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July 28, 2009

 

A Regular Meeting of the Township Council of the Township of Roxbury was held on July 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):  Councilmen Gary Behrens, Jim Rilee, Tim Smith, Martin Schmidt, and Mayor Kathy DeFillippo

 

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

 

Absent:  Councilmen Richard Zoschak and Fred Hall

 

APPROVAL OF MINUTES

June 23, 2009 Executive Session

 

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

 

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

                        Mr. Behrens ? Abstain  Mr. Smith ? Yes

                        Mayor DeFillippo ? Yes

 

Motion carried 4 to 0, with one abstention.

 

 

PUBLIC PORTION

There was no public comment

 

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

A.  New Business

B.  Old Business

1.  Procurement Policy ? No discussion.

 

Deputy Mayor Rilee stated that the Master Plan Committee met last week and that the Land Use Plan Element should be adopted in the near future.   

 

Deputy Mayor Rilee requested that Mrs. DeCroce provide Council members with an update on the status of next year?s census.

 

Mr. Schmidt stated that the Economic Development Committee met last week.  The next meeting is August 27, 2009.

 

Mr. Smith stated that the Open Space Committee met.  He also reported that the Township finally closed on the Swim and Sport Club property and that there is paperwork ready to advance the closing on the Dufford property.  Mr. Smith stated that, due to the lack of acceptable land, the Township did not submit applications for any County grants this year.  Mr. Smith also stated that the Committee is in the process of creating a new Open Space Plan.

 

Mr. Smith stated that the Water/Sewer Committee is dealing with the increase in water rates.

Mayor DeFillippo stated that Roxbury Patrolman Brian Feeney gave a presentation regarding the ?Every 15 Minutes? program at a recent Rotary Club luncheon.  The Rotary Club presented Ptl. Feeney with the Paul Harris Fellowship Award.

 

Mayor DeFillippo stated that she toured Kiwanis Park as a result of a resident?s complaint about ATV?s and trash in the area.  Mayor DeFillippo further stated that she removed several bags of trash from the area and that there is a pipe that seems to be going from someone?s yard into the stream.  Mr. Raths will have the Police Department, Dave Stierli, and Debbie Ward follow up on these issues.

 

Mayor DeFillippo requested that the Township provide extra recycling bins for Olde Suckasunny Day.  Mr. Raths stated that we have forty recycling bins for the event.

 

Mr. Raths stated that, at the request of a concerned business owner, the Guardian Angels recently gave a presentation in Landing regarding their program.  Roxbury Patrolman Brands attended the presentation and provided a summary to Mr. Raths.  Patrolman Brands and the Police Department will be following up with the Landing residents to explore the possibility of implementing a local community watch program instead.

 

Mr. Raths suggested considering using the Port Morris Church for the next Neighborhood Meeting as opposed to the Firehouse.

 

Mayor DeFillippo asked about the crime rate in the area.  Mr. Raths reported that there have been two domestic issues that involved stabbings, but that otherwise the crime rate in Roxbury is one of the lowest in the County. 

 

Mr. Raths stated that the Township has received notice of a redevelopment project in Netcong.  Mr. Raths distributed a memo from Russell Stern regarding this matter.  Netcong will be adopting this plan on August 13, 2009.  Mr. Raths asked members to get back to him with any comments.

 

Mr. Raths stated that we have not received a formal proposal from the company that installed the camera system at Horseshoe Lake Park as a test site.  Roxbury will not be taking any action on this until such a proposal is submitted.

 

Mr. Raths stated that he met with Randolph today regarding the potential of sharing Health and Construction Department services.  Mr. Raths will be presenting a report to the Council by the end of August.

 

Mr. Raths stated that he has been working with the Township attorney to put together a proposal to lease the old Nutrition Center site on Berkshire Valley Road.  Mr. Raths stated that he would be looking to lease the 3,000 square foot building to a non-profit organization for approximately $2,000 (approximately $65.00 sq/ft) per month.  Discussion amongst Council members ensued regarding commercial customers versus non-profit.

