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December 15, 2009

 

A Regular Meeting of the Township Council of the Township of Roxbury was held on December 15, 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,

Timothy Smith, Richard Zoschak and Deputy Mayor Jim Rilee

 

Mayor DeFillippo arrived at 7:35PM

 

Councilman Smith left the meeting at 7:45PM and returned at 8:25PM

 

ALSO PRESENT:  Christopher Raths, Township Manager; Anthony Bucco, Esq., Township Attorney and Janet Rieth, Deputy Township Clerk

 

ABSENT:  Councilman Martin Schmidt

 

Deputy Mayor Rilee presided over the meeting until the arrival of Mayor DeFillippo at 7:35PM.

 

APPROVAL OF MINUTES

Minutes for Approval

November 24, 2009, Regular

 

Mr. Zoschak made a motion to approve the regular meeting minutes as listed above.  Mr. Behrens seconded the motion.

 

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

                        Mr. Hall ? Yes                         Mr. Smith ? Yes

Deputy Mayor Rilee ? abstain

 

Motion carried 4 to 0, with one abstention.

 

Executive Minutes to Be Released to the Public

None

 

PUBLIC PORTION

No Discussion

 

Deputy Mayor Rilee amended the order of the agenda to address the following items under ?MATTERS REQUESTED/REFERRED BY COUNCIL MEMBERS, MANAGER, ATTORNEY OR CLERK?

A.  Roxbury High School 2009 State Football Champs

Roxbury High School Principal, Mr. Swanson, and the members of the Council were expecting the football team to be present, but they were not.  Mr. Swanson apologized for their absence and stated that there must have been a miscommunication.  Deputy Mayor Rilee suggested that the recognition of the award be postponed until one of the January meetings.

 

Mayor DeFillippo arrived at 7:35PM and presided over the meeting.

B.  Imagination Station Presentation

Mr. Hall stated that a steering committee had been formed and kicked off with an informational booth during the recent ?Olde Suckasunny Day? event.  He further explained that ?Design Day? was an effort by committee members to solicit student suggestions.  Mr. Hall stated that a company by the name of ?Leathers & Associates? has been hired to design the playground and incorporate many of the children?s recommendations.

 

Committee members Lisa Falco, Michele Clark, Sandie DiDomenico, Ed Hade and Dave Stierli introduced themselves.  Ms. DiDomenico reviewed the main components of the design, which include a pirate ship, a rocket with a tower, ?tot lot? for children up to five years old, and a sensory area for children with special needs.  Ms. DiDomenico also reported on details of the various fundraising efforts.

 

Mr. Hall stated that there are approximately three hundred volunteers already lined up to assist in the construction of the new playground, which is scheduled to begin in the spring.  Mr. Hall encouraged everyone to get involved and gave the website address where more information could be obtained:  www.imaginationstationplayground.com

 

Councilman Smith left the meeting at 7:45PM

 

C.  Presentation of Field of Dreams Donation

Mr. Raths stated that, due to a scheduling conflict, this will be postponed until the January meeting.

 

D.  2010 Capital Budget Presentation

Mr. Raths and Lisa Spring, Chief Financial Officer, presented the capital program initiatives for items with a life expectancy of five years or more and have a cost of $5,000 or more, which include:

Ø      continued reinvestment of capital

Ø      addressing handicap accessibility at Town Hall

Ø      incorporating the recommendations resulting from the energy audit

Ø      investing $900,000 in roadway resurfacing and improvements

Ø      investing $100,000 in drainage improvements

Ø      investing $350,000 park improvements

Ø      enhancing the Township?s fire safety and EMS programs

Ø      transferring and purchasing of vehicles within various departments

 

Mr. Hall advised that the estimated cost for the Franklin grass field project came in higher than originally anticipated.  He stated that the Council might want to consider reallocating those funds to Horseshoe Lake fields and abandoning the Franklin field project idea.

 

Mr. Raths discussed the implementation of Recreation Trust Fund (the surcharge on recreation fees) and the various projects that will be funded with no additional taxation.  Mr. Raths stated that since the DPW facility project came in under budget, $400,000 will be reallocated to help pay for Fire Company No.1?s new fire truck.  Mr. Raths detailed the capital budget debt issuance, grants, the Township?s vehicle replacement plan, implementation of an ambulance fleet, and shared services ideas.

