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February 19, 2008

 

A Regular/Budget Meeting was held by the Township Council of the Township of Roxbury on February 19, 2008 at 1715 Route 46, Ledgewood, New Jersey at 7:00 p.m.

 

OPEN PUBLIC MEETING STATEMENT

Notice is hereby given that the Regular Meeting of February 12, 2008 was canceled due to weather conditions and will be combined with the Budget Meeting of February 19, 2008.  This meeting of the Township Council of the Township of Roxbury, originally scheduled for 7:30 PM will begin at 7:00 PM at 1715 Route 46, Ledgewood, New Jersey. 

 

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 February 14, 2008; notice was posted on the bulletin board in the main hallway of the Municipal Building on February 14, 2008.

 

ROLL CALL:  (Present) Councilman Gary Behrens, Councilman Fred Hall, Jim Rilee  and Mayor Tim Smith

 

ALSO PRESENT:  Christopher Raths, Township Manager; Anthony Bucco, Township Attorney; Janet Rieth, Deputy Clerk and Mary Jane Parr, Administrative Aide

 

ABSENT:       Councilman Martin Schmidt

Councilman Richard Zoschak – On Vacation

 

Councilwoman Kathy DeFillippo arrived at 7:25 PM

 

APPROVAL OF MINUTES

July 24, 2007 Workshop

July 24, 2007 Executive

August 14, 2007 Regular

October 23, 2007 Executive

November 27, 2007 Workshop

December 18, 2007 Executive

 

The Minutes will be approved later in the meeting.

 

PUBLIC PORTION

There was no public comment.

 

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

Mr. Hall advised that a shared services meeting was held recently.

 

Mr. Hall advised that the COAH Committee met recently regarding the new affordable housing obligations.  Mr. Banisch has been hired as a consultant and the Township will be forwarding objections to State regarding the new rules.

 

Mr. Rilee stated that both COAH and Highlands are very time sensitive issues and Mr. Stern, Township Planner and Mr. Banisch will be sending Council information as soon as possible.

 

Mayor Smith provided Mr. Raths with information he received regarding the McFlower Town Award. 

 

New Business:

      A.  None

Old Business:

A.  Procurement Policy

 

 

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

Budget Discussion

Mr. Raths advised that the current Capital Budget is $1.4 million in total debt.

 

Information Technology

Councilman Hall questioned if this includes software for OPRA.  Mr. Raths will check with Mr. Kuncken.

 

Tax Collection

Mr. Raths will provide Council with a separate quote on the folding machine.  Council will discuss this at a future date.

 

Engineering

Mayor Smith asked if the Township could repave Righter Road this year and Parkview Drive next year, since there is more traffic on Righter Road.  Mr. Hall asked when the Dellamo tract will be built and if this would impact the repaving of Righter Road. Mr. Raths will look into this.

 

Fire Prevention

Council discussed the Penbased laptops for the vehicles and agreed to purchase one this year.

 

Mrs. DeFillippo arrived at 7:25.

 

Fire & First Aid

Mr. Raths advised that Company No. 3 is requesting $200,000 for the refurbishing of  Tanker 302 and Company No. 1 is requesting a new Hurst extrication tool to replace an older model.  Mrs. DeFillippo asked what the difference is between the old unit and the new one.  Chief Begraft stated that the newer one will be lighter, easier for personnel to use and has more torque.  The old unit is 20 years old.  Council agreed to the purchase of the new extrication tool and will discuss Company No. 3 at a future date.

 

Construction Code

Mr. Raths stated that there is a need for a vehicle in the Construction Department. They are requesting a 4-wheel drive vehicle, which would be a replacement for the 1993 Ford pick up truck. Mr. Raths stated that the Township could lease a vehicle, but if it is to be bonded it would have to be a 4-wheel drive vehicle.  Council agreed to lease a sedan out of the Operating Budget unless it is necessary for the Department to have a 4-wheel drive vehicle.

 

Road Department

Mr. Raths advised that the Township has identified a “top 50” list of roads to be repaired, which  includes milling and paving.  Pleasant Hill Road, Cayuga, Michelle Terrace, Parkview Drive, Emmans Road and Nyma Way will be paved this year. 

 

$100,000 is being requested for the catch basin maintenance program.

 

Regarding the request for a dump truck, Mr. Blood advised that the current truck is a 1996.  The front axle is British and it is impossible to acquire parts for the vehicle.  $9,000 was spent in 2007 for repairs to this truck.

