  He also cited the increased risk of groundwater contamination and its affect on well water.  Mr. Struening stated that he has not received any support from the Township Health Inspector, the traffic division, or the Planning and Zoning Department.  (Note:  Mr. Streuning submitted a copy of his statement to the Township Clerk)

 

Mr. Raths stated that leaking vehicles are dangerous to the environment and are not permitted to be parked anywhere.  Other than that, the Township does not currently have any regulations prohibiting the parking of vehicles on the lawn.  Mr. Raths stated that he would look into any specific issues brought to his attention involving vehicles parked on property when the driveway is available.  Mr. Schmidt suggested that the Council refer this issue to the Dispute Resolution Committee.

 

Robert Kluska

274 Emmans Road, Flanders

Mr. Kluska asked about the turf field.  Councilman Hall responded by detailing the total amount needed and the amounts already received.  Mr. Hall also explained that any Township money used for the turf field would be derived from the additional Recreation registration fees that the Township has been charging.  He also explained the Board of Education?s contributions toward the purchase and maintenance costs.

 

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

Mr. Zoschak asked about the status of the paving of Shippenport Road.  Mr. Raths responded that it is on the schedule to be paved.

 

Mr. Zoschak stated that the Lake Hopatcong Commission has a meeting scheduled for Monday night, July 20, 2009.  Mr. Zoschak reported that the NJDEP is requesting to have a resident member from each of the townships and counties to be involved in the review of the Lake Water Management Plan.  Council members mentioned some individuals that may be interested in being a representative.  Mr. Raths stated that he would advertise on the website and in the newspaper to see if there are any other people who may be interested in serving on the committee.

 

Mr. Zoschak reported that Council members are invited to the next Rotary Club meeting to watch a presentation of the ?Every 15 Minutes? program.

 

Mr. Schmidt stated that he attended the ?Oktoberfest? event this past weekend at the Swim & Sport Club.

 

Mr. Schmidt stated that he has received positive feedback regarding the Community Garden.  There are only four or five spots that are still available.  Mayor DeFillippo stated that the back gate doesn?t stay closed and needs to be repaired.

 

Mr. Behrens stated that he, along with Councilman Hall & Mr. Raths, attended a meeting in Morristown with Freeholders regarding the railroad.  This will be discussed in more detail as an agenda item.

 

Mr. Hall stated that the Recreation Advisory Committee met on Saturday.  They are actively looking into a service that does background checks (does not require fingerprinting) on coaches at a cost of $15 per coach (good for two years).

Deputy Mayor Rilee asked if a discussion regarding the Highlands could be added to the next agenda.  Mr. Raths stated that it would be on the next agenda.

 

Ms. BettyLou DeCroce stated that she sent a draft letter to Council members via email pertaining to the Green Earth and needed some feedback.  So far, she has only received one response.

 

A.  New Business

None

 

B.  Old Business

1.  Procurement Policy ? Township Attorney is working on this.

                         

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

A.  Block Party August 15, 2009 Morgan Drive Road Closure

 

B.  Peach Festival road Closure August 8, 2009-Main Street, Ledgewood

 

Deputy Mayor Rilee made a motion to approve items A. and B. as listed above.  Mr. Schmidt seconded the motion.

 

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

                        Mr. Behrens ? Yes                   Mr. Hall ? Yes

                        Mr. Zoschak ? Yes                  Mayor DeFillippo ? Yes

 

Motion carried 6 to 0.

 

 

C.  Credit Card Services

Mr. Raths reviewed the program that is being proposed with Council members.  Mr. Raths stated that he needed Council?s approval to move ahead with the initiative.

 

Mr. Schmidt made a motion to approve item C. as listed above.  Mr. Zoschak seconded the motion.

 

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

                        Mr. Behrens ? Yes                   Mr. Hall ? Yes

                        Deputy Mayor Rilee ? Yes       Mayor DeFillippo ? Yes

 

Motion carried 6 to 0.

 

 

D.  Shared Services Turf Field

Council members discussed various issues with the Agreement including maintenance and third party fees.  Council members agreed to wait until after the Board of Education has reviewed the Agreement to approve it.