 

E.  One-Day Liquor License Application - Rory O?Moore Pipes & Drums - add on

Mr. Zoschak made a motion to approve the application for a special permit for a social affair as listed above.  Deputy Mayor Rilee seconded the motion.

 

 

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

                        Mr. Behrens ? Yes                   Mr. Hall ? Yes

Mayor DeFillippo ? Yes

 

Motion carried 5 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 asked for the pipe to be drilled out on Logan Drive and Wills Road.

Mr. Zoschak stated that the recent ceremony held by the Morris County Freeholders honoring several Roxbury police officers, as well as Roxbury Municipal Judge Carl Wronko and his wife, with Distinguished Military Service awards, was a wonderful event.

 

Deputy Mayor Rilee asked Mr. Raths about a New Jersey Transit notice.  Mr. Raths stated that he reviewed it with Mr. Stern. 

 

Deputy Mayor Rilee reported that he attended a Fire Chiefs meeting last night and that a committee has been formed to come up with a common ambulance that can be shared among the different fire companies.

 

Mr. Hall stated that the main topic of both the Recreation Committee meeting and the Shared Services meeting was the cost to install grass fields behind Franklin School coming in higher than expected.  Both committees are investigating other ways to finance the installation of more fields.

 

Mr. Hall complimented Mr. Stierli, as well as TD Bank, for doing a great job with the recent tree lighting ceremony.

 

Mr. Hall complimented Mayor DeFillippo for her poise and character in handling several difficult situations during her term as Mayor during this past year. 

 

Mr. Behrens stated that it appears that the bricks are finally being removed from along the railway on Berkshire Valley Road, as he has observed several tractor-trailer loads of bricks being loaded and transported away.

 

Mr. Behrens stated that he attended a recent Board of Education meeting and reported on the following:

Ø      the Board is investigating refinancing twenty million dollars worth of bonds with the expectation of saving $400,000 in interest

Ø      the Board is considering establishing a licensing program where they would charge a fee for any sports equipment and/or apparel that has a Roxbury Township school logo on it

Ø      a committee of the Board of Education has decided not to pursue an initiative to audio tape their Board meetings

Ø      the Board is considering using the Township?s truck wash bay that will be part of the new Department of Public Works facility

Ø      the next meeting will take place at the high school and both the band and football team will be honored by the Board of Education for their recent accomplishments

 

Mr. Raths informed Council members that he will appoint an Acting Manager for next week, as he will be on vacation.

 

Mayor DeFillippo commended the staff for their efforts in successfully submitting the Highlands Module 1.

 

Mayor DeFillippo stated that she attended the Water and Sewer Committee meeting.  The next meeting will take place on December 18, 2009.  Mayor DeFillippo reported that the amount of revenue generated by the Water Department is less than had been anticipated; therefore, no new projects are being considered at this time.

 

Mayor DeFillippo stated that the Economic Development Committee is scheduled to meet tomorrow night.

Mayor DeFillippo stated that tree lighting ceremony was well done.  She thanked TD Bank and all the residents who were in attendance to support the tree lighting.

 

Mayor DeFillippo announced that there will be a menorah lighting tomorrow night at 6:00PM at the Roxbury Mall.

 

Mayor DeFillippo stated that, although the Board of Education did not communicate it to the Council, the ground breaking ceremony for the turf field that was expected to take place tomorrow night, will need to be rescheduled.  She saw an advertisement in the newspaper about the Board hosting a different event tomorrow night.

 

Mayor DeFillippo reported that the state has decided to postpone aide payments to municipalities and that Roxbury has frozen spending for all nonessential items.

 

Mayor DeFillippo stated that she attended the Rotary Club?s holiday luncheon on Friday and the high school?s Classic Sounds Choir performed.  The Classic Sounds Choir was recently selected as the number one choice out of over one thousand entries to perform at a national composer?s event in February.

 

Mayor DeFillippo reported that the Roxbury Arts Alliance will be hosting ?Beatlemania, Again? on January 15th at the Roxbury High School.  Proceeds will be donated to the choir to help fund their trip to the above-mentioned event.

