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September 22, 2009

 

A Regular Meeting of the Township Council of the Township of Roxbury was held on September 22, 2009 at 1715 Route 46, Ledgewood, New Jersey at 7:30

 

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; Anthony Bucco, Esq., Township Attorney; and Janet Rieth, Deputy Township Clerk, Amy Rhead, Administrative Aide

 

APPROVAL OF MINUTES

August 25, 2009 Regular Meeting

September 8, 2009 Regular Meeting

 

Mr. Schmidt made a motion to approve the minutes as listed above.  Mr. Smith seconded the motion.

 

Roll Call:          Mr. Schmidt ? Yes

                        Mr. Smith ? Yes

                        Mr. Behrens ? Yes

Mr. Hall ? Yes

Deputy Mayor Rilee ? Yes

Mr. Zoschak ? Yes, abstain on August 25, 2009

Mayor DeFillippo ? Yes, abstain on August 25, 2009

 

Motion carried 7 to 0, with two abstentions on the Minutes of August 25, 2009

 

PUBLIC PORTION

Dennis Wine

4 Holly Drive, Succasunna

Mr. Wine asked questions about the H1N1 (?Swine Flu?) virus.  Mayor DeFillippo stated that Frank Grisi, Health Officer, would be answering questions after his PowerPoint presentation.

 

Julia MacCay

29 Arlington Avenue, Ledgewood

Ms. MacCay publicly thanked Sgt. Palanchi and Mr. Blood for correcting some road and safety issues that she brought to their attention recently.

 

Ms. MacCay spoke about several concerns she has about the State of New Jersey.  She claimed that New Jersey:

Ø      is hindering our protection from bears;

Ø      does not verify citizenship during the voter registration process;

Ø      does not use lottery proceeds to help fund education, as was originally promised; and,

Ø      has too much waste and fraud in the Department of Education.

 

Mayor DeFillippo stated that someone from the Clerk?s Office would look into the voter registration process regarding verification of citizenship and that Mr. Raths would send an email to our local Assemblymen and State Senator regarding the use of lottery proceeds and respond to Ms. MacCay.

 

Christine Bassani

42 Laurie Road, Landing

Ms. Bassani asked when Shippenport Road would be paved.  Mr. Raths stated that Shippenport Road would be paved by the end of October.

 

Chris Rogers

3 Ford Road, Landing

Mr. Rogers stated that, although he is a member of the Roxbury School Board, he is speaking on his own behalf.  Mr. Rogers discussed his concern regarding an article printed in the Roxbury Register on August 21, 2009, quoting Councilman Hall as saying that, ?No taxpayer money will be used to fund any portion of the turf field.?  Mr. Rogers stated that the money the school board is contributing is taxpayer money.  Mr. Hall responded that money used to maintain the existing grass field will be reallocated for the turf filed and that most of the funding from the Board of Education was already allocated for maintenance. The statement was meant to say that no additional taxpayer money was going to be used to fund the turf field.  Mr. Rogers also questioned the article?s claim that the term of the agreement was twelve years when the correct term is fifteen years.  Mr. Bucco stated that the original agreement that was being considered was for a term of twelve years.  Mr. Rogers stated that turf fields only have a useful life of ten to twelve years.  Mr. Raths stated that the products used to make the base of the fields last longer and the newer surfaces are lasting longer, as well.

 

Mayor DeFillippo amended the order of the agenda to allow for the following presentation:

 

A.  Presentation of County Check for SSC property

Freeholders Gene Feyl and Jack Schrier presented a check to the Township of Roxbury in the amount of $427,534 for the Veterans Park/Emmans Greenway Open Space acquisition.  Freeholder Feyl commended the Township for receiving over twelve million dollars in grant money for Open Space acquisition and for exceeding the one thousand acre mark.

