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November 10, 2009

 

A Regular Meeting of the Township Council of the Township of Roxbury was held on November 10, 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 and Mayor Kathy DeFillippo

 

Mr. Zoschak arrived at 8:10 PM, as he was attending a Lake Hopatcong Commission meeting

 

ALSO PRESENT:  Christopher Raths, Township Manager; Anthony Bucco, Esq., Township Attorney; BettyLou DeCroce, Township Clerk; and, Amy Rhead, Administrative Aide

 

APPROVAL OF MINUTES

Minutes for Approval

None

Executive Minutes to Be Released to the Public

None

 

PUBLIC PORTION

Christine Bassani

42 Landing Road, Landing

In reference to recent road improvements on Laurie Road, Ms. Bassani stated that the Township did an excellent job.  Ms. Bassani stated that she was having problems accessing current meeting agendas on the Township website.  Mr. Raths stated that they are on the website.  Mr. Raths asked Ms. Bassani for her email address and said that Mr. Kuncken would call her to go over how to access the current agendas. Mr. Raths also announced that the Township website now has an online Service Request forms for non-emergency complaints/service requests.

 

Robert Kluska

274 Emmans Road, Flanders

Mr. Kluska asked about the reference in the communications packet to Roxbury relocating its health care facilities.  Mr. Raths stated that the Township continues to explore cost saving measures with other municipalities; however, relocating the Roxbury Health Department from Eyland Avenue has never been considered.  Mr. Smith stated that since Roxbury?s Health Officer may be retiring in the near future, now is the time to investigate all options, including shared services and/or restructuring.

 

 

Mayor DeFillippo amended the order of the agenda to address:

 

MATTERS REQUESTED/REFERRED BY COUNCIL MEMBERS, MANAGER, ATTORNEY OR CLERK (as follows):

 

B.  Proclamation-Pancreatic Cancer Awareness Month

Mayor DeFillippo read the Proclamation designating November 2009 as Pancreatic Cancer Awareness Month and presented spokesperson Debra Wittig with a copy of the Proclamation.  Ms. Wittig thanked the Township of Roxbury for their support.

 

A.  2010 Goals and Objectives Draft

Mr. Raths asked Council Members to review the draft and email any comments to him.  The second draft will be on the next agenda.

 

Mayor DeFillipppo returned to the order of the agenda

 

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

Mr. Schmidt asked for an update on the Nyma Way ?No Through? traffic regulation.    BettyLou DeCroce stated that she received the report from the police, forwarded the map to the Engineering Department, and is awaiting a recommendation from Mike Kobylarz, Township Engineer/Director of Utilities.

 

Mr. Schmidt asked for an update on the Township?s towing ordinance.  Mr. Bucco stated that he is awaiting the receipt of the ordinance from Chief Noll.

 

Mr. Schmidt reported that the Roxbury High School marching band won the national title in the United States Scholastic Band Association National Championship competition at the Naval Academy in Annapolis, Maryland, on November 8, 2009.  They also received individual awards for best music, best effect and best color guard.  Council members applauded the achievements of the marching band and will formally recognize their achievements at the November or the December Council meeting.

 

Mr. Schmidt thanked the High School for their Veterans Day celebration held on November 3rd, 2009 (prior to the actual designated date for the holiday).  Mr. Schmidt explained that the Armistice that formally ended World War I was signed on the 11th hour of the 11th day of the 11th month of 1918.  Mr. Schmidt asked that everyone take a moment at 11:00 am tomorrow to remember our Veterans. 

 

Mr. Schmidt stated that the Neighbors Helping Neighbors got together last Saturday.

Food, arts and crafts, and gifts were available.  Mr. Schmidt stated that this program is extremely well received.  

 

Mr. Schmidt asked if the Township received the results of the Energy Audit.  Mr. Raths stated that he expects to receive the report by the end of the month.

 

Mr. Smith asked what date the Open Space Committee is scheduled to meet.  Mr. Raths stated that the meeting would be on November 13, 2009, but he will confirm same.

 

Mr. Smith asked about the status of concerns he sent to Mr. Raths regarding Horseshoe Lake.  Mr. Raths stated that an update would be available after he meets with the Director of Recreation on Thursday.  He also noted that the DPW and the Parks Department will be working together on November 13th and 16th and that several of the items will be resolved at that time.