 

A.  New Business

 

B.  Old Business                                                                                

1.  Procurement Policy ? no discussion

 

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

A.  Roxbury High School 2009 State Football Champs ? previously addressed

 

B.  Imagination Station Presentation ? previously addressed

 

C.  Presentation of Field of Dreams Donation ? previously addressed

 

D.  2010 Capital Budget Presentation ? previously addressed

 

 

DRAFT ORDINANCES FOR DISCUSSION

None

 

INTRODUCTION OF PROPOSED ORDINANCES

None

 

Mayor DeFillippo amended the order of the agenda to address:

 

INTRODUCTION AND ADOPTION OF RESOLUTIONS

09-392             A RESOLUTION INCORPORATING BY REFERENCE HEREIN AND APPROVING THE FOLLOWING NUMBERED RESOLUTIONS LISTED ON THE REGULAR COUNCIL MEETING AGENDA FOR THIS DATE: 09-393, 09-394, 09-395,

09-396, 09-397, 09-398, 09-399, 09-400, 09-401, 09-402, 09-403,     09-404, 09-405, 09-406, 09-407

 

Deputy Mayor Rilee made a motion to approve Resolution 09-392.  Mr. Hall seconded the motion.

 

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

                        Mr. Behrens ? Yes                   Mr. Zoschak ? Yes

Mayor DeFillippo ? Yes

 

Motion carried 5 to 0.

 

Mayor DeFillippo returned to the order of the agenda

 

 

 

HEARING AND ADOPTION OF ORDINANCES ON SECOND READING

25-09               ORDINANCE TO AMEND CHAPTER XIII, LAND DEVELOPMENT, ARTICLE VIII, DESIGN GUIDELINES, OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF ROXBURY, COUNTY OF MORRIS, STATE OF NEW JERSEY, BY ADDING A NEW SECTION 13-8.11, ENTITLED ?MAIN STREET

SUCCASUNNA STREETSCAPE DESIGN STANDARDS?

 

Deputy Mayor Rilee made a motion to open Ordinance 25-09 to the public.  Mr. Zoschak seconded the motion.

 

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

Mr. Behrens - Yes                    Mr. Hall ? Yes

Mayor DeFillippo ? Yes

 

Motion Carried 5 to 0.

 

Councilman Smith returned to the meeting at 8:25PM.

 

Dr. Piccolo

81-83 Main Street, Succasunna

Dr. Piccolo asked when the Main Street project was expected to begin and for clarification of the requirements for the widths of the sidewalks.  Mr. Raths clarified that this ordinance is not about the Township making improvements on Main Street; it is about putting an ordinance in place to establish a procedure that would mandate property owners to adhere to specific color and design standards for curbing, sidewalk and street lighting standards in the event a site plan and/or subdivision request is submitted for a change of use. 

 

Paul Dunham

85-87 Main Street, Succasunna

Mr. Dunham stated that the sidewalk in front of his property is in need of replacement.  He asked if he would be forced to conform to the standards of this ordinance or if he should match the current design.  Mr. Raths is going to have Mr. Kobylarz contact Mr. Dunham about the unique issues that he is having with the sidewalk and the drainage. Councilman Smith stated his opposition to passing this ordinance because there is no mechanism to ensure uniformity.

 

Miriam Morris

208A Emmans Road, Flanders

Mrs. Morris stated that, from a historical perspective, brick paving and Victorian lights are wrong for Main Street in Succasunna.  She stated that she feels that this ordinance is unfair to potential developers.  She asked the Council members to postpone the passing of this ordinance and reexamine the details of this project.

 

Robert Morris

208A Emmans Road, Flanders

Mr. Morris stated that this area is eligible for being listed on the National Register of Historic Places, which would benefit the Township by establishing a potential for federal funding.  He stated that it is his opinion that the Main Street Committee has ignored the input and recommendations of the Historic Advisory Committee and the current proposal is wrong for Main Street.

 

Sue Anderson

14 Kenvil Avenue, Succasunna

Ms. Anderson stated that she has been a member of the Main Street Streetscaping Committee since it?s inception in 2003.  She stated that the goal of the Committee is to improve the street, but fundraising efforts have not generated the amount of money needed to improve all of Main Street at once and grant applications have been unsuccessful.  Therefore, the plan addresses areas on a smaller scale.

 

 

Suzan DeGraw

74-76 Main Street, Succasunna

Ms. DeGraw stated that she opposes the passage of Ordinance No. 25-09 because the plan will not result in uniformity along Main Street.  She stated that the Township should put their efforts into fixing and paving the deteriorating road.  Deputy Mayor Rilee stated that improvement to the roadway is part of the plan and that this ordinance is just a design standard for anyone who may apply for a change of use.

