February 26, 2008
A Workshop Meeting was held
by the Township Council of the Township
of Roxbury on February 26, 2008 at
1715 Route 46, Ledgewood, New Jersey at 7:30 p.m.
Open Public Meeting Statement
Notice is hereby given that the Township Council of the
Township of Roxbury will hold a Public Hearing to
discuss the use of funds pertaining to “The Use of Roxbury Township Open Space
Funds for Capital Projects for Recreation”.
This hearing will be held on Tuesday, February 26, 2008 at 7:30 PM at
1715 Route 46, Ledgewood, New Jersey.
The regularly scheduled Workshop Meeting will immediately follow.
Adequate notice of this public hearing 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 11, 2008; notice was posted on the bulletin board in the main
hallway of the Municipal
Building on February 11,
2008.
ROLL CALL: (Present) Councilman
Gary Behrens, Councilwoman Kathy DeFillippo, Councilmen Fred Hall, Jim Rilee,
Martin Schmidt and Mayor Tim Smith
ALSO PRESENT: Christopher Raths, Township Manager; Anthony Bucco,
Township Attorney, Russell Stern, Township Planner and BettyLou DeCroce,
Township Clerk
REPORTS OF COUNCIL LIAISON REPRESENTATIVES, COUNCIL
COMMITTEES AND NEW BUSINESS/OLD BUSINESS
Mayor Smith amended the
order of business to have Russell Stern, Township Planner give an overview of
the New Jersey Highlands – Final Draft Land Use Capability Zones – Roxbury Township. Mr. Stern stated that he had submitted his
draft comments to Council several weeks ago.
Mr. Stern reviewed the areas of the colored map and explained the impact
it will have on the economic growth of the township. Mr. Stern advised that the State has not
included all the infrastructure of the township and the township should present
this during the comment period. The
restrictions have also created a problem with redevelopment of the Hercules
Brownfield site. The Act has restricted
the extension of water and sewer within this site and contradicts their
intention for re-growth. Mr. Stern is
concerned with the areas that are included in the protection zone. There is a real problem with regard to home
rule and restrictions on residents. If a
resident wants to construct an addition or redevelop their personal property,
there will be a real hardship if it is within the 300’ buffer. There has not been a resolution as to whether
the resident will only need township approval or also approval from the
Highlands Council. Extending the number
of approvals will cost the taxpayers a lot of money. Councilmember’s responded to the Highlands
Act and the problems it is causing for the Township of Roxbury.
Mr. Stern is looking for
approval to send his draft report to the State DEP/Highlands Council. Mr. Rilee felt that the area of the report
that addresses the restrictions to homeowners needs to be stressed
heavily in the report.
Mr. Rilee made a motion to
approve the proposed report and to also include the council’s concerns. Mr. Schmidt seconded the motion.
Roll Call: Mr. Rilee – Yes Mr. Schmidt – Yes
Mr. Hall – Yes Mayor Smith – Yes
Motion Carried 6 to 0
PUBLIC HEARING ON OPEN SPACE:
Mayor Smith outlined the
process of the public hearing and added that this is only a portion of a larger
process. There will be no action to vote
on tonight with regard to any of the open space projects. Public comment will be taken for the purpose
of the public hearing only. This hearing
is for the purpose of discussing Phases 2 and 3 of the Recreation Plan.
Mr. Hall stated that he has
been on the Recreation Committee for the last seven years. The purpose of tonight’s hearing is to
address:
Phase 2 – Conceptual - This phase will utilize
the ability to finance capital improvements with retirement of 2011 debt and
convert Open Space Revenues towards Open Space purposes.
Example: Landing Road – Perimeter Fencing/Lighting;
Horseshoe Lake – Reconfigure Men’s softball (area 3)/Multipurpose Football
Lacrosse (area 2)
Phase 3 – Conceptual – This
phase will utilize the ability to finance capital improvements with the
retirement of debt in 2016.
Example: Multi-purpose Field 1 Horseshoe
Lake; Landing Road
Park Center.