 

Deputy Mayor Rilee congratulated the winners of last week?s election, specifically Governor-elect Chris Christie and Assemblyman-elect Anthony Bucco, Jr., Esq. He also congratulated his fellow running mates for being re-elected for another term on the Township Council.

 

Deputy Mayor Rilee stated that he was pleased with the bids that were received for the turf field.  Deputy Mayor Rilee mentioned that this might be a good time for all the municipalities that are considering installing turf fields to explore cooperative purchasing.

 

Mr. Hall stated that the economy, as well as going out to bid in the off-season, were contributing factors for the cost of the turf field coming in lower than expected.  He further stated that, as a result, the Board of Education?s future costs associated with the turf field would be less than the amount currently needed to maintain the grass field.

 

Mr. Hall stated that the Dell Avenue project also came in under budget.

 

Mr. Hall reported that the demolition of the Imagination Station playground is scheduled to begin on Friday and Saturday.

 

Mr. Hall reported that the Veterans Day program he attended last Sunday at the Ledgewood Baptist Church was a nice tribute in honor of our Veterans.

 

In reference to the Berkshire Valley property that the Township is considering purchasing, Mr. Hall asked what the plans are for the rifle range that is currently there.  Mr. Raths stated that the NJDEP has issues regarding permitting of the wells on the site before we continue to pursue the procurement of this property.  If we were to obtain this property, Mr. Raths stated that the Township would look to continue the rifle range activities.

 

Mr. Hall stated that the revisions to the Recreational Master Plan have been distributed to all the sports teams and a report detailing the progress over the past few years will be compiled after everyone involved has reviewed them.

 

Mr. Hall and Mr. Behrens congratulated Council members on their re-election, and Mr. Bucco for being elected to the State Assembly.

 

Mr. Behrens stated that the Main Street Committee meeting scheduled for tomorrow night has been canceled.  It is rescheduled for December.

 

Mr. Behrens stated that he attended last week?s School Board meeting.  The Board was also pleased with the results of the turf field bidding.

 

Mr. Behrens stated that the Board of Education is also beginning to work on their budget for next year.

 

Ms. DeCroce reported on the H1N1 vaccine clinic and the amount of vaccines that were given.  She complimented all those involved for their teamwork and keeping the clinic running smoothly.

 

Mr. Raths stated that both the online reporting system for complaints and the credit card payment system have been implemented and operating successfully since November 1, 2009.

 

Mr. Raths stated that a police officer has been assigned to contact violators with outstanding tickets and inform them of the ability to pay by credit card.

 

Ms. DeCroce updated Council members on the status of the census.  The disk containing the address list has been received and the Tax Assessor is currently reviewing it for accuracy.  Within the next two weeks the completed boundary and annexation map will be available for the Engineering Department to review.

 

Mr. Rilee asked if the 2010 Census information could be used to help clear up issues regarding Roxbury properties with mailing addresses belonging to other municipalities being mismatched by the cable companies.  Ms. DeCroce explained that the census information is highly confidential and it is illegal to utilize or copy it for any purpose.  The Township will get numbers back as a result of the census, but no names or addresses.  Ms. DeCroce further explained that the issue regarding cable credits being given to the incorrect municipality was a separate issue involving block and lot numbers and has since been straightened out by the Tax Assessor.

 

Ms. DeCroce reported that the 2010 JIF budget is expected to increase by approximately 5.76%.  The HIF budget should be available within the next few weeks.

 

Mayor DeFillippo asked when the next Water and Sewer Committee is scheduled to meet.  Mr. Raths will have his assistant confirm the correct date and time with Council members.

Mayor DeFillippo stated that the Roxbury High School football team is doing exceptionally well and they are going to the playoffs.

 

Mayor DeFillippo discussed a letter that we received from a Hoboken councilwoman who is spearheading a grass roots campaign regarding a bill in the Senate that would exempt NJ Transit property from local zoning laws.  Mr. Bucco stated that he does not know whether or not this issue would be considered during a lame duck session, but suggested that the Council send a letter to the Senator expressing Roxbury?s strong objection to this proposed legislation.  It was decided to have a resolution drawn up for the next meeting opposing SB 2972.

 

Mayor DeFillippo stated that she would be unable to attend the United Jewish Communities of MetroWest?s Super Sunday event scheduled for December 6, 2009, and asked Ms. DeCroce to send an email to Council members asking if anyone else would be available to attend instead.