 

Don Dyrness of 109 Main, LLC

109 Main Street, Succasunna

Mr. Dyrness stated that his two businesses in the area have conformed to the design standard requests; therefore, in his opinion, the Council is obligated to be consistent and approve Ordinance no.25-09 so that others comply, as well.

 

Richard Cramond

4 Bari Drive, Ledgewood

Mr. Cramond announced that he was speaking solely as a Township resident, not as a representative of any other board, committee or organization.  He stated that Main Street is eligible to be registered as a national historic site in its current state, so altering it would be contradictory to the purpose of  ?preserving and enhancing the unique historical cultural, aesthetic, and scenic character?.  He stated that enhancements, such as fixing the sidewalks would be desirable, but expressed concern that public safety was not mentioned in the ordinance.  He stated that the input from the Historic Advisory Committee has been ignored.  He also stated that the guidelines are discriminatory because it targets a specific area of the Township.  Mr. Bucco stated that municipalities are authorized to set guidelines for specific areas as part of the zoning process.  Mr. Cramond asked the Council members to reconsider what is stated and do it right.

 

Deputy Mayor Rilee made a motion to close Ordinance 25-09 to the public.  Mr. Zoschak seconded the motion.

 

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

Mr. Behrens - Yes                    Mr. Hall ? Yes

Mr. Smith ? Yes                       Mayor DeFillippo ? Yes

 

Motion Carried 6 to 0.

 

 

Closed for public comment

 

 

Mr. Hall stated that the Streetscaping Committee has worked diligently since 2003 to come up with a plan to raise funds and improve the area.  He asked whether the adoption of this ordinance could be postponed to allow the two sides to address their concerns and come to an agreement.  Deputy Mayor Rilee stated that the people objecting to the passage of this ordinance have been against it from the beginning so discussing it further would not make a difference.  Council members further expressed various individual concerns and thoughts.

 

 

Deputy Mayor Rilee made a motion to adopt Ordinance 25-09.  Mr. Behrens seconded the motion.

 

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

Mr. Hall ? Yes                         Mr. Smith ? No

Mr. Zoschak ? No                   Mayor DeFillippo ? Yes

 

Motion Carried 4 to 2.

 

DRAFT RESOLUTION FOR DISCUSSION

None

INTRODUCTION AND ADOPTION OF RESOLUTIONS

09-392             A RESOLUTION INCORPORATING BY REFERENCE HEREIN AND APPROVING THE FOLLOWING NUMBERED RESOLUTIONS LISTED ON THE REGULAR COUNCIL MEETING AGENDA FOR THIS DATE:

(Previously addressed and voted on)

 

09-393             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 TOWNSHIPRIGHT-OF-WAY EXCAVATION PERMITS

 

09-394             A RESOLUTION AUTHORIZING THE REFUND OF UNUSED ENGINEERING INSPECTION FEES IN CONNECTION WITH VARIOUS PLANNING/ZONING BOARD SITE PLAN AND SUBDIVISION APPLICATIONS

 

09-395             A RESOLUTION AUTHORIZING CHANGE ORDER NO. 1 (FINAL) TO THE CONTRACT WITH RAY PALMER ASSOCIATES, INC. FOR THE REPLACEMENT OF THE ELECTRIC CHECK VALVE AND PUMP DIRECTOR FOR THE FORD ROAD BOOSTER STATION, FORD ROAD, LANDING

 

09-396             A RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT TO HALEY & ALDRICH, INC.  FOR PROFESSIONAL ENGINEERING SERVICES FOR THE INSPECTION OF THE LEDGEWOOD POND DAM LOCATED ON BLOCK 7501\ LOT 11

Mayor DeFillippo asked if, since the formal inspection is due in 2010, there is a possibility of combining that inspection with this one.  Mr. Raths stated that we are overdue as far as our inspection obligations, but will ask the Engineering Department staff if any concessions can be made for the second inspection which will occur in a short period of time from the first.