 

DRAFT ORDINANCES FOR DISCUSSION

None

 

INTRODUCTION OF PROPOSED ORDINANCES

13-09               AN ORDINANCE TO AMEND CHAPTER XII, SEWER AND WATER, OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF ROXBURY, COUNTY OF MORRIS, STATE OF NEW JERSEY, TO REVISE WATER RATES

In reference to the $55.00 fee charged to have water either shut off or turned on, Mr. Behrens asked what the prior fee was.  Melanie Michetti responded that the prior fee was $30.00.  Mr. Behrens asked why the Township charges a fee for sprinkler systems.  Ms. Michetti explained that we charge the fee to cover the cost of maintenance for providing water to fire suppression systems.  Mr. Behrens commented that he did not agree with the practice of charging extra for sprinkler systems.  Mr. Raths reviewed rates being charged by neighboring municipalities and explained that implementing this modest increase is the result of a decrease in development and the anticipated revenue from new hookups.

 

Deputy Mayor Rilee made a motion to introduce Ordinance 13-09.  Mr. Schmidt seconded the motion.

 

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

                        Mr. Behrens ? Yes                   Mr. Hall ? Yes

                        Mr. Zoschak ? Yes                  Mayor DeFillippo ? Yes

 

Motion Carried 6 to 0.

 

 

14-09               AN ORDINANCE TO VACATE ANY AND ALL PUBLIC RIGHTS IN AND TO THE UNIMPROVED RIGHT-OF-WAY OF McCAIN STREET IN THE TOWNSHIP OF ROXBURY, COUNTY OF MORRIS AND STATE OF NEW JERSEY

 

Mr. Zoschak made a motion to introduce Ordinance 14-09.  Mr. Schmidt seconded the motion.

 

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

                        Mr. Behrens ? Yes                   Mr. Hall ? Yes

                        Deputy Mayor Rilee ? Yes       Mayor DeFillippo ? Yes

 

Motion Carried 6 to 0.

 

 

HEARING AND ADOPTION OF ORDINANCES ON SECOND READING

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. Zoschak made a motion to open Ordinance 12-09 to the public.  Mr. Schmidt seconded the motion.

 

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

Mr. Behrens - Yes                    Mr. Hall ? Yes

Deputy Mayor Rilee ? Yes       Mayor DeFillippo ? Yes

 

Motion Carried 6 to 0.

 

No public comment

 

Mr. Zoschak made a motion to close Ordinance 12-09 to the public.  Mr. Schmidt seconded the motion.

 

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

Mr. Behrens - Yes                    Mr. Hall ? Yes

Deputy Mayor Rilee ? Yes       Mayor DeFillippo ? Yes

 

 

Motion Carried 6 to 0.

 

 

Mr. Zoschak made a motion to adopt Ordinance 12-09.  Mr. Schmidt seconded the motion.

 

 

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

Mr. Behrens - Yes                    Mr. Hall ? Yes

Deputy Mayor Rilee ? Yes       Mayor DeFillippo ? Yes

 

Motion carried 6 to 0.

 

 

DRAFT RESOLUTION FOR DISCUSSION

None

 

INTRODUCTION AND ADOPTION OF RESOLUTIONS

09-229             A RESOLUTION INCORPORATING BY REFERENCE HEREIN AND APPROVING THE FOLLOWING NUMBERED RESOLUTIONS LISTED ON THE WORKSHOP COUNCIL MEETING AGENDA FOR THIS DATE:  09-230, 09-231, 09-232,

09-233, 09-234, 09-235, 09-236, 09-237, 09-238, 09-239, 09-240,

09-241, 09-242, 09-243, 09-244, 09-245, 09-246, 09-247, 09-248

 

Mr. Schmidt made a motion to adopt Resolution 09-229.  Mr. Zoschak seconded the motion.

 

Roll Call:                      Mr. Schmidt  ? Yes

Mr. Zoschak ? Yes

Mr. Behrens ? Yes

Mr. Hall ? Yes

Deputy Mayor Rilee ? Yes, abstain on 09-246

Mayor DeFillippo ? Yes

 

Motion carried 6 to 0, with one abstention.

