September 8, 2009
A Regular Meeting of the Township Council of the Township of
Roxbury was held on September 8, 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,
Timothy Smith, Richard Zoschak and Mayor Kathy DeFillippo
ALSO PRESENT: Christopher Raths, Township Manager; James
Bryce, Assistant Township Attorney; and BettyLou DeCroce,
Township Clerk
APPROVAL OF MINUTES
Release of Redacted
Executive Minutes
August 25, 2009
Executive Session
August 26, 2009
Neighborhood Meeting Minutes
Mr. Schmidt made a motion to approve the minutes as listed
above and the release of the redacted minutes as per attached list. Mr. Smith seconded the motion.
Roll Call: Mr.
Schmidt ? Yes
Mr.
Smith ? Yes
Mr. Hall ? Yes
Deputy Mayor Rilee
? Yes, abstain on
August 26, 2009 Neighborhood Meeting
Mr. Zoschak ? Yes
on the Release of the Redacted Minutes,
abstain on August 25, 2009
Executive Session, and abstain on August 26, 2009 Neighborhood Meeting
Mayor DeFillippo ?
Yes
Motion carried 7 to 0, with one abstention on August 25,
2009 Executive Session Minutes, and two abstentions on August 26, 2009
Neighborhood Meeting Minutes.
PUBLIC PORTION
Dennis Wine
4 Holly
Drive, Succasunna
Mr. Wine asked about
the COAH language used in Ordinance 22-09.
Council members confirmed that the wording was dictated by the State of New Jersey. Mr. Wine asked about the mandatory
?Administrative Agent? position. Mr.
Raths stated that the Township Planner serves as the Administrative Agent. Mr. Wine referred to the wording ?municipality
may file a court action ?? and asked if Roxbury has ever done so or if anyone
checks for violations. Mr. Raths stated
that, although COAH had restrictions, there would not have been any violations
to check for prior to the adoption of the ordinance.
Robert Kluska
274 Emmans
Road, Flanders
Mr. Kluska stated
that the Roxbury Seniors Club would like to know why the Township awarded a
contract for the redevelopment of fields on school property (Franklin School;
Resolution no.09-276). Mr. Hall stated
that this is a shared services agreement with the school and the fields will be
made available to the Township recreation programs. Mr. Raths stated that the
license agreement would be executed before the money is spent. Mr. Hall stated that the funds for this
project are coming from the Open Space Trust and the Recreational Trust
fund.
Chris Struening
73 Oneida Avenue, Landing
Mr. Struening
discussed the notification letter he received recently regarding a well within
500 feet of his house that was found to have groundwater contamination. Mr. Raths reminded Mr. Struening that there
is a fund available to provide financial assistance in hooking up to the
Township water supply. Mr. Struening
stated that it is less expensive to have a well and would prefer that the
source of contamination be addressed, as opposed to having to change his water
connection.
Mr. Struening
distributed photos of the commercial vehicle that continues to be parked in his
residential neighborhood. Mr. Raths
stated that he would find out what the status of the investigation is and
follow up with Mr. Struening tomorrow.
REPORTS OF COUNCIL LIAISON REPRESENTATIVES, COUNCIL
COMMITTEES AND NEW BUSINESS/OLD BUSINESS
Mr. Hall asked about
the status of the McNear LOI. Deputy
Mayor Rilee stated that the contract was going to be signed, but we do not have
the LOI, yet. Mr. Raths stated that it
should be on the next agenda. Deputy
Mayor Rilee stated that there would have to be a stipulation regarding the
passing of the LOI.
Mr. Hall stated that
?Olde Suckasunny Day? is scheduled to take place this coming weekend. There will be a station with information
regarding Shared Services and an informational booth regarding ?Imagination
Station?.
Mr. Hall stated that
the Turf Field Agreement should be finalized in the near future.
Deputy Mayor Rilee
asked about the status of the Highlands. Mr. Raths stated that he just received a
letter today and will update the Council after he has had a chance to review it
with the Township Planner.
