March 11, 2008
A Regular Meeting was held by the
Township Council of the Township of Roxbury on March 11, 2008 at 1715 Route 46,
Ledgewood, New Jersey at 7:30 PM
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 January 8, 2008;
notice was posted on the bulletin board in the main hallway of the Municipal
Building on January 8, 2008.
ROLL CALL (Present): Councilmen Gary Behrens, Fred
Hall, Jim Rilee, Martin Schmidt, Richard Zoschak and Mayor Timothy Smith
Also Present: Christopher
Raths, Township Manager; Anthony Bucco, Township Attorney and Janet Rieth,
Deputy Township Clerk
Councilwoman DeFillippo was attending the Morris County
Community Block Grant Committee meeting.
APPROVAL OF MINUTES
September 25, 2007
Workshop Meeting
December 11, 2007
Regular Meeting
December 18, 2007
Budget Meeting
January 8, 2008
Executive Session
January 15, 2008
Budget Meeting
February 19, 2008
Executive Session
Mr. Schmidt made a motion to approve the above Minutes. Mr. Zoschak seconded the motion.
Roll Call:
Mr. Schmidt – yes Mr.
Zoschak – yes (abstain on January 15th and February 19th)
Mr. Behrens – yes (abstain on September 25th,
December 11th and December 18th)
Mr. Hall – yes Mr.
Rilee – yes (abstain on December 18th)
Mayor Smith – yes
Motion carried 6 – 0 with one abstention on September 25th,
one abstention on December 11th, two abstentions on December 18th,
one abstention on January 15th and one abstention on February 19th
PUBLIC PORTION
Jim LaManna, 265 Kings Highway, Landing, discussed an
ongoing drainage problem on Kings
Highway.
There is a hump in the middle of the road and the water drains onto his
property. He has been working with the
Engineering and Road Departments and the problem has not been rectified. Mr. Raths stated that the Engineering
Department has come up with a design and they are seeking permission to
discharge the water onto NJ Transit’s property.
When the permission is received from NJ Transit, the work will begin.
Mr. Rilee suggested that the Township request assistance from Senator Bucco in
obtaining permission from NJ Transit.
Robert Kluska, Emmans Road, asked about the $60,000 Safe & Secure Neighborhoods
grant, which is in the Operating Budget.
Mr. Raths advised that this is the DARE officer and DARE program.
EXECUTIVE SESSION
ROXBURY, IN THE COUNTY OF MORRIS,
NEW JERSEY AUTHORIZING CONFERENCE OF THE
TOWNSHIP COUNCIL WITH THE PUBLIC EXCLUDED
There was no Executive Session at this time. It will be held later in the meeting.
REPORTS OF COUNCIL LIAISON REPRESENTATIVES, COUNCIL
COMMITTEES AND NEW BUSINESS/OLD BUSINESS
New Business:
None
Old Business:
Procurement Policy
Mr. Bucco’s office is working on this.
Presentation
COAH Russell Stern
Russell Stern, Township Planner,
presented Council with the draft report on COAH’s proposed third round
regulations. Based upon COAH’s 2004 third round regulations Roxbury Township
adopted a Housing Element Fair Share Plan, with a surplus of 233 units. He advised that the Township met its
obligations in 2004; however in 2007 COAH imposed new ratios. Mr. Stern stated that COAH projected Roxbury Township’s growth based on “historic
trend development”, which occurred between 1993-2002. He further stated that municipalities would
be penalized retroactively for development, which occurred between
2004-2007. Mr. Stern advised that the
deadline for repetitioning for third round substantive certification is
November 14, 2008, which is insufficient time to address the substantial number
of units that will clearly have an impact upon the character of the
community.
Mr. Hall stated that this is the
ultimate unfunded mandate. There is a $9
million dollar difference between the original rules and regulations as opposed
to the new set of ratios that have now been proposed. The Township was living by the rules and
regulations as they existed at that particular time and COAH is now saying that
all the rules have changed after the fact.
Mr. Zoschak asked what would
happen if we do not meet the numbers.
Mr. Rilee stated that they could force the Township to change zoning in
an existing area to accommodate them.
Mr. Rilee stated that Mr. Stern
and Mr. Banisch did an excellent job on the report. He further stated that everything about
COAH’s mechanisms is wrong. He would
like the report copied to the Governor, the Legislators and other
municipalities.
Mr. Stern advised that we must
petition COAH for an extension and modify our ordinances. He further advised that his report would be
restructured as a letter to be sent to COAH.