 

09-397             A RESOLUTION AMENDING THE MEMBERSHIP OF THE TOWNSHIP FIRE DEPARTMENT

 

09-398             RESOLUTION AUTHORIZING THE PURCHASE OF ONE SWITCH-N-GO HOIST SYSTEM AND ACCESSORIES FROM TONY SANCHEZ LTD

 

09-399             A RESOLUTION APPROVING THE NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION 2010 RECREATIONAL

TRAILS PROGRAM   GRANT APPLICATION FOR THE TOWNSHIP OF ROXBURY

 

09-400             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

 

09-401             A RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT TO GARDEN STATE LABORATORIES, INC FOR PUBLIC HEALTH LABORATORY SERVICES IN 2010

Mr. Zoschak expressed disappointment that only one bid came in even though several requests were sent out for this, as well as, resolution numbers 09-402 and 09-403.

 

09-402             A RESOLUTION AUTHORIZING THE MAYOR AND TOWNSHIP CLERK TO ENTER INTO AGREEMENT WITH GOLUB ANIMAL HOSPITAL FOR CAT IMPOUND SERVICES, CY 2010

(see comment under resolution 09-401)

 

09-403             A RESOLUTION AUTHORIZING THE MAYOR AND TOWNSHIP CLERK TO ENTER INTO AGREEMENT WITH GOLUB ANIMAL HOSPITAL FOR DOG IMPOUND SERVICES, CY 2010

(see comment under resolution 09-401)

 

09-404             A RESOLUTION AUTHORIZING THE INSERTION OF AN ITEM OF REVENUE IN THE 2009 BUDGET FOR ADDITIONAL FUNDING FOR LOCAL PUBLIC HEALTH EMERGENCY RESPONSE TO H1N1

 

09-405             A RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS

 

09-406             A RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF ROXBURY, COUNTY OF MORRIS, NEW JERSEY TO ESTABLISH A SCHEDULE OF REGULAR MEETINGS OF THE TOWNSHIP COUNCIL DURING THE CALENDAR YEAR 2010

 

09-407             A RESOLUTION AUTHORIZING THE PAYMENT OF BILLS

 

PERSONNEL CHANGES

None

 

COMMUNICATIONS

December 4, 2009

#2  Correspondence from John Malay, Executive Director, Raritan Highlands Compact, dated November 20, 2009, re:  information on efforts to continue to serve member towns

Mr. Zoschak stated that he does not think the Township should get involved with the many watershed groups because their efforts are duplicated and cause redundancy.  Mr. Raths stated that Roxbury is not a member of the Raritan Highlands Compact.

 

December 11, 2009

#1, Item S ? Nutrition Site

Mayor DeFillippo asked for more information on the group that sent in a proposal to lease the site on Berkshire Valley Road.  Mr. Raths responded.

 

#3  Correspondence from BettyLou DeCroce, Township Clerk, HIF Commissioner, to Mayor and Council, dated December 4, 2009, re:  North Jersey Health Insurance Fund 2010 Assessment

Deputy Mayor Rilee asked why there seems to be such a large difference between the Assessment Comparisons of Roxbury and Randolph.  Mrs. Rieth stated that she would ask the Township Clerk, Mrs. DeCroce to clarify reasons for the differences and provide Council with a response.

 

PUBLIC PORTION

Robert Kluska

274 Emmans Road, Flanders

Mr. Kluska asked when the Township calendars would be mailed.  Mrs. Rieth

responded that they would be mailed by the end of the year.

 

EXECUTIVE SESSION

09-408             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 approve Resolution 09-408 for Executive Session.  Mr. Schmidt seconded the motion.

 

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

Mr. Behrens - Yes                    Mr. Hall ? Yes

Deputy Mayor Rilee ? Yes       Mayor DeFillippo ? Yes

 

Motion Carried 6 to 0.

 

At 10:05 PM, the Council exited Executive Session and returned to Open Session.

 

ADJOURNMENT

At 10:05 PM, Mr. Smith made a motion to adjourn the meeting.  Mr. Zoschak seconded the motion.

 

All In Favor ? Yes

 

Motion carried 6 to 0.

 

Submitted By:

 

 

___________________________________

BettyLou DeCroce

Township Clerk

MINUTES APPROVED BY COUNCIL

DATE:                        January 26, 2010

ROLL CALL:            Mr. Schmidt -  yes        Mr. Smith ? yes

                                    Mr. Behrens ? yes        Mrs. DeFillippo ? yes

                                    Deputy Mayor Hall ? yes          Mayor Rilee - yes