Mr. Smith stated
that the Roxbury Kick-Off Classic for soccer was held last weekend. Mr. Smith stated the park looked beautiful
and thanked the staff for doing such a great job in maintaining the fields and
grounds.
Mr. Smith stated
that he visited the residence of Ms. Ribaudo, the Jill Terrace resident who
came before the Council at the last meeting with a complaint regarding her
neighbors yard waste. Mr. Smith reported
that the debris has been removed.
Mr. Smith stated
that, in regard to Open Space, the McNear contracts are ready.
Mr. Smith stated
that the Economic Development Committee is hosting a seminar for small
businesses, entitled ?A Free Seminar for the Business Community?
regarding creative financial assistance, on Tuesday, September 15, 2009 at Town
Hall.
Mr. Smith stated he,
Councilman Behrens and Mayor DeFillippo met with Alan Meckler of Cornerstone
Financial Group regarding issues he had while trying to get a Certificate of
Occupancy for his renovated building at 51 Main Street, Succasunna. Mr. Raths is reviewing the complaints with
staff and will supply Council members with responses to each issue.
Mr. Smith stated
that he, Mayor DeFillippo, Linda Lutz, and Chris Raths, met least week as a
subcommittee of the Economic Development Committee, regarding the Route 46
corridor. Ideas regarding the
development of Main Street
in Succasunna were also discussed and will be presented to Council members at a
later date.
Mr. Smith stated
that the Historic Advisory Committee has inquired about the possibility of
designating Main Street
in Ledgewood as either a historic district or to have it listed on the National
Register of Historic Places. Mr. Smith
stated that information is needed. Ms.
DeCroce reviewed some of the issues that were encountered during previous areas
that held that designation.
Mr. Zoschak stated
that the Rotary?s welcome sign on 206 North (South of Patricia Drive) was
knocked down during an accident. Mr.
Zoschak asked Mr. Raths to make sure it is put back up.
Mr. Zoschak stated
that he was displeased that the Shippenport
Road project will be delayed for another two
weeks. Mr. Raths stated that the
insurance information was just approved and the project will begin the last
week of September. Mr. Raths apologized
for the delay due to the errors that were made in the bidding process.
Mr. Raths and the
Council members discussed scheduling for the groundbreaking ceremony for the
new Public Works building. It was
decided that the ceremony would be held on Wednesday, September 16, 2009 at
6:00 pm.
Mr. Raths stated
that he would like to review budget goals with the Council members this year
prior to meeting with Department Heads.
Possible dates and times were discussed.
Mr. Raths will confirm via email whether or not all Council members will
be available on October 6, 2009 for the preliminary budget meeting.
Mayor DeFillippo
stated that the Economic Development Committee met with a representative from
the company that will be performing quarry operations on the McNear
property. The representative is aware of
the concerns of the area residents and his company is exploring ways to address
and resolve the issues.
Mayor DeFillippo
stated that she has not yet received a response from a letter she had sent to Mt. Arlington. Council members agreed that Mayor DeFillippo
should attempt to personally call the Mayor of Mount Arlington instead of
sending a certified letter.
Mayor DeFillippo
stated that she and Mr. Raths attended a Lake Hopatcong
meeting along with other representatives from other local municipalities. It was made clear that Roxbury
Township is not able to commit any
more services or resources to the maintenance of the Lake
than what is currently being provided.
Mayor DeFillippo
reported that the last Neighborhood Meeting was well attended and that she has
received positive feedback from attendees.
Council members also commended Chief Noll for his informational Power
Point presentation on Roxbury Police statistics that he presented at that
meeting.
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. 2010 Calendar
Ms. DeCroce stated that,
due to New Year?s Eve being on a Saturday in 2010, the current calendar being
considered has one more holiday in 2010 and one less in 2011, which differs
from the union contract. Ms. DeCroce
advised that the Union should be made aware of
this. Mr. Raths stated that he would
look into this.
Council members discussed
the number of meetings in each month.
