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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
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
Christopher Raths, Township Manager and Janet Rieth, Deputy Township
Councilmen Gary Behrens and Deputy Mayor Jim Rilee
Councilman Tim Smith arrived at
Anthony Bucco, Esq., Township Attorney arrived at 7:55 PM
amended the Agenda to the Kiwanis Club Recognition
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.
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.
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
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
Esq. arrived at this time.
amended the Agenda to the Public Portion
Mr. and Mrs.
9 Larson Lane, Mt.
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.
274 Emmans Road, Flanders
Mr. Kluska stated
that he is proud of the way the Council is handling the bond program.
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
amended the Agenda to the discuss the third quarter Financial Report
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
September 22, 2009
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
to Be Released to the Public
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.
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
stated that she received a copy of the recreation bulletin and found it
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
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.
requested that Mr. Raths speak to Chief Noll regarding placing the sign in Landing,
announcing the meeting.
A. New Business
B. Old Business
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
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 ?
Motion carried 5 to 0.
24-09 AN ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER
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.
ADOPTION OF ORDINANCES ON SECOND READING
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,
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
Mayor DeFillippo - Yes
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
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
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
September 25, 2009
#14 ? Correspondence
from Ellen Horack, Stanhope Borough Clerk, re:
OF THE MAYOR AND COUNCIL OF THE BOROUGH OF STANHOPE URGING STATE FUNDING FOR
THE MAINTENANCE AND PROTECTION OF LAKE HOPATCONG?, adopted September 22,
A resolution in
support will be on the next Agenda.
October 9, 2009
#10 - Musconetcong Sewerage Authority Minutes, September
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.
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.
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
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
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
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