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October 13, 2009

 

A Regular Meeting of the Township Council of the Township of Roxbury was held on October 13, 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 Fred Hall, Martin Schmidt, Richard Zoschak, and Mayor Kathy DeFillippo

 

ALSO PRESENT:  Christopher Raths, Township Manager and Janet Rieth, Deputy Township Clerk

 

Absent:  Councilmen Gary Behrens and Deputy Mayor Jim Rilee

 

Councilman Tim Smith arrived at 7:40 PM

 

Anthony Bucco, Esq., Township Attorney arrived at 7:55 PM

 

Mayor DeFillippo amended the Agenda to the Kiwanis Club Recognition

Mayor DeFillippo stated that the Kiwanis Club has been in the community for 63 years.  In addition to being an organization of adults, they work with the children from grammar school through high school.

 

Eileen Redfern, President of the Roxbury Kiwanis Club, gave a brief overview of the Kiwanis Club and stated that they have assisted with such groups as the Roxbury Day Care Center, the Roxbury Dialysis Center and Kiwanis Park.  There are currently 400 Roxbury students involved in community service. They have participated in such projects as the clean up of six parks, planting for Arbor Day and helped paint the new Roxbury Arts Center.

 

At this time, Ms. Redfern recognized Alan King as the 2009 Kiwanian  of the Year, who has been involved for 20 years and  helped start the Roxbury Dialysis Center. Mr. Redfern introduced Alyssa Weichert, who was representing the Key Club; Jennifer Sassaman, Faculty Advisor; Victoria Guerrero, Second President of Lincoln/Roosevelt K Kids; Therese Guerrero, Parent Advisor of Jefferson K Kids.

 

Councilman Smith arrived at this time.

 

Elizabeth Sann of the Roxbury Library and VFW Woman's Auxiliary,  presented awards to the Outstanding Young Volunteer, Alyssa Weichert.  For "Youths Supporting Military Heroes", Ms. Sann presented awards to the Eisenhower Middle School Builders Club; Lincoln/Roosevelt K Kids and Jefferson Elementary School K Kids.

 

Ms. Redfern advised that the next project for the Key Club and Kiwanis will be assisting with the refurbishing of Imagination Station.

 

Mayor DeFillippo amended the Agenda to discuss the Bond Anticipation Notes

 

Mr. Raths advised that the Township currently has issued $7.6 million in Bond Anticipation Notes.  He and Mr. Schroeder, Township Auditor, have investigated taking advantage of historically low interest rates by issuing bonds for these notes. Mr. Schroeder stated that he is recommending that the Township go out for permanent bonds for only a 7 or 8 year period to fit into the pay as you go schedule which would keep debt service at the exact level that it was last year.  This would be for the foreseeable future, until we get to a full-blown pay as you go schedule where we are issuing capital without issuing any debt.  The risk to this is that the interest rate for BANs could go higher.  The benefits to this would be seen in 2013 and the Township would be completely pay as you go by 2019.  Council was in agreement to move forward.

 

Anthony Bucco, Esq. arrived at this time.

 

Mayor DeFillippo amended the Agenda to the Public Portion

 

Mr. and Mrs. Ferrara

9 Larson Lane, Mt. Arlington

The Ferrara?s stated that their mailing address is Mt. Arlington, but they are Roxbury residents.  They are very upset that they must travel five miles to the Berkshire Valley Firehouse to vote when there is a polling place within a mile of their home.  Mr. Zoschak stated that he has spoken to BettyLou DeCroce, Township Clerk, regarding this and she advised that nothing can be done until after the 2010 census.  He further stated that Mrs. DeCroce has assured him that she will look into this.  Mrs. Ferrara stated that the residents on her street do not receive a Township calendar.  Mrs. Rieth assured her that their names are on a list, kept in the Clerk's office, of residents who have not received a calendar and it will be mailed to them.

 

Robert Kluska

274 Emmans Road, Flanders

Mr. Kluska stated that he is proud of the way the Council is handling the bond program.

 

Regarding the Roxbury Library Board of Trustees Minutes in the September 25th Communications, Mr. Kluska stated that they will allow weddings at the gazebo; however, there is no mention of insurance.  Mr. Bucco stated that the Township should have a Hold Harmless Agreement.   

 

Mayor DeFillippo amended the Agenda to the discuss the third quarter Financial Report

 

Council discussed the third quarter report presented by Lisa Spring, Chief Financial Officer.  Mr. Smith stated that the main revenue item that is lacking is the interest on investments.  Mr. Raths stated that during the first six months of the year we were only at $1,000 and in the last two months we have come up because we have changed our banking services and we are now getting 2% interest.

 

APPROVAL OF MINUTES

Minutes for Approval

September 22, 2009 Executive Session

 

Mr. Zoschak made a motion to approve the above Minutes.  Mr. Smith seconded the motion.

 

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

Mr. Hall ? Yes                         Mr. Schmidt ? Yes

Mayor DeFillippo ? Yes

 

Motion carried 5 to 0.

