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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. Behrens ? 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 there would be a booth for the Main Street Committee at the ?Olde Suckasunny Day? event.

 

Mayor DeFillippo stated that the third plaque has been attached to the clock and the last panel is beginning to fill up.  The Mayor also stated that more bricks have been purchased, as well.

 

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

 

INTRODUCTION OF PROPOSED ORDINANCES

21-09               AN ORDINANCE TO AMEND §13-7.829 OF CHAPTER XIII, ENTITLED ?LAND DEVELOPMENT ORDINANCE? OF THE CODE OF THE TOWNSHIP OF ROXBURY TOWNSHIP, AND PROVIDING FOR MANDATORY DEVELOPMENT FEES FOR THE AFFORDABLE HOUSING PROGRAM OF THE TOWNSHIP OF ROXBURY

 

Mr. Schmidt made a motion to introduce Ordnance 21-09.  Deputy Mayor Rilee seconded the motion.

 

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

                        Mr. Behrens ? Yes       Mr. Hall ? Yes

                        Mr. Smith ? Yes           Mr. Zoschak ? Yes

                        Mayor DeFillippo ? Yes

 

Motion carried 7 to 0.

 

 

22-09               ORDINANCE AMENDING THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF ROXBURY TO ADDRESS THE REQUIREMENTS OF THE COUNCIL ON AFFORDABLE HOUSING (COAH) REGARDING COMPLIANCE WITH THE MUNICIPALITY?S PRIOR ROUND AND THIRD ROUND AFFORDABLE HOUSING OBLIGATIONS

 

Deputy Mayor Rilee made a motion to introduce Ordnance 22-09.  Mr. Zoschak seconded the motion.

 

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

                        Mr. Behrens ? Yes                   Mr. Hall ? Yes

Mr. Schmidt ? Yes                   Mr. Smith ? Yes

                        Mayor DeFillippo ? Yes

 

Motion carried 7 to 0.

 

 

HEARING AND ADOPTION OF ORDINANCES ON SECOND READING

20-09               AN ORDINANCE TO REVISE, AMEND AND SUPPLEMENT CHAPTER VII OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF ROXBURY ENTITLED ?TRAFFIC? SO AS TO PROVIDE FOR THE INSTALLATION OF A STOP SIGN TO BE POSTED ON DAVIS STREET AT THE INTERSECTION OF CANAL STREET IN THE LANDING SECTION OF ROXBURY TOWNSHIP

 

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.

 

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

                        Mr. Behrens ? Yes                   Mr. Hall ? Yes

                        Mr. Smith ? Yes                       Mr. Zoschak ? Yes

                        Mayor DeFillippo ? Yes

 

Motion carried 7 to 0.

 

 

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