Mr. Raths gave an overview
of the total open space purchased through the township open space fund and the
county and the state open space funding.
There is over 5,000 acres of open space in the township as of this date. Mr. Raths further explained the current Open
Space Cash Balances 2009 thru 2017.
Mr. Bucco, Township Attorney
outlined the history of the open space fund since 1993. Based on the amendment to the state statute
in 1999 the township adopted ordinance 8-99 to allow the township to utilize
funding for the purpose of purchasing property or constructing improvements on
any of the open space/recreational properties within the township. Mr. Bucco also added that it was not a
requirement of the township to hold a public hearing for the purposes we are
discussing this evening. It was the
desire of the Council to allow the public to have input into the process.
PUBLIC PORTION
Mark Crowley
10 Alcott Way
Succasunna
Mr. Crowly asked if the
Highlands Act would prohibit the township from purchasing or developing
recreational areas.
Mr. Bucco stated that it
might hinder the development of recreational areas since the buffers are
greater. It does not restrict us from
purchasing property.
Mr. Crowly encouraged the
township to let Trenton
know their objections as to the Highland Act.
Mr. Kluska
270 Emmans Road
Mr. Kluska stated that he
feels the purpose of the original Open Space Fund was to control growth. He felt that if we want to use the monies to
develop recreation sites the taxpayers should have the right to object and
possibly reduce the amount of taxes each year.
Richard Crammond
Roxbury Township Historic Committee
Mr. Cramond questioned the
amended ordinance in 1999 that excluded the historic portion. Mayor Smith stated that at this time, money
may not be used for historic preservation purposes. The ordinance would need to be changed.
Mr. Crammond also stated
that the Historic Committee supports the expanded use of the funds in the open
space funding.
Joe Maccasek
333 Speedwell Avenue
Morristown
Mr. Maccasek commented that
it is important to keep a significant portion of the open space fund protected
to purchase small parcels when needed.
Seymour Zandell
648 Dover Road
Morris Plains.
Mr. Zandell stated that he
has 7 acres off of Toby Drive
in Succasunna. He stated that he has
been made aware that there is proposal for trails on his property. He would like to know if the township has an
interest in purchasing his property. Mr.
Bucco stated that the Manager will discuss this with the council and get back
to him.
Maureen Castriotta
21 Salmon Road
Mr. Castriotta feels that it
is important that the township keeps the dedicated funding for open space
purchases and gives the public the right through a referendum if Council wishes
to expand it.
Irene LaBell
31 Condit Road
Landing
Mrs. LaBell stated that it
is important to keep our fields up to standards.
Miriam Morris
208 Emmans Road
Flanders
Ms. Morris still does not
understand the opinion regarding the use of the fund for historic
preservation. Mr. Rilee stated that the
fund does not allow the purchase of buildings etc. it only allows for
partnerships. Ms. Morris questioned if
the township is using the funds for matching grants through open space. Mr. Raths stated that he would look into this
issue and get back to her.
Victor Deno
2 Toby Drive
Succasunna
Mr. Leno stated that he
understands the concerns of some of the residents with taxes but feels that the
township is doing the right thing rather then just increasing taxes. The fields in the township need a lot of
work.
Paul Wascik
1 Redwood Way
Mr. Wascik is one of the
Soccer Coaches and has 1,500 to 2,000 children in the program and they are
limited to field use because of lack of fields and condition of fields. He supports the use of open space funding for
helping correct these problems
Mr. Mathew Stigler
6 Millay Court
Mr. Stigler works with the
recreation programs for baseball and stated that we need additional fields.
Ron Darminio
Rivendell Road
Mr. Darminio stated that he
has worked on fund raising to help the situation. Mr. Darmnio stated that he feels the township
is being innovative and feels they are doing the right thing.
Edward Kirchgesner
27 Honeyman Drive
Mr. Kirchgessner stated that
in the past, he was involved in the recreation program. Mr. Kirchgessner stated that St. Theresa
allowed the township to use property by the church for fields. He suggested that the township look into that
use again. Mr. Rilee stated that the
property is under contract for commercial construction.