 

Mayor DeFillippo amended the order of the agenda to allow for the adoption of the following resolution:

 

09-321             A RESOLUTION AUTHORIZING THE EXECUTION OF A SHARED USE AGREEMENT BETWEEN THE TOWNSHIP OF ROXBURY AND THE ROXBURY TOWNSHIP BOARD OF EDUCATION FOR THE FUNDING, DEVELOPMENT, JOINT USE AND MAINTENANCE OF A TURF FIELD AT THE ROXBURY TOWNSHIP HIGH SCHOOL FOOTBALL FIELD

Mr. Zoschak stated that some of the language in the resolution seemed to conflict with the Council?s intent to not use additional taxpayer money in the future to fund any portion of the turf field.  The Council members agreed to eliminate the sentence that Mr. Zoschak was referring to.  Council members commended Mr. Hall, the School Board and Recreation Department for their cooperative efforts in making this ?Field of Dreams? a reality.  Mr. Hall expressed his pride in having had the opportunity to experience this cooperative effort with the Board of Education.

 

Mr. Hall made a motion to approve Resolution 09-321.  Mr. Behrens seconded the motion.

 

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

                        Deputy Mayor Rilee ?  Yes     Mr. Schmidt ? Yes

                        Mr. Smith ? Yes                       Mr. Zoschak ? Yes

                        Mayor DeFillippo ? Yes

 

Motion Carried 7 to 0.

 

 

Mayor DeFillippo amended the order of the agenda to allow for the following presentation:

 

B.  Presentation-Frank Grisi-"Public Health Preparedness and Pandemic Influenza"

Jill Grady, Health Educator, and Frank Grisi, Health Officer, gave a PowerPoint presentation detailing the differences between seasonal flu and pandemic flu.  Mr. Grisi reviewed preparedness, prevention techniques, reporting procedures, and information on vaccinations.  Mr. Grisi publicly thanked the owner of Valley Pharmacy for his assistance during this experience.

 

Mayor DeFillippo amended the order of the agenda to allow for the approval of the following:

 

C. SSC-One Day Liquor License October 18, 2009

D. SSC-One Day Liquor License October 31, 2009

Mr. Smith asked if there were any issues regarding the playing of music until 2:00AM on the application being submitted for October 31, 2009.  Ms. Rieth stated that the music would be indoors only and the doors and windows would be closed.

 

Deputy Mayor Rilee made a motion to approve items C and D as listed above.  Mr. Schmidt seconded 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.

 

Mayor DeFillippo returned to the regular order of the agenda.

 

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

Mr. Zoschak stated that he attended a Lake Hopatcong Commission meeting last night.  He stated that the NJDEP has requested that Roxbury Township appoint a public member to an advisory group being established to provide input as the Department of Environmental Protection reexamines the Lake Hopatcong Water Level Management Plan.

 

Mr. Zoschak made a motion to appoint Mr. David Gedicke of Lake?s End Marina, as Roxbury Township?s public member, to the advisory group being established by the New Jersey Department of Environmental Protection.  Deputy Mayor Rilee seconded the motion.

 

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

                        Mr. Behrens ? Yes                   Mr. Hall ? Yes

                        Mr. Schmidt ? Yes                   Mr. Smith ? Yes

                        Mayor DeFillippo ? Yes

 

Motion carried 7 to 0.

 

Mr. Zoschak stated that the Lake Hopatcong Commission is continuing to explore issues such as funding, staffing, weed harvesting, and the ability to collect user fees.

 

Mr. Zoschak reported that the 319 Grant for King?s Cove is completed and there is funding available for the Singac Road project.

 

Mr. Zoschak asked if the Township has any indoor locations where the Lake Hopatcong Commission?s equipment could be stored.  Mr. Raths stated that he would look into it.

 

Deputy Mayor Rilee stated that he attended the Fire Department meeting and there are a few items that he will review with Mr. Raths.

 

Deputy Mayor Rilee stated that the groundbreaking ceremony for the new Public Works building was held.

 

Fred Hall stated that he attended last night?s Board of Education meeting.  The Board of Education?s Business Administrator, Ruthann Quinn, is leaving the district.  Last night was her final Board meeting.

 

Fred Hall stated that the Roxbury School Board hired a Director of Buildings and Grounds.  Council members expressed surprise because they thought that the school board and the Township were going to look into sharing those services.

 

Mr. Behrens stated that the new Director of Building and Grounds position carries a salary of $83,000 +.

 

Mr. Behrens stated that Dr. Rossi is exploring the possibility of replacing school textbooks by downloading books to wireless reading devices (?Kindles?).

 

Mr. Behrens stated that several residents have brought concerns to him and that Mr. Raths has taken care of them efficiently and expeditiously.