 

Mr. Bucco commended the Township staff and Land Conservancy for their efforts in helping to finalize the closing of Swim and Sports Club property.

 

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

A.  Proclamation-Suckasunny Day September 12, 2009

Mayor DeFillippo read the above proclamation.

 

Mayor DeFillippo suggested that the Library Director try to reach out to the owners of the old hotel lot to ask if they would allow it to be used for vendor parking.  Mr. Raths will discuss this with Ms. Scott, Library Director.

 

In order to allow some of the Olde Suckasunny Day activities to be held in the street, Library Director, Jean Scott requested approval that Main Street in Succasunna be closed to vehicular traffic from the east end of the Methodist Church property to North Hillside Avenue between 9:30am and 4:00pm on September 12, 2009.

 

Mr. Smith made a motion to close Main Street in Succasunna for Olde Suckasunny Day for the date and time frame stated above.  Deputy Mayor Rilee seconded the motion.

 

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

Mr. Behrens ? Yes                   Mr. Schmidt ? Yes

                        Mayor DeFillippo ? Yes

 

Motion carried 5 to 0.

 

 

Mayor DeFillippo asked Ms. Rieth, Deputy Township Clerk, to respond to the Library Director, on her behalf, that she would be attending the Olde Suckasunny Day event.

 

(Note:  Mayor DeFillippo left the room at this time.  Deputy Mayor Rilee presided over the meeting in her absence.)

 

 

B.     Morris Canal Greenway Project

Mr. Smith stated that this project was discussed at the Open Space Committee meeting and has the potential to create a unique historical site on Shippenport Road.

 

Richard Cramond, member of the Canal Society and Laura Szwak, trustee of the Canal Society of New Jersey reported to the Council that they have submitted a grant application to advance their Morris Canal Greenway Project.  They are looking at two properties on Shippenport Road totaling approximately nine acres, five of which are currently vacant and on the market.  The other property would be subdivided and would be a little over three acres.  Ms. Szwak stated that this was presented to the Open Space Committee on July 8, 2009.  The remains of the canal and an old mill, dating back to the 1800?s, are still located on this property back in the woods.

 

Ms. Szwak asked for the Council?s support in the Canal Society?s endeavor and asked the Township to cover various costs, such as fees associated with appraisals and environmental assessments, with a maximum of $20,000.  She also requested that the Township of Roxbury accept ownership of the property.

 

Mr. Cramond displayed a map of the area and gave details about the location and surrounding sites.

 

Mr. Smith stated that the Arminio property to the south of these properties already has a conservation easement with public access, which may be an option worth looking into as an additional acquisition.

 

Deputy Mayor Rilee asked about the potential for federal funding.  Mr. Cramond stated that it is registered as a National Historic Site, A State Historic Site, and as a National Engineering Landmark; therefore, it may be eligible for federal funds, but that it will mainly be funded through the State, Green Acres, the Morris County Open Space and the Historic Preservation funds.

 

Once the Canal Society enters into a contract and submits a copy of it to the Township Manager, Mr. Bucco will create an ordinance authorizing the future acquisition of the property and the dedication of a maximum of $20,000 from the Open Space Trust Fund. 

 

Mr. Schmidt made a motion to approve support of the Canal Society?s Morris Canal Greenway Project as presented and for the Township of Roxbury to allot a maximum contribution of $20,000 to the project.  Mr. Behrens seconded the motion.

 

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

Deputy Mayor Rilee ? Yes       Mr. Smith ? Yes

 

Motion carried 4 to 0.

 

 

DRAFT ORDINANCES FOR DISCUSSION

None

 

INTRODUCTION OF PROPOSED ORDINANCES

None

 

HEARING AND ADOPTION OF ORDINANCES ON SECOND READING

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

 

Mr. Smith made a motion to open Ordinance 13-09 to the public.  Mr. Schmidt seconded the motion.