 

 

09-230             A RESOLUTION AUTHORIZING THE RELEASE OF PERFORMANCE GUARANTEES POSTED WITH THE TOWNSHIP OF ROXBURY IN CONNECTION WITH WORK PERFORMED AND ACCEPTED IN ACCORDANCE WITH VARIOUS TOWNSHIP RIGHT-OF-WAY EXCAVATION PERMITS

 

09-231             A RESOLUTION AUTHORIZING THE AWARD OF A PROFESSIONAL ENGINEERING SERVICES CONTRACT TO CERENZIO & PANARO, P.C. TO CONDUCT A STREAM WATER QUALITY STUDY REGARDING COPPER LIMITS FOR THE AJAX TERRACE WASTEWATER TREATMENT PLANT

 

09-232             A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A SIGHT EASEMENT AND RIGHT-OF-WAY DEED FROM CORNERSTONE REAL ESTATE, LLC TO THE TOWNSHIP OF ROXBURY ACROSS A PART OF    LOT 1, IN BLOCK 2101 IN THE TOWNSHIP OF ROXBURY

           

09-233             A RESOLUTION OF THE TOWNSHIP OF ROXBURY, COUNTY OF MORRIS, STATE OF NEW JERSEY, AUTHORIZING THE EXECUTION OF AN ESCROW AGREEMENT BETWEEN THE COUNCIL ON AFFORDABLE HOUSING (COAH), THE TOWNSHIP OF ROXBURY, AND SKYLANDS COMMUNITY BANK (parent company Fulton Financial)

 

09-234             A RESOLUTION AUTHORIZING THE INSERTION OF AN ITEM OF REVENUE IN THE 2009 BUDGET FOR ADDITIONAL FUNDING FOR CLEAN COMMUNITIES GRANT PROGRAM

 

 

09-235             A RESOLUTION AUTHORIZING THE INSERTION OF AN ITEM OF REVENUE IN THE 2009 BUDGET FOR SUPPLEMENTAL FUNDING FOR MUNICIPAL ALLIANCE ON ALCOHOLISM AND DRUG ABUSE PROGRAM GRANT

 

09-236             A RESOLUTION APPROVING THE 2008 ANNUAL AUDIT FOR THE TOWNSHIP OF ROXBURY

 

09-237             A RESOLUTION AUTHORIZING THE REFUND OF CONSTRUCTION PERMIT FEES TO ABLE ENERGY FOR THE REMOVAL OF AN OLD OIL TANK AND THE INSTALLATION OF A NEW ONE

 

09-238             A RESOLUTION REJECTING THE SOLE BID RECEIVED FOR ASPHALT MATERIALS

 

09-239             A RESOLUTION REJECTING THE BIDS RECEIVED FOR THE MILLING AND PAVING OF VARIOUS ROADS

 

09-240             A RESOLUTION AUTHORIZING THE PURCHASE OF A 41,000 GVW DUMP  TRUCK CHASSIS FROM DELUXE INTERNATIONAL TRUCKS, INC.

Mr. Zoschak asked if these trucks would have Jake brake engine brakes.  Mr. Raths stated that they would not have those types of engine brakes.  Mr. Behrens asked if the money for this is coming from previously approved capital monies.  Mr. Raths stated that this has already been budgeted for and approved by Council. 

 

09-241             A RESOLUTION AUTHORIZING THE PURCHASE OF ONE 17,500 GVW TRUCK CHASSIS FROM WARNOCK FORD

Mr. Behrens asked if the money for this is coming from previously approved capital monies.  Mr. Raths stated that this has already been budgeted for and approved by Council. 

 

09-242             A RESOLUTION AUTHORIZING THE PURCHASE OF RESCUE TOOLS ACCESSORIES FOR ROXBURY FIRE COMPANY NUMBER TWO FROM STATE LINE FIRE & SAFETY, INC.

Mr. Behrens asked if the money for this is coming from previously approved capital monies.  Mr. Raths stated that this has already been budgeted for and approved by Council. 