 

Mr. Behrens expressed his gratitude to Mr. Hall for his efforts regarding the turf field.

 

Mr. Raths stated that October 6, 2009 is confirmed as the date for the Council?s 2010 Goal Setting meeting.

 

Mr. Raths stated that the CFO is working with the auditor to explore taking advantage of the historically low interest rates by rolling Bond Anticipation Notes into regular Bonds with the possibility of a 1.1 million dollar savings in interest over a period of nine years while remaining on the ?pay-as-you-go? plan.

 

Ms. Rieth asked for a response from Council members regarding who would be attending the NJLM Conference in Atlantic City in November.

 

Mayor DeFillippo stated that the Economic Development Committee had their seminar last week and it was well attended.

 

Mayor DeFillippo stated that there is another meeting scheduled for October 7, 2009, for area mayors and staff regarding Lake Hopatcong issues.  Mayor DeFillippo stated that she will inform the meeting attendees that Roxbury will continue to provide the same assistance as they have in the past and that we do not support user fees.

 

Mayor DeFillippo stated that she is unable to access her Township email account through her Blackberry phone.  Other Council members expressed similar problems.  Mr. Raths stated that he would have Mr. Kuncken follow-up with the Council members individually.

 

Mayor DeFillippo stated that she would like to have the budget process available on the website.  Mr. Raths will report back to Council members after he discusses this possibility with Mr. Kuncken.

 

A.  New Business

 

B.  Old Business

1.  Procurement Policy

 

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

A.  Presentation of County Check for SSC property ? (Previously discussed)

 

B.  Presentation-Frank Grisi-"Public Health Preparedness and Pandemic Influenza"? (Previously discussed)

 

C. SSC-One Day Liquor License October 18, 2009 ? (Previously discussed & voted on)

 

D. SSC-One Day Liquor License October 31, 2009 ? (Previously discussed & voted on)

 

DRAFT ORDINANCES FOR DISCUSSION

XX-09             AN ORDINANCE DETERMINING POSITIONS ELIGIBLE FOR THE DEFINED CONTRIBUTION RETIREMENT PROGRAM

Mr. Raths explained that, approximately eighteen months ago, certain positions within the state were reclassified as Defined Contributions Retirement.  The positions include Council members and some administrative positions.  The new system will require that retirement benefits be based on actual contributions, as opposed to the current ?Defined Benefits System? wherein benefit amounts are determined by a percentage of salary.  Mr. Smith asked if a Council member could switch from the Defined Benefits Program to the Defined Contribution Program.  Mr. Raths will check if this is a possibility.

 

INTRODUCTION OF PROPOSED ORDINANCES

None

 

HEARING AND ADOPTION OF ORDINANCES ON SECOND READING

15-09               ORDINANCE TO AMEND CHAPTER XIII, LAND DEVELOPMENT, ARTICLE I, SECTION 13-1.2, DEFINITIONS; AND ARTICLE II, SECTION 13-2.1, SUBSECTION 13-2.107, ADVISORY COMMITTEE, AND SECTION 2.5, HEARINGS, SUBSECTION 2.512, TIME LIMIT ON VARIANCES AND DESIGN WAIVERS; AND SECTION 13-2.6, SUBSECTION 13-2.603, ZONING PERMITS; AND ARTICLE III, SECTION 13-3.4, SUBSECTION 13-3.409, EFFECT OF PRELIMINARY APPROVAL, AND SECTION 3.8, SUBSECTION 13-3.808, EFFECT OF APPROVAL OF PRELIMINARY MAJOR SITE PLANS, AND SECTION 13-3.5, SUBSECTION 13-3.504.1, NOTICE OF PUBLIC HEARING, AND SECTION 13-3.7, SUBSECTION 13-3.706, CONDITIONAL USE, OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF ROXBURY, COUNTY OF MORRIS, STATE OF NEW JERSEY

 

Mr. Smith made a motion to open Ordinance 15-09 to the public.  Mr. Zoschak seconded the motion.

 

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

Mr. Behrens - Yes                    Mr. Hall ? Yes

Deputy Mayor Rilee ? Yes       Mr. Schmidt ? Yes

Mayor DeFillippo ? Yes

 

Motion Carried 7 to 0.

 

No public comment

 

Mr. Smith made a motion to close Ordinance 15-09 to the public.  Mr. Zoschak seconded the motion.