 

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

Mr. Behrens ? Yes       Deputy Mayor Rilee ? Yes      

 

Motion Carried 4 to 0.

 

 

No public comment

 

Mr. Smith made a motion to close Ordinance 13-09 to the public.  Mr. Schmidt seconded the motion.

 

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

Mr. Behrens ? Yes       Deputy Mayor Rilee ? Yes      

 

Motion Carried 4 to 0.

 

 

Mr. Smith made a motion to adopt Ordinance 13-09.  Mr. Schmidt seconded the motion.

 

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

Mr. Behrens ? Yes       Deputy Mayor Rilee ? Yes      

 

Motion Carried 4 to 0.

 

 

DRAFT RESOLUTION FOR DISCUSSION

None

 

At this time Mayor DeFillippo returned to the meeting.

 

INTRODUCTION AND ADOPTION OF RESOLUTIONS

09-250             A RESOLUTION INCORPORATING BY REFERENCE HEREIN AND APPROVING THE FOLLOWING NUMBERED RESOLUTIONS LISTED ON THE WORKSHOP COUNCIL MEETING AGENDA FOR THIS DATE:  09-251, 09-252, 09-253,

09-254, 09-257, 09-258, 09-259, 260

 

Mr. Smith made a motion to adopt Resolution 09-250.  Mr. Schmidt seconded the motion.

 

After discussion Mr. Smith amended his motion to pull Resolutions 09-255 and 09-256.  Mr. Schmidt seconded the amendment.

 

 

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

Mr. Behrens ? Yes       Deputy Mayor Rilee ? Yes

Mayor DeFillippo - yes

 

Motion Carried 5 to 0.

 

 

09-251             A RESOLUTION AUTHORIZING THE ENDORSEMENT OF A TREATMENT WORKS APPROVAL PERMIT APPLICATION ON BEHALF OF THE NJDEP DIVISION OF PARKS AND FORESTRY LAKE HOPATCONG STATE PARK; BLOCK 10802, LOT 1, LAKESIDE BOULEVARD, LANDING

Mr. Behrens asked for clarification as to who was actually performing this work.  Hopatcong will be connecting to our system, but they are doing the work and paying the standard connection fees.

 

09-252             A RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE COMMISSIONER OF TRANSPORTATION FOR THE STATE OF NEW JERSEY AND THE TOWNSHIP OF ROXBURY WATER UTILITY REGARDING THE ROUTE 46 ROCK FALL MITIGATION PROJECT MP 32.9

 

09-253             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 TOWNSHIPRIGHT-OF-WAY EXCAVATION PERMITS

 

09-254             A RESOLUTION REJECTING THE BIDS RECEIVED FOR THE MILLING AND PAVING OF VARIOUS ROADS REBID

 

09-255             PULLED - A RESOLUTION AUTHORIZING THE PURCHASE OF A SEWER JET AND VACUUM MANHOLE CLEANER FROM JET-VAC, INC. FOR THE TOWNSHIP?S SEWER UTILITY

 

09-256             PULLED - A RESOLUTION AUTHORIZING THE PURCHASE OF A 44,000 GVW TRUCK CHASSIS FROM DELUXE INTERNATIONAL TRUCKS, INC. FOR USE BY THE TOWNSHIP'S SEWER UTILITY

 

09-257             A RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT TO PETERSON & SONS TREE SERVICE FOR TREE WORK ON VARIOUS TOWNSHIP ROADS

 

09-258             A RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT TO WELDON MATERIALS, INC. FOR ASPHALT MATERIALS

 

09-259             RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF ROXBURY EXTENDING THE GRACE PERIOD FOR PAYMENT OF THE AUGUST 2009 QUARTERLY TAX BILLS

 

09-260             A RESOLUTION AUTHORIZING THE PAYMENT OF BILLS

 

 

PERSONNEL CHANGES

Memo dated July 17, 2009 from Judy Riley, Sr. Personnel Coordinator

 

COMMUNICATIONS

July 17, 2009

#4 ? Correspondence from Karen Marlowe, Administrative Analyst I, NJ Board of Public Utilities, to Christopher Raths, Township Manager, dated July 9, 2009, re: CSC TKR d/b/a/Cablevision of Morris? Application for Renewal Municipal Consent for the Township of Roxbury Ordinance Review ? The Cable Committee will follow up.