Mayor DeFillippo stated that she would provide the dates for the 2010
Neighborhood Meetings to the Clerk within the next few weeks.
DRAFT ORDINANCES FOR DISCUSSION
None
HEARING AND ADOPTION OF ORDINANCES ON SECOND READING
Mr. Zoschak made a motion to open Ordinance 20-09 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 Mr. Smith ? Yes
Mayor
DeFillippo ? Yes
Motion Carried 7 to 0.
No
public comment
Mr. Zoschak made a motion to close Ordinance 20-09 to the
public. 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 to 0.
Mr. Zoschak made a motion to adopt Ordinance 20-09. Mr. Schmidt seconded the motion.
Roll Call: Mr.
Zoschak ? Yes Mr. Schmidt
? Yes
Mr. Behrens - Yes Mr. Hall ? Yes
Deputy Mayor Rilee
? Yes Mr. Smith ? Yes
Mayor
DeFillippo ? Yes
Motion Carried 7 to 0.
DRAFT RESOLUTION FOR DISCUSSION
None
INTRODUCTION AND ADOPTION OF RESOLUTIONS
09-302 A RESOLUTION INCORPORATING BY REFERENCE HEREIN AND APPROVING THE
FOLLOWING NUMBERED RESOLUTIONS LISTED ON THE REGULAR COUNCIL MEETING AGENDA FOR
THIS DATE: 09-255, 09-256, 09-294, 09-295, 09-296, 09-297, 09-303, 09-304,
09-305, 09-306, 09-307, 09-308,
09-309, 09-310, 09-311, 09-312
Deputy Mayor Rilee made a motion to adopt Resolution
09-302. Mr. Schmidt seconded to the motion.
09-255 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 A RESOLUTION AUTHORIZING THE PURCHASE OF A 44,000 GVW TRUCK CHASSIS
FROM DELUXE INTERNATIONAL TRUCKS, INC.
09-294 A RESOLUTION AUTHORIZING THE REFUND OF THE NON-RESIDENTIAL DEVELOPMENT
FEE PAID BY 109 MAIN, LLC IN ACCORDANCE WITH THE REQUIREMENTS OF THE NEW JERSEY
ECONOMIC STIMULUS ACT OF 2009
09-295 A RESOLUTION AUTHORIZING THE REFUND OF THE NON-RESIDENTIAL DEVELOPMENT
FEE PAID BY RYAN MOTORS OF DENVILLE, LLC (d/b/a BMW OF ROXBURY) IN ACCORDANCE
WITH THE REQUIREMENTS OF THE NEW JERSEY ECONOMIC STIMULUS ACT OF 2009
09-296 A RESOLUTION AUTHORIZING THE REFUND OF THE NON-RESIDENTIAL DEVELOPMENT
FEE PAID BY KIKIA ASSOCIATES, LLC (PRUDENT PUBLISHING) IN ACCORDANCE WITH THE
REQUIREMENTS OF THE NEW JERSEY ECONOMIC STIMULUS ACT OF 2009
09-297 A RESOLUTION AUTHORIZING THE REFUND OF THE NON-RESIDENTIAL DEVELOPMENT
FEE PAID BY WEST CHESTER MACHINERY & SUPPLY CO., INC. IN ACCORDANCE WITH
THE REQUIREMENTS OF THE NEW JERSEY ECONOMIC STIMULUS ACT OF 2009
09-303 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
09-304 A
RESOLUTION AUTHORIZING THE REFUND OF UNUSED ENGINEERING INSPECTION FEES TO
KIKIA ASSOCIATES, L.L.C. FOR A PROJECT KNOWN AS PRUDENT PUBLISHING COMPANY 400
NORTH FRONTAGE ROAD, LANDING ? BLOCK 9501, LOT 2
09-305 A RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT TO RAY PALMER
ASSOCIATES, INC. FOR THE REPLACEMENT OF THE FLOW METERS FOR THE FORD ROAD BOOSTER
STATION AND WELL NO. 2, FORD ROAD,
LANDING
09-306 A RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT TO M. SKY CONSTRUCTION
CORP. FOR CURB REPAIRS ON VARIOUS TOWNSHIP ROADS
09-307 A RESOLUTION AUTHORIZING THE PURCHASE OF ELEVEN DUMPSTERS FROM
WASTEQUIP, INC.