 

Roll Call:          Mr. Smith ? Yes                       Mr. Zoschak ? 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 15-09.  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.

 

16-09               ORDINANCE TO AMEND CHAPTER XIII, LAND DEVELOPMENT, ARTICLE VI, CHECKLISTS, SECTION 13-6.1, COMPLETE APPLICATION CHECKLISTS, SUBSECTION          13-6.101.1, INITIAL SUBMISSION OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF ROXBURY, COUNTY OF MORRIS, STATE OF NEW JERSEY

 

Mr. Zoschak made a motion to open Ordinance 16-09 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 16-09 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.

 

Mr. Zoschak made a motion to adopt Ordinance 16-09.  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.

 

17-09               ORDINANCE TO AMEND CHAPTER XIII, LAND DEVELOPMENT, ARTICLE VII, ZONING REGULATIONS, SECTION 13-7.7, SUBSECTION 13-7.704, RESTORATION OF EXISTING BUILDINGS, PARAGRAPH D, DETERMINATION OF PARTIAL DESTRUCTION; SECTION 13-7.8, SUBSECTION

13-7.809, INCONGRUOUS BUILDINGS AND STRUCTURES, SUBSECTION 13-7.810, PRINCIPAL STRUCTURES, SUBSECTION 13-7.815, PROHIBITED USES, AND NEW SUBSECTION 13-7.815A, SETBACKS FROM PUBLIC WELLS; SECTION 13-7.9, SUBSECTION 13-7.903, MEASUREMENT OF BUILDING SETBACK; SUBSECTION 13-7.903, MEASUREMENT OF BUILDING SETBACK; SECTION 13-7.20, US OPEN SPACE DISTRICT, SUBSECTION 13-7.2002, PARAGRAPH C, AREA, YARD AND BUILDING REQUIREMENTS; SECTION 13-7.21A, GENERAL PROVISIONS FOR COMMERCIAL INDUSTRIAL ZONES, SUBSECTION 13-7.21A04, HOURS OF BUSINESS OPERATIONS; SECTION 13-7.22, PO/R PROFESSIONAL OFFICE/RESIDENTIAL DISTRICT, SUBSECTION 13-7.2202, PARAGRAPH A, PRINCIPAL PERMITTED USES, PARAGRAPH C, PERMITTED CONDITIONAL USES, AND PARAGRAPH D, AREA, YARD AND BUILDING REQUIREMENTS; SECTION

13-7.23, B-1 LIMITED BUSINESS DISTRICT, SUBSECTION

13-7.2302, REQUIRED CONDITIONS, PARAGRAPH C, CONDITIONAL USES; SECTION 13-7.24, B-1A LIMITED BUSINESS DISTRICT, SUBSECTION 13-   7.2403, REQUIRED CONDITIONS, SECTION 13-7.25 B-2 HIGHWAY BUSINESS DISTRICT, SUBSECTION 13-7.2502, REQUIRED CONDITIONS, SECTION 13-7.27, OB OFFICE BUILDING DISTRICT, SUBSECTION 13-7.2702, PARAGRAPH B, ACCESSORY USES; SECTION 13-7.31, I-5 LIMITED INDUSTRIAL DISTRICT, SUBSECTION 13-7.3103, LOT AVERAGING, SECTION 13-7.32,

I-10 LIMITED INDUSTRIAL DISTRICT, SUBSECTION

13-7.3203, LOT AVERAGING, SECTION 13-7.33, OR-5 OFFICE RESEARCH   DISTRICT, SUBSECTION 13-7.3302, PARAGRAPH D, AREA YARD AND BUILDING REQUIREMENTS; SECTION 13-7.35, CONDITIONAL USES, SUBSECTIONS 13-7.3503, INSTITUTIONAL USES, 13-7.3504, NURSING HOMES AND ASSISTED LIVING FACILITIES, 13-7.3505, MOTOR VEHICLE ESTABLISHMENTS, 13-7.3507, VEHICULAR SERVICE STATIONS, AND 13-7.3509, SUBSIDIZED ACCESSORY APARTMENT; OF THE REVISED     GENERAL ORDINANCES OF THE TOWNSHIP OF ROXBURY, COUNTY OF MORRIS, STATE OF NEW JERSEY

 

Mr. Zoschak made a motion to open Ordinance 17-09 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.