Robert Church
256 Eyland
Avenue
Succasunna
Mr. Church asked if we do
not preserve the aquifers now how are we going to deal with the water problem?
Donna Culleny
24 Corwin
Street
Ms. Culleny stated that she
will speak to the soccer group about more volunteers and stated that we need
better quality fields.
Maureen Castriotta
21 Salmon Road
Landing
Ms. Castriotta wanted to
clarify the purpose of the meeting this evening. The purpose is to discuss how the monies from
the open space fund should be spent. Ms.
Castriotta still feels that it should go out to referendum.
Victor Deno
2 Toby Drive
Succasunna
Mr. Deno stated that he
would like to thank Mr. Hall for his work towards recreation. Further, he stated that there are a lot of
volunteers who contribute free time to recreation.
Robert Kluska
270 Emmans Road
Mr. Kluska stated that in
his lifetime as a resident of Roxbury
Township he has paid a
lot of taxes over all these years.
Edward Kirchgessner
27 Honeyman Drive
Succasunna
Mr. Kirchgessner thanked the
residents for their help. He still has a
problem with why the fields are in such bad shape.
Nancy Thompson
29 Honeyman Drive
Succasunna
Ms. Thompson stated that she
understands what the older generation has done over time. Further, there does become a time when the
maintenance becomes greater. Ms.
Thompson felt that the portion of the fund being used for recreation to make it
safe for our children is a good decision.
Yonyi Geyer
8 Palmer Street
Landing
Ms. Geyer asked about the
use of the funds and bonding.
Matt Stigler
6 Millay Court
Mr. Stiegler stated that we
have four fields in total for the entire baseball league.
Kendall Warsaw
Millay Court
Mr. Warsaw stated that she
is in favor of additional fields and improving the overall fields for all
aspects of use.
Donna Culleny
24 Corwin Street
Ms. Culleny asked if we go
out to bid. Mr. Raths stated that it
goes out to bid to the public and many bids usually come in.
Mayor Smith closed the
public portion at this time.
Council comments:
Ms. DeFillippo stated that
this council listens.
Mr. Hall stated that he is
appreciative of the public input and believes that the township is acting
properly in allowing opportunities to all.
Mayor Smith stated that this
is an historic partnership that is taking place with the township and volunteer
groups participating with raising funds.
This is a shared service and the township hopes that the Board of
Education will participate as well.
Mayor Smith stated that this will not raise taxes and that is important
for the public to understand that.
Further Mayor Smith stated that there would be further discussions on
the phases for input by the council and the public. In closing the Mayor stated that when the
state allowed for the municipalities to decide what to do with the funding he
believes it was because of the future needs of a community whether land
purchase or for recreation.
The Mayor ended the public
hearing on this subject at 10:00 PM. The
Council took at ten-minute break.
A. New Business
1.
Public Hearing Open Space Funding – Previously discussed.
2.
Russ Stern Presentation- Highlands – Previously discussed.
3.
Tax Assessor interview discussion:
362 East Glen Avenue
Ridgewood, NJ 07450
Mr.
Raths introduced Mr. McKeon to the Council.
Mr. Rilee asked if Mr. McKeon has gone through a revaluation process.
Council
questioned Mr. McKeon on his experience.
Mr.
Hall made a motion to adopt Resolution 08-89 Authorizing The Appointment Of
Joseph J. McKeon, CTA, Screa As Roxbury Township Tax Assessor. Ms. DeFillippo seconded the motion.
Roll
Call: Mr. Hall – Yes Ms. DeFillippo – Yes
Mr. Behrens
– Yes Mr. Rilee – Yes
Mr. Schmidt
– Yes Mayor Smith – Yes
Motion
Carried 6 to 0
B. Old Business
Procurement Policy
PUBLIC PORTION
Gary
Stienfeld represents Blue Vista property on Rt. #206. He owns the property located on Rt. #206
Block 9202 – Lot 1,2,9 & 10. Currently the Mountain Road intersection signalization
is moving forward. There is concern with
the Highlands Act and the preservation area.