 

Mr. Raths advised that Council will need to hold another Budget Meeting.  Council agreed to meet on Saturday, March 1st at 9:00 AM.

 

Mr. Raths advised that the roof at Town Hall needs to be replaced.  Council authorized Mr. Raths to move forward at a cost of $65,000.

 

 DRAFT ORDINANCES FOR DISCUSSION

 NONE

 

INTRODUCTION OF PROPOSED ORDINANCES

01-08 ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION

LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A.. 40A:4-45.14)

           

Mr. Rilee made a motion to introduce Ordinance 01-08.  Mr. Hall seconded the motion.

 

Roll Call:

Mr. Rilee -  yes            Mr. Hall – yes

Mr. Behrens – yes        Mrs. DeFillippo – yes

Mayor Smith – yes

 

Motion carried 5 – 0

 

02-08    AN ORDINANCE AMENDING CHAPTER II, ADMINISTRATIVE CODE,

SECTION 2-8.6, DIVISION OF TAX ASSESSMENTS, AND REPEALING SECTION 2-8.7, BOARD OF ASSESSMENTS FOR LOCAL IMPROVEMENTS, OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF ROXBURY

 

Mr. Rilee made a motion to introduce Ordinance 02-08.  Mr. Hall seconded the motion.

 

Roll Call:

Mr. Rilee – yes Mr. Hall – yes

Mr. Behrens – yes        Mrs. DeFillippo – yes

Mayor Smith  - yes

 

Motion carried 5 - 0

 

HEARING AND ADOPTION OF ORDINANCES ON SECOND READING

NONE

 

INTRODUCTION AND ADOPTION OF RESOLUTIONS

08-58    A RESOLUTION INCORPORATING BY REFERENCE HEREIN AND

APPROVING THE FOLLOWING NUMBERED RESOLUTIONS LISTED ON THE REGULAR COUNCIL MEETING AGENDA FOR THIS DATE: 08-18, 08-19, 08-59, 08-60, 08-61, 08-62, 08-64, 08-65, 08-66, 08-67, 08-68, 08-69, 08-70, 08-71, 08-72

 

Mr. Rilee made a motion to adopt Resolution 08-58.  Mr. Hall seconded the motion.

 

Roll Call:

Mr. Rilee – yes Mr. Hall –yes

Mr. Behrens – yes        Mrs. DeFillippo – yes

Mayor Smith – yes

 

Motion carried 5 - 0

08-18    A RESOLUTION AUTHORIZING THE MAYOR AND TOWNSHIP CLERK

TO ENTER INTO  AN AGREEMENT WITH GOLUB ANIMAL HOSPITAL FOR CAT IMPOUND SERVICES FOR 2008                

 

08-19    A RESOLUTION AUTHORIZING THE MAYOR AND TOWNSHIP CLERK

TO ENTER INTO AN AGREEMENT WITH GOLUB ANIMAL HOSPITAL FOR DOG IMPOUND SERVICES FOR 2008

 

Council discussed the fact that there is only one bidder for dogs and cats and the possibility of contacting the County for the establishment of a regional facility.

 

08-59    A RESOLUTION AUTHORIZING THE RELEASE OF A PERFORMANCE

GUARANTEE POSTED FOR RIGHT-OF-WAY EXCAVATION PERMIT NO. NOV0106 11 CONSTITUTION AVENUE, SUCCASUNNA BLOCK 701, LOT 44

 

08-60    A RESOLUTION AUTHORIZING THE REFUND OF UNUSED

ENGINEERING INSPECTION ESCROW TO DAVID MUSTACHIO IN CONNECTION WITH MINOR SOIL PERMIT NO. 0103107 10 BRENT PLACE, SUCCASUNNA BLOCK 1302, LOT 42

 

08-61    A RESOLUTION AUTHORIZING THE REFUND OF UNUSED

ENGINEERING INSPECTION ESCROW TO MOUNTAIN LANDSCAPE CONTRACTORS, INC. IN CONNECTION WITH MINOR SOIL PERMIT NO. 110807 3 CLIFF COURT, SUCCASUNNA BLOCK 5203, LOT 37

 

08-62    A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT

BETWEEN THE TOWNSHIP OF ROXBURY AND THE COUNTY OF MORRIS FOR THE REIMBURSEMENT OF COSTS ASSOCIATED WITH SIGNAL UPGRADES AND GEOMETRIC CHANGES TO THE INTERSECTION OF HILLSIDE AVENUE AND RIGHTER ROAD