 

#8 ? Correspondence from J. Timothy Kernan, PE, President, NJ Society of Municipal Engineers, to Township Mayor, dated June 30, 2009, re: Information on 2009 Municipal Engineering Project of the Year Awards (deadline for submission: September 18, 2009) ? Mr. Raths will speak with Mr. Kobylarz to determine if there is something the Engineering Department has done which could be submitted.

 

July 24, 2009

#1 - Correspondence from James T. Bryce, Township Attorney?s Office, to Mayor and Council, dated July 21, 2009, re:  State vs. Kevin Lipka T/A She-Kev, Inc. regarding violation of New Jersey Smoke Free Air Act ? Mr. Bucco advised that the penalty remains due and owing by the defendant to the Township of Roxbury in the amount of $36,353.00.

 

#3 ? Correspondence from Christine G. Marion, PP/AICP, Planning Director, County of Morris Department of Planning & Development, to Christopher Raths, Township Manager, dated July 21, 2009, re: ?Changes to State Plan Map Not Based On Cross Acceptance Proposals? ? Council would like to know what the changes to the State Plan Map are and have them looked at immediately.

 

#7 ? NJLM Legislative Bulletin, July 2009 ? Regarding the legislation pertaining to the conversion of age-restricted housing, Mr. Bucco will look at this and advise Council if it will affect the Township.

 

PUBLIC PORTION

Robert Kluska, Emmans Road, stated that his tax bill reflected 2 cents for open space and he thought it was 3 cents.  Mr. Rilee advised that the County was at 3 cents for a while, but not the Township.

 

Mr. Kluska asked who would be responsible for maintenance to the entrance to the Swim & Sport Club property.  Mr. Raths advised it would be the Township?s responsibility. 

 

Mr. Kluska agrees there is no need for the Guardian Angels in Succasunna.  However, there was a burglary last week at the VFW, the car wash on Route 10 and the dry cleaners on Route 46. Mr. Raths will have Chief Noll come before Council twice a year to go over crime statistics.  Mr. Behrens suggested that the Chief attend the Neighborhood meeting next month.

 

EXECUTIVE SESSION

09-261             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 09-261 for Executive Session.  Mr. Smith seconded the motion.

 

Roll Call:

Mr. Rilee ? yes Mr. Smith ? yes

Mr. Behrens ? yes        Mr. Schmidt ? yes

Mayor DeFillippo ? yes

 

Motion carried 5 to 0

 

At 9:05 pm Council returned to the Regular Meeting.

 

Mayor DeFillippo advised that during Council meetings, when side conversations occur between Council members at the dais, it makes it difficult for anyone on the dais with hearing aids to hear the main discussion. She asked that everyone be more aware of this in the future.

 

Mayor DeFillippo reminded Council members that, anytime they need to speak with Township staff, they must go through Mr. Raths.

 

Mayor DeFillippo stated that there was an agreement among Council members and County Freeholders not to talk to the press regarding the railroad at Horseshoe Lake.  However, when she read the paper this week, a Council member, who was not on the committee, had made a statement.

 

ADJOURNMENT

At 9:10 pm, Mr. Rilee made a motion to adjourn the Regular Meeting of the Council of the Township of Roxbury.  Mr. Smith seconded the motion.

 

Roll Call:          All In Favor ? Yes

 

Motion Carried 6 - 0

 

SUBMITTED BY:

 

 

 

BettyLou DeCroce

Township Clerk

MINUTES APPROVED BY COUNCIL

DATE:                        August 25, 2009

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

                                    Mr. Behrens ? yes        Mr. Rilee ? yes

                                    Mr. Smith - yes