 

No public comment

 

Deputy Mayor Rilee made a motion to close Ordinance 17-09 to the public.  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.

 

Mr. Zoschak made a motion to adopt Ordinance 17-09.  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.

18-09               ORDINANCE TO AMEND CHAPTER XIII, LAND DEVELOPMENT, ARTICLE VIII, DESIGN STANDARDS, SECTION 13-8.7, SUBSECTION 13-8.700, OFF-STREET PARKING; SECTION 13-8.8, SUBSECTION 13-8.810, SITE FURNITURE; AND SECTION 13-8.9, SIGN STANDARDS, SUBSECTION13-8.910, EXEMPT SIGNS, OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF ROXBURY, COUNTY OF MORRIS, STATE OF NEW JERSEY

 

Mr. Smith made a motion to open Ordinance 18-09 to the public.  Mr. Zoschak seconded the motion.

 

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

Mr. Behrens - Yes                    Mr. Hall ? Yes

Deputy Mayor Rilee ? Yes       Mr. Schmidt ? Yes

Mayor DeFillippo ? Yes

 

Motion Carried 7 to 0.

 

No public comment

 

Mr. Smith made a motion to close Ordinance 18-09 to the public.  Mr. Zoschak seconded the motion.

 

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

Mr. Behrens - Yes                    Mr. Hall ? Yes

Deputy Mayor Rilee ? Yes       Mr. Schmidt ? Yes

Mayor DeFillippo ? Yes

 

Motion Carried 7 to 0.

 

Mr. Smith made a motion to adopt Ordinance 18-09.  Mr. Zoschak seconded the motion.

 

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

Mr. Behrens - Yes                    Mr. Hall ? Yes

Deputy Mayor Rilee ? Yes       Mr. Schmidt ? Yes

Mayor DeFillippo ? Yes

 

Motion Carried 7 to 0.

 

19-09               ORDINANCE TO AMEND CHAPTER XIII, LAND DEVELOPMENT, ARTICLE III, DEVELOPMENT PROCEDURES, SECTION 13-3.12, GENERAL DEVELOPMENT PLAN (GDP) APPROVALS, SUBSECTION 13-3.1202, FINDINGS, OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF ROXBURY, COUNTY OF MORRIS, STATE OF NEW JERSEY

 

Mr. Zoschak made a motion to open Ordinance 19-09 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.

 

No public comment

 

Mr. Zoschak made a motion to close Ordinance 19-09 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 19-09.  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.

 

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. Zoschak made a motion to open Ordinance 21-09 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 21-09 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.

 

Mr. Zoschak made a motion to adopt Ordinance 21-09.  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.

 

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

Mr. Zoschak made a motion to open Ordinance 22-09 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 22-09 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.

 

Mr. Zoschak made a motion to adopt Ordinance 22-09.  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 RESOLUTIONS FOR DISCUSSION

None

 

INTRODUCTION AND ADOPTION OF RESOLUTIONS

09-314             A RESOLUTION INCORPORATING BY REFERENCE HEREIN AND APPROVING THE FOLLOWING NUMBERED RESOLUTIONS LISTED ON THE REGULAR COUNCIL MEETING AGENDA FOR THIS DATE:  09-273, 09-315, 09-316,  09-317, 09-318, 09-319, 09-320, 09-322, 09-323

 

Deputy Mayor Rilee made a motion to adopt Resolution 09-314.  Mr. Smith seconded the motion.

 

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

Mr. Behrens ? Yes                   Mr. Hall ? Yes

            Mr. Schmidt ? Yes                   Mr. Zoschak ? Yes

            Mayor DeFillippo ? Yes

 

Motion carried 7 to 0.

 

09-273             A RESOLUTION EXPRESSING THE TOWNSHIP OF ROXBURY?S INTENT TO CONFORM TO THE HIGHLANDS ACT

Deputy Mayor Rilee stated that since the State has finally given us a written response confirming that non-conformance would negatively impact the Township, he is agreeing to go forward, but still disagrees with this un-funded mandate.  Mr. Hall asked if there is a possibility of obtaining an extension to the current December 8, 2009 deadline for submitting the full plan conformance.  Mr. Bucco stated that the deadlines are statutory.