 

 

Executive Minutes to Be Released to the Public

None

 

PUBLIC PORTION

Previously Discussed

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

Mr. Schmidt stated that the Environmental Commission met last week.  Discussion took place regarding the year-end closing of the Roxbury garden.  It is expected to be cleaned up by mid November.

 

Mr. Schmidt stated that there will be a marching band competition held at the high school on October 24th, with 15 bands participating. He further stated that the Roxbury High School Marching Band placed third in Towson, Maryland this past weekend.

 

Mr. Zoschak requested an update on the sinkhole at 521 Edith Road.  Mr. Raths will follow up tomorrow.

 

Mr. Zoschak stated that Shippenport Road has been repaved.  Mr. Raths stated that Corwin Street, Righter Road, Berkshire Valley Road and Mildred Terrace have also been repaved.

 

Mr. Smith advised that the Water/Sewer Committee will meet on Friday.

 

Mr. Smith stated that he missed the last Open Space meeting.  Mr. Raths advised that the Committee has gone through 417 vacant parcels in the Township and has categorized them on a priority basis.  The Committee is working with the Land Conservancy of New Jersey and they will create a draft open space plan, which will be presented to Council.

 

Mr. Smith advised that he has been voted in as President of the Roxbury Arts Alliance.

 

Mr. Hall stated that there is an article on pages 52 and 53 of the NJ Municipalities Magazine regarding increased municipal aid in grants available for items such as sidewalks and bikeways.  He would like the Township to look into this.

 

Mr. Hall advised solicitation of all clubs has begun for recreation master plan revisions.

 

Mr. Raths reminded Council that the billboard on Route 46 should be up by the end of this week announcing enhanced customer services, which include the complaint monitoring system, credit card services and the fact that residents can pay water/sewer/tax payments at Skylands Bank.

 

Mr. Bucco commended the Clerk?s office for the way the release of Executive Session Minutes is being handled.  Mr. Zoschak commended the Clerk's office for getting all information to Gannett newspapers under the recent OPRA request.  Mayor DeFillippo also commended the Clerk?s office and staff for meeting the requests of the Daily Record.

 

Mayor DeFillippo stated that she received a copy of the recreation bulletin and found it enjoyable.

 

Mayor DeFillippo stated that the Economic Development Committee sub committee met tonight before the Council meeting.  There is a consultant who will be looking at Route 46 and will speak with Mr. Raths later this week.  They also talked about involving the community regarding a slogan on banners for streets in Kenvil. 

 

Mayor DeFillippo reminded everyone of the Neighborhood meeting, which will be held on Tuesday, October 20th, 7:00 PM, at Company No. 2, Shippenport Road   Mr. Raths has requested names from the Fire Department of volunteers to be recognized at the meeting.

 

Mayor DeFillippo requested that Mr. Raths speak to Chief Noll regarding placing the sign in Landing, announcing the meeting.

 

 

A.  New Business

B.  Old Business

1.  Procurement

 

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

A.  Bond Anticipation Notes (BAN) Presentation-Bill Schroeder - Previously Discussed

 

B.  Kiwanis Club Recognition ? Previously Discussed

 

C.  Q 3 Financial Reports-Lisa Spring ? Previously Discussed

 

DRAFT ORDINANCES FOR DISCUSSION

None

 

INTRODUCTION OF PROPOSED ORDINANCES

23-09               AN ORDINANCE DETERMINING POSITIONS ELIGIBLE FOR THE DEFINED CONTRIBUTION RETIREMENT PROGRAM

 

Mr. Schmidt made a motion to introduce Ordinance 23-09.  Mr. Zoschak seconded the motion.

 

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

Mr. Hall ? Yes                         Mr. Smith ? Yes

Mayor DeFillippo ? Yes

 

Motion carried 5 to 0.

 

 

24-09               AN ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER II,

ADMINISTRATIVE CODE, SECTION 2-17, OFFICERS AND EMPLOYEES GENERALLY, OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF ROXBURY, COUNTY OF MORRIS, STATE OF NEW JERSEY

 

Mr. Schmidt made a motion to introduce Ordinance 24-09.  Mr. Zoschak seconded the motion.

 

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

Mr. Hall ? Yes                         Mr. Smith ? Yes

Mayor DeFillippo ? Yes

 

Motion carried 5 to 0.

 

 

HEARING AND ADOPTION OF ORDINANCES ON SECOND READING

None

 

DRAFT RESOLUTION FOR DISCUSSION

None

 

INTRODUCTION AND ADOPTION OF RESOLUTIONS

09-325             A RESOLUTION INCORPORATING BY REFERENCE HEREIN AND APPROVING THE FOLLOWING NUMBERED RESOLUTIONS LISTED ON THE REGULAR COUNCIL MEETING AGENDA FOR THIS DATE:  09-326, 09-327, 09-328,  09-329, 09-331, 09-332, 09-333, 09-334, 09-335, 09-336, 09-337,     09-338, 09-339, 09-340

 

Mr. Zoschak made a motion to adopt Resolution 09-325.  Mr. Schmidt seconded the motion. 

 

Mr. Bucco advised that Resolution 09-330 must be pulled.  It cannot be adopted until Ordinance 24-09 is adopted. 