The consensus of the council is to include this property in the letter
to the state objecting to the Highlands
process and its designation.
MATTERS
REQUESTED/REFERRED BY COUNCIL MEMBERS, MANAGER, ATTORNEY OR CLERK
Discussion was brought up
about the resignation of the Township Prosecutor, Richard Kesselman as of March
21, 2008.
Council agreed to have a
resolution and contract prepared by the clerk’s office naming Alternate
Prosecutor Doug Cabana as the Township’s new Prosecutor effective March 21,
2008. Ms. DeCroce will have the
resolution on the next agenda.
APPROVAL OF MINUTES
October
23, 2007 Workshop Meeting
Mr.
Schmidt made a motion to approve the October 23, 2007 Minutes. Ms. DeFillippo seconded the motion.
Roll
Call: Mr. Schmidt –
Yes Ms. DeFillippo – Yes
Mr. Behrens
– Abstain Mr. Hall – Yes
Mr. Rilee –
Abstain Mayor Smith – Yes
Motion
Carried 4 to 0 with 2 abstentions
January
7, 2008, Reorganization Meeting
January
22, 2008 Executive Session
January
22, 2008 Workshop Meeting
January
30, 2008 Neighborhood Meeting
Mr.
Rilee made a motion to approve the above minutes. Mr. Schmidt seconded the motion.
Roll
Call: Mr. Rilee – Yes Mr. Schmdit – Yes
Mr. Behrens
– Yes Ms. DeFillippo – Yes
Mr. Hall –
Yes Mayor Smith –
Yes
Motion
Carried 6 to 0
Draft Ordinances for Discussion
None
Introduction of Proposed Ordinances
None
Hearing and Adoption of Ordinances on Second Reading
None
Draft Resolution for
Discussion
None
Introduction and Adoption of Resolutions
08-74 A RESOLUTION INCORPORATING BY REFERENCE HEREIN AND
APPROVING THE FOLLOWING NUMBERED RESOLUTIONS LISTED ON THE WORKSHOP COUNCIL
MEETING AGENDA FOR THIS DATE: 08-75,
08-76, 08-77, 08-78, 08-79, 08-80, 08-81, 08-82, 08-83, 08-84, 08-85, 08-86,
08-87
Mr. Rilee made a motion to
approve 08-74. Mr. Schmidt seconded the
motion.
Roll Call: Mr. Rilee – Yes Mr. Schmidt – Yes
Mr. Behrens – Yes Ms. DeFillippo – Yes
Mr. Hall – Yes Mayor Smith – Yes
Motion Carried 6 to 0
08-75 A
RESOLUTION AUTHORIZING THE RELEASE OF A PERFORMANCE GUARANTEE POSTED FOR
RIGHT-OF-WAY EXCAVATION PERMIT NO. JUNE0107 19 CAREY ROAD, SUCCASUNNA BLOCK
4305, LOT 12
08-76 A RESOLUTION CONSENTING TO THE PROPOSED WATER QUALITY
MANAGEMENT (WQM) PLAN AMENDMENT ENTITLED:
PROPOSED AMENDMENT TO THE SUSSEX
COUNTY, UPPER RARITAN, AND UPPER DELAWARE WATER QUALITY MANAGEMENT PLANS
08-77 A RESOLUTION AUTHORIZING THE
RELEASE OF CASH BOND NO. 2006-167 IN CONNECTION WITH A MAJOR SOIL RELOCATION
PERMIT
FOR MORRISTOWN CORNERSTONE LOCATED ON LENEL ROAD,
BLOCK 9501 LOTS 6
08-78 A RESOLUTION AUTHORIZING THE
RELEASE OF CASH BOND NO. 2006-407 IN CONNECTION WITH A MAJOR SOIL RELOCATION
PERMIT
FOR EMANSE ESTATES L.L.C.BLOCK 7502 LOTS 6. Mayor Smith stated that he would like to
see the name consistent in all resolutions.