 

08-63    - A RESOLUTION APPROVING CHANGE ORDER NO. 1 TO THE

CONTRACT WITH SCHENLEY CONSTRUCTION, INC. FOR THE DRAINAGE AND ROAD IMPROVEMENTS TO EYLAND AVENUE PHASE V PROJECT – Hold until after Executive Session

 

08-64    A RESOLUTION AUTHORIZING THE RELEASE OF CASH BOND N0. 2005-

23 COVERING THE ROAD IMPROVEMENTS ASSOCIATED WITH THE ROBERT KOCOSKI SUBDIVISION LOCATED ON 5 DE HART STREET(BLOCK 2604, LOTS 1&2)

 

08-65    A RESOLUTION AUTHORIZING THE RELEASE OF CASH BOND #04-432

IN CONNECTION WITH A MAJOR SOIL RELOCATION/RESTORATION  FOR COMMERCE BANK, BLOCK  5201 LOT 4,5,10,11

 

08-66    A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A

MAINTENANCE BOND AND SUBSEQUENT RELEASE OF CASH PERFORMANCE BOND NO. 06-302 POSTED BY MPG PROPERTIES FOR THE REPLACEMENT OF TREES AT THE PROPERTY KNOW AS BLOCK 9001, LOT 9

 

08-67    RESOLUTION AUTHORIZING 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

 

08-68    A RESOLUTION REJECTING THE SOLE BID RECEIVED FOR A VACUUM

STREET SWEEPER

 

08-69    A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A SHARE

GRANT FOR THE PREPARATION OF A FEASIBILITY STUDY FOR THE MAINTENANCE OF FIELDS AND GROUNDS THROUGH A SHARED SERVICE AGREEMENT BETWEEN ROXBURY TOWNSHIP AND THE ROXBURY BOARD OF EDUCATION

 

08-70    A RESOLUTION AMENDING THE MEMBERSHIP OF THE TOWNSHIP

FIRE DEPARTMENT

 

08-71    A RESOLUTION AUTHORIZING THE REFUND OF TAXES

 

08-72    A RESOLUTION AUTHORIZING THE PAYMENT OF BILLS

 

Mr. Hall made a motion for a letter to be sent to the County in regards to the creation of a  centralized facility for dogs and cats.  Mrs. DeFillippo seconded the motion.

 

Roll Call:

Mr. Hall – yes              Mrs. DeFillippo – yes

Mr. Behrens – yes        Mr. Rilee – yes

Mayor Smith – yes

 

Motion carried 5 - 0

 

Mayor Smith Amended the Agenda to The Approval of Minutes

 

APPROVAL OF MINUTES

July 24, 2007 Workshop

July 24, 2007 Executive

August 14, 2007 Regular

October 23, 2007 Executive

November 27, 2007 Workshop

December 11, 2007 Executive

 

Mr. Rilee made a motion to approve the Minutes of July 24, 2007 Workshop and Executive, August 14, 2007 Regular Meeting and November 27, 2007 Workshop Meeting. Mrs. DeFillippo seconded the motion.

 

Roll Call:

Mr. Rilee – yes Mrs. DeFillippo – yes

Mr. Behrens – abstain   Mr. Hall – yes (abstain on July 24th)

Mayor Smith – yes

 

Motion carried 4 – 0 with one abstention on all Minutes and one abstention on July 24th

 

Mr. Hall made a motion to approve the Minutes of October 23, 2007 Executive Session and December 11, 2007 Executive Session.  Mrs. DeFillippo seconded the motion.

 

Roll Call:

Mr. Hall  - yes              Mrs. DeFillippo – yes

Mr. Behrens – abstain   Mr. Rilee – abstain

Mayor Smith – yes

 

Motion carried 3 – 0 with two abstentions

 

PERSONNEL CHANGES

Memo from Judy Riley dated February 6, 2008

 

COMMUNICATIONS

February 1, 2008

#9 – Mayors Fax Advisory from William Dressel, dated January 29, 2008, re: Legislative Developments, (I) Municipal Prosecutor Mandates, (II) Paid Family Leave – A Resolution will be prepared opposing A-816.