 

(Note:  8:10PM Mr. Zoschak arrived at this time)

 

Mayor DeFillippo stated that she would like to be appointed as the liaison to the Morris County Freight Railroad Advisory Committee with Mr. Behrens as the alternate.  Ms. DeCroce will make sure that we are permitted to appoint an alternate voting member.

 

Deputy Mayor Rilee made a motion to appoint Mayor DeFillippo as the liaison to the Morris County Freight Railroad Advisory Committee with Mr. Behrens as the alternate.  Mr. Hall seconded the motion

 

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

                        Mr. Behrens ? Yes                   Mr. Schmidt ? Yes

                        Mr. Smith ? Yes                       Mr. Zoschak ? Yes

                        Mayor DeFillippo ? Yes

 

Motion carried 7 to 0.

 

Mayor DeFillippo stated that someone has apparently dumped old wood shelving along the hiking trails in Ledgewood Park.  Mr. Raths stated that he would have it taken care of.

 

Mayor DeFillippo also stated that, upon entering the parking lot of the park, there is an old motor home that did not appear to have a license plate.  Mr. Schmidt stated that it has been there for years and belongs to the property owners.  Mr. Raths stated that he would have someone look into it further.

 

Mayor DeFillippo asked about the status on the trailer that was parked at Perfetti Park.  Mr. Raths stated the police had been dispatched and believes that it has been removed.

 

Mr. Zoschak stated that draw down problems were discussed at tonight?s Lake Hopatcong Commission meeting.  He reported that the lake water was being discharged faster than it should have been and that the problem has been corrected.

 

Mr. Zoschak reported that the Lake Hopatcong Commission has not yet take any action regarding a resolution requiring boat fees because there is no way to dedicate funds from the Commission and keep them in a local account.  At this time, if the Commission were to charge and collect fees, the money would have to go into a general fund, which is not an idea that the Commission would support.

Mr. Zoschak attended the Community Development Revenue Sharing Advisory Committee meeting on Thursday night.  He stated that the Committee?s 2008 report was distributed in to Council members via Friday?s Communication packet.  Mr. Zoschak stated that the bylaws were updated to identify the Committee?s advisory function.  He also reported that the County is having counsel review ethics as it pertains to the current format of the meetings and members that may have a conflict of interest.  Deputy Mayor Rilee stated that the Open Space Committee addresses such situations by simply voting on applications separately so that members are able to abstain from specific issues that present a conflict of interest.

 

Mr. Zoschak asked if Kenvil Car Wash rents campers.  Mr. Raths stated that they have done so for several years.

 

Mr. Zoschak reported that Roxbury Republican Club?s president, Barbara Kinback, has been hospitalized.

 

A.  New Business

 

B.  Old Business

1.  Procurement Policy ? no discussion

 

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

A.  2010 Goals and Objectives Draft ? previously discussed

 

B.  Proclamation-Pancreatic Cancer Awareness Month ? previously presented

 

DRAFT ORDINANCES FOR DISCUSSION

None

 

INTRODUCTION OF PROPOSED ORDINANCES

None

 

HEARING AND ADOPTION OF ORDINANCES ON SECOND READING

26-09               BOND ORDINANCE TO AUTHORIZE THE INSTALLATION OF A SYNTHETIC TURF ATHLETIC FIELD AT ROXBURY HIGH SCHOOL FOR JOINT USE WITH THE ROXBURY BOARD OF EDUCATION IN, BY AND FOR THE TOWNSHIP OF ROXBURY, IN THE COUNTY OF MORRIS, STATE OF NEW JERSEY, TO APPROPRIATE THE SUM OF $800,000 TO PAY THE COST THEREOF, TO MAKE A DOWN PAYMENT, TO AUTHORIZE THE ISSUANCE OF BONDS TO FINANCE SUCH APPROPRIATION AND TO PROVIDE FOR THE ISSUANCE OF BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE OF SUCH BONDS.

Mr. Zoschak expressed his appreciation for the efforts put forth by Mr. Hall and for the job coming in at a cost less than what was expected.

 

Mr. Hall made a motion to open Ordinance 26-09 to the public.  Mr. Smith seconded the motion.

 

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

Mr. Behrens - Yes                    Deputy Mayor Rilee ? Yes

Mr. Schmidt ? Yes                   Mr. Zoschak ? Yes

Mayor DeFillippo ? Yes

 

Motion Carried 7 to 0.

 

No public comment

 

Mr. Hall made a motion to close Ordinance 26-09 to the public.  Mr. Schmidt seconded the motion.