Mr. Zoschak asked if shipping was included in this
price. Mr. Raths stated that it did
include shipping costs.
09-308 A RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT FOR PAINTING OF THE PORT MORRIS
FIREHOUSE BUILDING
Mr. Zoschak asked why we are spending money on the Port
Morris Firehouse. Mr. Raths stated that
this is one of the tasks that must be performed to ensure that the building
remains weather tight and safe.
09-309 A RESOLUTION AUTHORIZING THE REFUND OF UNUSED ESCROW MONIES PREVIOUSLY
DEPOSITED WITH THE TOWNSHIP OF ROXBURY FOR DEVELOPMENT MATTERS PURSUANT TO CHAPTER
XIII (LAND USE) OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF ROXBURY
09-310 RESOLUTION OF INTENT TO BOND OR PROVIDE ALTERNATE FUNDING
09-311 A RESOLUTION AUTHORIZING THE REFUND OF TAXES
09-312 A RESOLUTION AUTHORIZING THE PAYMENT OF BILLS
PERSONNEL CHANGES
None
COMMUNICATIONS
August 28, 2009
#2 Correspondence from Christopher Raths, Township
Manager, to Eileen Swan, Executive Director, New Jersey Highlands Council,
dated August 24, 2009, re: request for
clarification on some items regarding Highlands
Regional Master Plan conformance
Mr. Schmidt asked if we have received a response from Ms.
Swan yet. Mr. Raths stated that he received a response prior to the tonight?s
meeting. He will share with Council
members after he has had a chance to review.
#9 Correspondence from William Roehrich, Chairman, Morris County
Agriculture Development Board, to area Mayors, Municipal Clerks and Planning
Board Secretaries, dated August 21, 2009, re:
90-day Municipal Notification of Targeted Farms
Deputy Mayor Rilee asked which Roxbury farms are
targeted. Mr. Raths stated that there is
only one, which is the Gottdiener Farm on Route 206.
September 4, 2009
#1, S, c. Inter-local
Shared Services: Health and Code
Enforcement with Randolph
Mr. Zoschak asked if Randolph
would be using Roxbury?s Health Department services. Mr. Raths stated that we looking at this as a
possibility for the future for Construction and Health. Currently, we are focusing on creating a
unified fee schedule so that costs can be proportionalized.
#6 Press Release from U.S.
Consumer Product Safety Commission, dated August 24, 2009, re: recall of outdoor steel stadium light poles
manufactured by Whitco Co. LP of Texas
Mr. Smith asked if the Township has any of these light
poles. Mr. Raths stated that this is
being looked into.
#8 Notice, by order of Board of Adjustment, from Ronald
S. Heymann, Esq., Attorney for Applicant John Farnsworth, to property owners
within 200 ft., received September 1, 2009, re:
notice of application for Preliminary and Final Site Plan and D Variance
to convert truck repair bays for usage of a truck wash; public hearing
scheduled for September 14, 2009
Mayor DeFillippo asked about this. Council members stated that this notice was
given because Town Hall is within 200 feet of the location.
PUBLIC PORTION
None
EXECUTIVE SESSION
09-313 NOT USED - 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
ADJOURNMENT
At 8:25 PM, Mr. Zoschak made a
motion to adjourn. Mr. Schmidt seconded
the motion.
Roll Call: Mr.
Zoschak ? Yes Mr. Schmidt
? 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: September 22, 2009
ROLL CALL: Mr. Schmidt ? yes Mr. Smith ? yes
Mr. Behrens
? yes Mr. Hall ? yes
Mr. Rilee ?
yes Mr. Zoschak ? yes
Mayor
DeFillippo - yes