08-79 A
RESOLUTION AUTHORIZING THE ACCEPTANCE OF A MAINTENANCE BOND AND SUBSEQUENT
RELEASE OF CASH PERFORMANCE BOND NO. 06-347 POSTED BY EMANSE ESTATE L.L.C FOR
THE REPLACEMENT OF TREES AT THE PROPERTY KNOW AS BLOCK 7502, LOT 6
08-80 A
RESOLUTION AUTHORIZING THE ACCEPTANCE OF A MAINTENANCE BOND AND SUBSEQUENT
RELEASE OF CASH PERFORMANCE BOND NO. 03-359 POSTED BY LEGENDS REALTY L.L.C FOR
THE REPLACEMENT OF TREES AT THE PROPERTY KNOW AS BLOCK 9501, LOT 13
08-81 A RESOLUTION AUTHORIZING
THE ACCEPTANCE OF A PERFORMANCE BONDS AND CASH BOND IN CONNECTION WITH THE
APPROVAL OF SOIL RELOCATION BOND FOR THE VILLAGES AT ROXBURY DEVELOPMENT
LOCATED ON SHIPPENPORT ROAD, BLOCK 17, LOT 7; BLOCK 138, LOT 2 AND BLOCK 150,
LOT 1
08-82
A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A PERFORMANCEBONDS AND CASH
BONDIN CONNECTION WITH THE APPROVAL OF TREE RESTORATION FOR THE VILLAGES PHASE
II AT ROXBURY DEVELOPMENT LOCATED ON SHIPPENPORT ROAD, BLOCK 17, LOT 7; BLOCK
138, LOT 2 AND BLOCK 150, LOT 1 . Corrections
needed to be made to the resolution pertaining to the Bond number. Should be
S12758 and corrections in the title were necessary.
08-83
A RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT FOR AN EMERGENCY
SERVICES UNIT REMOUNT TO TONY SANCHEZ, LTD FOR THE TOWNSHIP POLICE DEPARTMENT
08-84
A RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT FOR THE SEALING OF TWO PUBLIC
WELLS FOR THE WATER UTILITY
08-85 A
RESOLUTION AUTHORIZING THE EXECUTION OF AN INTERLOCAL SERVICES AGREEMENT
WITHTHE BOROUGH OF NETCONG FOR SOLID WASTE REMOVAL SERVICES. Ms. DeFillippo questioned
if we were going to be hiring a new employee for this contract. Mr. Raths stated that the township would
employee another individual only as long as we have the contract. Also, paragraph three the word introduction
should be changed to adoption.
08-86 A RESOLUTION AUTHORIZING THE REFUND OF TAXES
08-87 A RESOLUTION AUTHORIZING THE
PAYMENT OF BILLS
Communications
February
22, 2008 -
#5 Correspondence from Steven C. Levinson,
Chairperson, Rockaway River Watershed Cabinet to the Honorable Mayor and
Township Council dated February 15, 2007 RE: Request of a 2008 Budget
Appropriated for the River Cabinet of $1,500.00. Mr. Raths will look into and advise Council.
K. NJ DOT Commerce Blvd / Rt. #10: The State NJDOT is in the process of
designing the Commerce BLVD
intersection and has scheduled a meeting for March 13th at 11:00 AM
to review the proposal with the Police and Engineering Departments. Mr. Rilee,
Mr. Behrens and Mayor Smith may attend the meeting.
Executive Session
08-88 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 11:05 PM Mr. Schmidt made
a motion to adopt 08-88. Mr. Behrens
seconded the motion.
Motion Carried 6 to 0
Council returned to the
workshop meeting at 11:20 PM
ADJOURNMENT
At 11:20 PM Mr. Hall made a motion to adjourn the
Workshop Meeting. Mr. Behrens seconded
the motion.
Roll Call: All In Favor – Yes
Motion Carried 6 to 0
_____________________
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