 

09-315             A RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT TO RAY PALMER ASSOCIATES, INC. FOR THE REPLACEMENT OF THE ELECTRIC CHECK VALVE AND PUMP DIRECTOR FOR THE FORD ROAD BOOSTER STATION, FORD ROAD, LANDING

 

09-316             A RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT TO FAIRFIELD MAINTENANCE, INC. FOR THE REMOVAL OF AN UNDERGROUND STORAGE TANK LOCATED AT THE KING HOMESTEAD MUSEUM, 209 MAIN STREET, LEDGEWOOD, BLOCK 6408, LOT 2   

 

09-317             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

 

09-318             A RESOLUTION AUTHORIZING THE RELEASE OF ENGINEERING INSPECTION ESCROW FEES TO DONALD PANETTA CONTRACTING, L.L.C. IN CONNECTION WITH MINOR SOIL PERMIT NO. MINSOIL-06-09-026, 703 SUCCASUNNA RD., LANDING; BLOCK 12107, LOT 19

 

09-319             RESOLUTION AUTHORIZING REFUND OF TAXES FOR A TOTALLY DISABLED VETERAN EXEMPTION

 

09-320             A RESOLUTION AUTHORIZING THE TOWNSHIP OF ROXBURY TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH THE LAND CONSERVANCY OF NEW JERSEY TO PROVIDE THE UPDATE TO THE OPEN SPACE AND RECREATION PLAN

 

09-321             A RESOLUTION AUTHORIZING THE EXECUTION OF A SHARED USE AGREEMENT BETWEEN THE TOWNSHIP OF ROXBURY AND THE ROXBURY TOWNSHIP BOARD OF EDUCATION FOR THE FUNDING, DEVELOPMENT, JOINT USE AND MAINTENANCE OF A TURF FIELD AT THE ROXBURY TOWNSHIP HIGH SCHOOL FOOTBALL FIELD ? Previously Discussed & Voted On

 

09-322             A RESOLUTION AUTHORIZING THE EXECUTION OF A NON-BINDING SETTLEMENT PROPOSAL IN THE MATTER ENTITLED ?N.J. DEPARTMENT OF ENVIRONMENTAL PROTECTION V. ALMO ANTI POLLUTION SERVICES CORP., ET AL, DOCKET NO. L-00895-02

 

09-323             A RESOLUTION AUTHORIZING THE PAYMENT OF BILLS

 

PERSONNEL CHANGES

Memo Dated September 17, 2009 from Judy Riley, Sr. Personnel Coordinator

 

COMMUNICATIONS

September 11, 2009

September 18, 2009

 

Deputy Mayor Rilee made a motion to file the Communications listed above.  Mr. Schmidt seconded 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.

 

PUBLIC PORTION

Julia MacCay

29 Arlington Avenue, Ledgewood

Ms. MacCay stated that she was impressed with the efforts of the Council members.  She also stated that she was disappointed that money is being spent on a turf field as opposed to being saved.  Ms. MacCay asked why the school budget was allowed to increase 6%.  Council members explained that the school budget is controlled by the Board of Education, not by the Township.  Ms. MacCay thanked the Council members for their hard work

 

Dennis Wine

4 Holly Drive, Succasunna

Mr. Wine offered his copies of the agendas to Ms. MacCay throughout the month of November, as he will be out of town.

 

EXECUTIVE SESSION

09-324             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

 

At 9:40 PM, Mr. Zoschak made a motion to approve Resolution 09-324 for Executive Session.  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.

 

At 10:15 PM, the Council exited Executive Session and returned to Open Session.

 

ADJOURNMENT

At 10:15 PM, Mr. Schmidt made a motion to adjourn the meeting.  Mr. Zoschak seconded the motion.

 

All In Favor ? Yes

 

Motion carried 7 to 0.

Submitted By:

 

 

___________________________________

BettyLou DeCroce

Township Clerk

MINUTES APPROVED BY COUNCIL

DATE:                        December 1, 2009

ROLL CALL:            Mr. Smith ? yes            Mr. Zoschak ? yes

                                    Mr. Behrens ? yes        Mr. Hall ? yes

                                    Mr. Rilee ? yes Mr. Schmidt ? yes

                                    Mayor DeFillippo - yes