 

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

Mr. Behrens - Yes                    Deputy Mayor Rilee ? Yes

Mr. Smith ? Yes                       Mr. Zoschak ? Yes

Mayor DeFillippo ? Yes

 

 Motion Carried 7 to 0.

Mr. Hall made a motion to adopt Ordinance 26-09.  Mr. Smith seconded the motion.

 

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

Mr. Behrens - Yes                    Deputy Mayor Rilee ? Yes

Mr. Schmidt ? Yes                   Mr. Zoschak ? Yes

Mayor DeFillippo ? Yes

 

Motion Carried 7 to 0.

 

DRAFT RESOLUTION FOR DISCUSSION

None

 

INTRODUCTION AND ADOPTION OF RESOLUTIONS

09-361             A RESOLUTION INCORPORATING BY REFERENCE HEREIN AND APPROVING THE FOLLOWING NUMBERED RESOLUTIONS LISTED ON THE REGULAR COUNCIL MEETING AGENDA FOR THIS DATE:  09-362, 09-363, 09-364,

09-365, 09-366, 09-367, 09-368, 09-371, 09-372, 09-373, 09-374

 

Deputy Mayor Rilee made a motion to adopt Resolution 09-361.  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.

 

09-362             A RESOLUTION AUTHORIZING THE ENDORSEMENT OF A TREATMENT WORKS APPROVAL PERMIT APPLICATION FOR THE TOWER HILL ESTATES DEVELOPMENT BY TOWER HILL ASSOCIATES, LLC LOCATED AT 12 SOUTH HILLSIDE AVENUE, SUCCASUNNA, BLOCK 3602, LOT 9

 

09-363             A RESOLUTION AUTHORIZING A SANITARY SEWER ALLOCATION TO JOVAN SKEPAROSKI FOR THE PROPERTY LOCATED AT 465 ROUTE 46, KENVIL, BLOCK 2613, LOT 9.01

           

09-364             A RESOLUTION AUTHORIZING THE REFUND OF UNUSED ENGINEERING INSPECTION FEES TO MARK INVESTMENTS, INC. FOR A PROJECT KNOWN AS WALGREEN?S PHARMACY 1131 ROUTE 46 ? LEDGEWOOD BLOCK 6601, LOTS 27-31

 

09-365             A RESOLUTION AUTHORIZING THE RELEASE OF A PERFORMANCE GUARANTEE POSTED FOR RIGHT-OF-WAY EXCAVATION PERMIT NO. JUN2797 MOUNTAIN ROAD & ROUTE 206

 

09-366             A RESOLUTION AUTHORIZING THE REFUND OF UNUSED ENGINEERING INSPECTION FEES POSTED WITH THE TOWNSHIP IN CONNECTION WITH WORK PERFORMED IN ACCORDANCE WITH VARIOUS PROJECTS

09-367             A RESOLUTION REJECTING THE BIDS FOR THE PURCHASE AND REPLACEMENT OF THREE (3) ROTARY LOBE SLUDGE PUMPS AT THE AJAX TERRACE WASTEWATER TREATMENT PLANT

Mayor DeFillippo asked if we were still going to purchase the pumps at this time.  Mr. Raths stated that we are rejecting and will go back out to bid with the Township performing the installation.

 

09-368             A RESOLUTION AUTHORIZING THE ADDITIONAL REDUCTION OF THE PERFORMANCE GUARANTEE FOR THE DEVELOPMENT KNOWN AS PONDSIDE MANOR FOR SITE IMPROVEMENTS (A.K.A. RENAISSANCE VILLAGE AND WILLOW WALKII) BLOCK 6201, LOT 5

Mr. Hall asked what is still outstanding with the 12 year-old project so that the bond can be closed out.  Mr. Raths will find out the status from the Engineering Department and report back to Council.

 

09-369             PULLED - A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR FUNDING OF MUNICIPALLY SPONSORED AFFORDABLE HOUSING BETWEEN THE TOWNSHIP OF ROXBURY AND MORRIS HABITAT FOR HUMANITY

 

09-370             PULLED - A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR FUNDING OF MUNICIPALLY SPONSORED AFFORDABLE HOUSING BETWEEN THE TOWNSHIP OF ROXBURY AND 133 LANDING ROAD, INC.