 

#11 – Correspondence from Edward Facas, Director, Department of Senior, Disability & Veteran Services, County of Morris, to Christopher Raths, dated January 25, 2008, re: “ProAlert” – Council requested that this be sent to the Senior Clubs

 

February 8, 2008

#1 – Interoffice Memo from Christopher Raths, to Mayor/Council, dated February 8, 2008, re: Information Update – (D) Rt. 46 Corridor/EDC – The Economic Development Committee will receive a report this week; (F) Citizens Cable – Mr. Raths will request that the money be split between the Field of Dreams, the Roxbury Arts Center and Main Street Streetscaping.

 

#2 – Correspondence from BettyLou DeCroce, Township Clerk, dated February 4, 2008, re: Request for Consent –  A resolution will be on the next Agenda

 

#9 – Copy of Records Needs Assessment and Strategic Plan for Roxbury Township Submitted by BettyLou DeCroce, Township Clerk, dated December 19, 2007 – The Clerk’s Office will provide Council with a copy of the SMART report pertaining to Roxbury Township.

 

February 15, 2008

#7 – Correspondence from Freeholder Director Margaret Nordstrom to Mayor Smith, dated February 11, 2008, re: Morris County – This is just a guideline.

 

#8 – Mayor Fax Advisory, dated February7, 2008, re: Binding Arbitration and Property Taxes – Mr. Raths will send a letter of support to the Morris County legislators.

 

#10 – Mayors Fax Advisory dated February 12, 2008, re: New Jersey Digital Government Summit – Mr. Raths will ask Rob Kuncken, IT Director, to attend.

 

#13 – Correspondence from Walter Krich, Director, Morris County Planning Department, to Mayor Smith, dated February 8, 2008, re: Open Space & Farmland Preservation Trust Fund

 

Mr. Hall made a motion to appoint Mr. Rilee to the Open Space & Farmland Preservation Trust Fund Committee.  Mr. Behrens seconded the motion.

 

Roll Call:

Mr. Hall – yes              Mr. Behrens – yes

Mrs. DeFillippo – yes   Mr. Rilee – yes

Mayor Smith -  yes

 

Motion carried 5 – 0

 

The Clerk’s Office will send a letter to Mr. Krich advising him of Mr. Rilee’s appointment.

 

#14 – Mayors Fax Advisory, dated February 12, 2008, re: A-1880, Mandates Referendum on all Local Bonds – A resolution opposing this will be prepared.

 

#16 – Mayors Fax Advisory, dated February 14, 2008, re: COAH Regional Meeting – Mr. Hall and Mrs. DeFillippo will be attending.  Mr. Rilee stated that he will try to attend.

 

PUBLIC PORTION

Robert Kluska, Emmans Road,  asked about the payment of $1,100 to Board of Education member, Anthony Perfetti.  Mr. Raths stated that it is for the Chief of Fire Company #2, Anthony Perfetti, Jr.

                                   

EXECUTIVE SESSION

08-73    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. Rilee made a motion to adopt Resolution 08-73 for Executive Session. Mr. Behrens seconded the motion.

 

Roll Call:

Mr. Rilee – yes Mr. Behrens – yes

Mrs. DeFillippo – yes   Mr. Hall – yes

Mayor Smith – yes

 

Motion carried 5 – 0

 

At 9:45 PM Council returned to the Regular Meeting.

 

08-63  A RESOLUTION APPROVING CHANGE ORDER NO. 1 TO THE

CONTRACT WITH SCHENLEY CONSTRUCTION, INC. FOR THE DRAINAGE AND ROAD IMPROVEMENTS TO EYLAND AVENUE PHASE V PROJECT

 

Mr. Rilee made a motion to adopt Resolution 08-63.  Mr. Hall seconded the motion.

 

Roll Call:

Mr. Rilee – yes Mr. Hall – yes

Mr. Behrens – yes        Mrs. DeFillippo – yes

Mayor Smith –yes

 

Motion carried 5 - 0

 

ADJOURNMENT

At 9:50 PM Mr. Rilee made a motion to adjourn the Regular Meeting.  Mr. Hall seconded the motion.

 

All In Favor – yes

 

Submitted By:

 

 

 

_________________________

BettyLou DeCroce

Township Clerk

MINUTES APPROVED BY COUNCIL

DATE:                        March 25, 2008

ROLL CALL:            Mr. Schmidt – yes        Mr. Rilee -  yes

                                    Mr. Behrens – yes        Mrs. DeFillippo – yes

                                    Mr. Hall –yes               Mr. Zoschak – recuse

                                    Mayor Smith - yes