 

09-243             A RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT TO COUNTY CONCRETE CORPORATION FOR SOIL RELOCATION AT THE FUTURE PUBLIC WORKS FACILITY

 

09-244             A RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT FOR A NEW DUCTLESS HEAT PUMP SYSTEM FOR THE DISPATCH ROOM AT THE POLICE STATION

Mr. Behrens asked if Council had previously received a memo regarding this item with a lower cost.  Mr. Raths stated that the other amount Mr. Behrens was remembering was for a different project.

 

09-245             A RESOLUTION OF THE TOWNSHIP OF ROXBURY, COUNTY OF MORRIS, STATE OF NEW JERSEY, AUTHORIZING THE AWARD OF A CONTRACT FOR PROFESSIONAL SERVICES FOR THE TOWNSHIP LABOR ATTORNEY

Mr. Behrens asked if this is a change.  Ms. DeCroce answered that the approval of this resolution is just a formality and no changes are being proposed.

 

09-246             A RESOLUTION OF THE TOWNSHIP OF ROXBURY, COUNTY OF MORRIS, STATE OF NEW JERSEY, APPROVING THE ISSUANCE OF A NEW LIQUOR LICENSE TO JAI Laxminarayan, LLC (Hotel/motel license)

09-247             A RESOLUTION AMENDING THE MEMBERSHIP OF THE TOWNSHIP FIRE DEPARTMENT

 

09-248             A RESOLUTION AUTHORIZING THE PAYMENT OF BILLS

Mr. Behrens asked about the increased number of payments to public assistance/Social Services.  Mr. Raths will have a report generated for Council members to review.  Mr. Raths asked about check no. 52739 ?Tropical Storm?.  Mr. Hall stated that ?Tropical Storm? is the name of the band that played at the ?Barbecue Beach Blast? and the money was refunded back to the Township.

 

PERSONNEL CHANGES

None

 

COMMUNICATIONS

June 26, 2009

# 8  Mayors Fax Advisory, dated June 23, 2009, re:  ?Supreme Court Rules that Curbside Trash Collection by Municipality for Apartment Complex is Not Sufficient?

Mr. Zoschak asked what the monetary impact on the Township would be.  The projected cost will be reported to the Council upon the completion of an analysis being conducted by the Director of Public Works.

 

July 02, 2009

#1, Item A - DPW Facility

Deputy Mayor Rilee asked about the assessment of the Main Street property.  Mr. Raths stated that the Township would not be making a decision on whether to market this property for several months, but, by having the assessment done, we will be in a better position when and if that time comes to vacate the property.

 

July 10, 2009

# 2  Correspondence from Philips Lighting to Mayor DeFillippo, dated June 25, 2009, re:  ?New Lighting Technologies Provide Significant Cost Savings?

Mr. Zoschak asked if the Township could look into the possibility of installing skylights as an alternative light source.  Mr. Raths stated that he will mention that to the company that will be doing the energy audit.

 

PUBLIC PORTION

Ramesh Kania, Part- Owner

Quality Inn, Route 46, Ledgewood

Mr. Kania stated his concern regarding the increase in sewer and water rates connections.  Mr. Raths stated that he would call Mr. Kania directly about this.

 

Robert Kluska

274 Emmans Road, Flanders

Mr. Kluska asked Mr. Schmidt about the rules and regulations regarding the cleaning of the individual areas and the removal of fencing at the end of season at the Community Garden.  Mr. Schmidt stated that the individual fencing could remain intact for as long as a plot continues to be renewed by the same lessee. 

 

EXECUTIVE SESSION

09-249             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. Zoschak made a motion to approve Resolution 09-249 for Executive Session.  Deputy Mayor Rilee seconded the motion.

 

Roll Call:          All in Favor ? Yes

 

Motion carried 6 to 0.

 

The Council returned to the meeting at 10:00PM.

 

ADJOURNMENT

 

At 10:00 PM, Mr. Zoschak made a motion to adjourn the meeting.  Deputy Mayor Rilee seconded the motion.

 

All In Favor ? Yes

 

Motion carried 6 to 0.

 

 

Submitted By:

 

 

 

___________________________________

BettyLou DeCroce

Township Clerk

MINUTES APPROVED BY COUNCIL

DATE:                        August 25, 2009

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

                                    Mr. Behrens ? yes        Mr. Rilee ? yes

                                    Mr. Smith - abstain