Deputy Mayor Rilee stated that we already reached our COAH obligation and expressed concern about a precedent being set by approving individual projects.  He also stated that a comprehensive analysis should be conducted regarding the use of COAH funds and the amount of funding that will be needed in the future.  Mr. Raths will provide a few different possible scenarios for the Council to contemplate.  Mr. Bucco stated that he did not think that a precedent would be set if these resolutions were to be approved.  He further stated that there is some language in the agreements that might need to be amended.

 

09-371             A RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT TO LANDTEK GROUP, INC. FOR ROXBURY HIGH SCHOOL ATHLETIC FIELD IMPROVEMENTS

 

09-372             A RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT TO DENVILLE LINE PAINTING, INC. FOR LINE PAINTING VARIOUS TOWNSHIP ROADS

 

09-373             A RESOLUTION AMENDING THE MEMBERSHIP OF THE TOWNSHIP FIRE DEPARTMENT

 

09-374             A RESOLUTION AUTHORIZING THE PAYMENT OF BILLS

 

PERSONNEL CHANGES

Memo dated November 6, 2009 from Judy Riley

 

COMMUNICATIONS

October 30, 2009

#2  Legal Notice from Borough of Wharton, re: Planning Board Hearing on Proposed Redevelopment Area

Deputy Mayor Rilee asked for a copy of the plan for Wharton?s proposed redevelopment area.  Mr. Raths will make a copy for Deputy Mayor Rilee.

 

#8  Resolution from the Township of Montville in support of P.L. 2009, C.118, creating a pilot program in Gloucester County for the County to take over the tax assessment and valuation duties performed by Municipal Tax Assessors

Deputy Mayor Rilee stated that he supports the idea of municipal Tax Assessor duties being changed to a County run department.  Mr. Smith stated that, as an alternative, there are several towns that are interested in regionalizing tax assessment and collection duties as a shared service.  Council members agreed to have a resolution prepared expressing Roxbury?s support for the County to take over these duties.

 

#11  Invitation from Morris County Board of Chosen Freeholders, re: Presentation of Morris County Distinguished Military Service Medals to the Veterans of the Roxbury Township Police Department, October 9, 2009

Mr. Zoschak stated that the date as shown should be December 9, 2009, as opposed to October 9, 2009.  The corrected date will be noted in the Communications on file in the Clerk?s office.

 

November 6, 2009

#1,Item M:  Morristown and Erie Railroad/Horseshoe Lake Improvements

Mayor DeFillippo asked Mr. Raths about the status of the Morristown and Erie Railroad improvements.  Mr. Raths stated that he has no information to report at this time.

 

#11  Correspondence from the National Civic League, re:  information regarding the application process for the 2010 All-America City Award (deadline for submission:  March 15, 2010)

Mayor DeFillippo asked if the Roxbury Performing Arts Center would fall into a category for the above award.  Mr. Raths stated that the above is awarded based on an entire community as opposed to a segment.  Due to the expense associated with the application process, Council members have not expressed an interest in applying in past years.

 

Other:

Mr. Zoschak stated that, although not in Communications, a recent newspaper article reported that the Shippenport Road Canal Project received County funding.  Mr. Raths stated that the Township has not yet received notification to that effect.

 

PUBLIC PORTION

Robert Kluska

274 Emmans Road, Flanders

Mr. Kluska stated that he would like to see an annual report on the turf field regarding the costs and revenue.  To clarify a comment made by Mr. Kluska, Mr. Raths explained that the Township will not be charging or collecting a fee to use the turf field, but that an eight-dollar ?capital recreation charge? has been added to the application fee for all programs, which goes into the capital trust, from which a portion will be allotted for turf field expenses.  Mr. Raths stated that the next capital budget would show the specifics regarding the bond and the payment from the Board of Education.

 

EXECUTIVE SESSION

09-375             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 8:55 PM, Mr. Smith made a motion to adopt Resolution 09-375 for Executive Session.  Mr. Zoschak seconded the motion.

 

Roll Call:          All in Favor ? Yes

 

Motion carried 7 to 0.

 

At 9:55 PM, the Council exited Executive Session and returned to Open Session.

 

ADJOURNMENT

At 9:55 PM, Mr. Zoschak made a motion to adjourn the meeting.  Mr. Smith seconded the motion.

 

Roll Call:          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

                                    Mr. Behrens ? yes        Mr. Hall ? yes

                                    Mr. Rilee ? yes Mr. Schmidt ? yes

                                    Mayor DeFillippo - yes