 

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

Mr. Hall ? Yes                         Mr. Smith ? Yes

Mayor DeFillippo - Yes

 

Motion carried 5 to 0.

 

 

09-326             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

 

09-327             A RESOLUTION AUTHORIZING THE ACCEPTANCE OF THE MAINTENANCE BOND AND APPROVING THE RELEASE OF THE PERFORMANCE GUARANTEE AND FINAL PAYMENT TO HAHR CONSTRUCTION, INC., NORTH PLAINFIELD, NEW JERSEY FOR THE STABILIZATION OF THE MORRIS CANAL INCLINED PLANE 2 EAST PROJECT

 

09-328             A RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT TO ABE SNYDER & COMPANY INC. FOR SNOW REMOVAL SERVICES

 

09-329             A RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT TO BARCIA BROTHERS FENCE COMPANY FOR FENCE INSTALLATION AT THE HIGH LEDGE MINE

 

09-330             PULLED - A RESOLUTION AUTHORIZING SALARIES AND

COMPENSATION FOR EMPLOYEES FOR THE YEAR 2009

 

09-331             A RESOLUTION AUTHORIZING THE INSERTION OF AN ITEM OF REVENUE IN THE 2009 BUDGET FOR ADDITIONAL FUNDING FOR PLAN CONFORMANCE GRANT

 

09-332             A RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF ROXBURY, IN THE COUNTY OF MORRIS, STATE OF NEW JERSEY, AUTHORIZING THE FILING OF THE APPLICATION FOR FUNDS FROM THE NEW JERSEY DEPARTMENT OF HEALTH AND SENIOR SERVICES FOR LOCAL PUBLIC HEALTH EMERGENCY RESPONSE TO H1N1 GRANT

 

09-333             A RESOLUTION AUTHORIZING THE REFUND OF CONSTRUCTION PERMIT FEES PERTAINING TO A PERMIT FOR AN OIL TANK INSTALLATION LOCATED AT 21 BALLANTINE STREET, KENVIL, NEW JERSEY, BLOCK 4005, LOT 2

 

09-334             A RESOLUTION AMENDING THE MEMBERSHIP OF THE TOWNSHIP FIRE DEPARTMENT

 

09-335             RESOLUTION AUTHORIZING THE SOLICITATION OF BIDS FOR THE LEASE OF MUNICIPAL PROPERTY (BLOCK 13002, LOT 11, MILL STREET)

 

 

 

09-336             A RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT TO FERRIERO ENGINEERING, INC. TO ASSIST THE TOWNSHIP IN ITS SUBMISSION TO THE HIGHLANDS COUNCIL FOR PLAN CONFORMANCE WITHIN THE PRESERVATION AREA

The words "in its petition" have been changed to "in its submission" throughout the resolution.

 

09-337             A RESOLUTION AUTHORIZING THE REFUND OF TAXES

 

09-338             A RESOLUTION AUTHORIZING THE REFUND OF SEWER UTILITY OVERPAYMENT

 

09-339             A RESOLUTION GRANTING RENEWAL OF LIQUOR LICENSE #1436-33-019-011 FOR OS REALTY, INC. AND DIRECTING LICENSING OFFICER TO DELIVER SAME

 

09-340             A RESOLUTION AUTHORIZING THE PAYMENT OF BILLS

 

PERSONNEL CHANGES

None

 

COMMUNICATIONS

September 25, 2009

#14 ? Correspondence from Ellen Horack, Stanhope Borough Clerk, re:  ?RESOLUTION OF THE MAYOR AND COUNCIL OF THE BOROUGH OF STANHOPE URGING STATE FUNDING FOR THE MAINTENANCE AND PROTECTION OF LAKE HOPATCONG?, adopted September 22, 2009

A resolution in support will be on the next Agenda.

 

October 9, 2009

#10 - Musconetcong Sewerage Authority Minutes, September 2, 2009

Mr. Raths will talk to Melanie Michetti, Roxbury's representative to the Sewerage Authority, regarding the line item for  $2,080.00 for the Trump Taj Mahal. 

 

Mayor DeFillippo discussed dates for Neighborhood Meetings for 2010.  She suggested March 30th (Ward 4), May 18th (Berkshire Valley Firehouse) September 21st (Town Hall) and October 19th (Company #2 Firehouse, Shippenport Road). Council will look at these dates and confirm at the next meeting.

 

PUBLIC PORTION

None

 

EXECUTIVE SESSION

09-341             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 adopt Resolution 09-341 for Executive Session.  Mr. Smith seconded the motion.

 

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

Mr. Hall ? Yes                         Mr. Schmidt ? Yes

Mayor DeFillippo ? Yes

 

Motion carried 5 to 0.

 

ADJOURNMENT

At 9:35 PM, Mr. Zoschak made a motion to adjourn the Regular Meeting.  Mr. Smith seconded the motion.

 

Roll Call:          All in Favor ? Yes

Motion carried 5 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 ? abstain   Mr. Hall ? yes             

                                    Mr. Rilee ? abstain       Mr. Schmidt ?yes

                                    Mayor DeFillippo - yes