Mr. Zoschak made a motion for the
letter regarding the proposed affordable housing regulations to be signed by
the Mayor and sent to the Department of Community Affairs Commissioner
Doria. Mr. Hall seconded the motion.
Roll Call:
Mr. Zoschak – yes Mr.
Hall – yes
Mr. Behrens – yes Mr.
Rilee – yes
Mr. Schmidt – yes Mayor
Smith – yes
Motion carried 6 - 0
REPORTS OF COUNCIL
LIAISON REPRESENTATIVES, COUNCIL COMMITTEES
Mr. Schmidt advised that the Environmental Commission would
meet this Thursday.
Mr. Rilee asked if the NJDOT
meeting would be held this Thursday. Mr.
Smith advised that he spoke to Freeholder Feyl, who advised that the article
that was in the paper regarding Commerce
Boulevard was incorrect. The State is not pulling the funding for the
engineering. They believe they have
found another alternative, which will be less expensive and will cost less to
engineer. They will be here Thursday to
meet with Roxbury officials.
Mr. Rilee advised that he spoke
with Freeholder Schrier regarding the bike path and was told that it has been
approved. Mr. Schrier advised that it is in the Park Commission’s hands. Mr. Raths will contact Dave Helmer, Director
of the Morris County Park Commission.
Mr. Rilee advised that he met with the Fire Chiefs last
Monday. He was advised that some businesses in the Township are calling on the
ambulances more for transportation than for emergency reasons. Mr. Rilee will
provide the numbers to Mr. Raths and he will contact the businesses.
Mr. Zoschak stated that he received complaints regarding
flooding under the railroad bridge on Shippenport
Road.
Mr. Zoschak requested
an update on the Township collecting Netcong’s garbage? Mr. Raths stated that everything went well.
Mr. Hall congratulated the Roxbury High School Hockey team
for winning the Haas Cup and Roxbury wrestling for winning the District
Championship.
Mr. Hall advised that a shared services meeting was held
with the Board of Education and he will discuss this at a future date.
Mayor Smith advised that the Economic Development Committee
would meet on April 24th with the Roxbury Chamber of Commerce.
Mayor Smith stated that Mrs. DeFillippo advised him that two
of Roxbury Township’s Police Officers have been certified for the “Alive at 25”
program.
Mr. Raths stated that the Township made their presentation
at the County last night for the Main Street Project.
MATTERS REQUESTED/REFERRED BY COUNCIL MEMBERS, MANAGER,
ATTORNEY OR CLERK
Morgan Drive Block
Party Road Closure June 7th 2008
3:00PM-8:30PM
Mr. Rilee made a motion to approve the above Block
Party. Mr. Zoschak seconded the motion.
Roll Call:
Mr. Rilee – yes Mr.
Zoschak – yes
Mr. Behrens – yes Mr.
Hall - yes
Mr. Schmidt – yes Mayor
Smith – yes
Motion carried 6 – 0
DRAFT ORDINANCES FOR DISCUSSION
NONE
INTRODUCTION OF PROPOSED ORDINANCES
03-08 AN
ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER II, 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. Rilee made a
motion to introduce Ordinance 03-08. Mr.
Zoschak seconded the motion.
Roll Call:
Mr. Rilee – yes Mr. Zoschak – yes
Mr. Behrens – yes Mr. Hall –yes
Mr. Schmidt – yes Mayor Smith – yes
Motion carried 6 - 0
HEARING AND ADOPTION OF ORDINANCES ON SECOND READING
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 open Ordinance 01-08 to the public.
Mr. Schmidt seconded the motion
Roll Call:
Mr. Rilee – yes Mr. Schmidt –yes
Mr. Behrens – yes Mr. Hall – yes
Mr. Zoschak – yes Mayor Smith – yes
Motion carried 6- 0
There was no public
comment.
Mr. Hall made a
motion to close Ordinance 01-08 to the public.
Mr. Schmidt seconded the motion.
Roll Call:
Mr. Hall –yes Mr. Schmidt – yes
Mr. Behrens – yes Mr. Rilee – yes
Mr. Zoschak –yes Mayor Smith – yes
Motion carried 6 – 0
Mr. Hall made a
motion to adopt Ordinance 01-08. Mr.
Zoschak seconded the motion.
Roll Call:
Mr. Hall –yes Mr. Zoschak – yes
Mr. Behrens – yes Mr. Rilee – yes
Mr. Schmidt – yes Mayor Smith –yes
Motion carried 6 – 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 open Ordinance 02-08 to the
public. Mr. Hall seconded the motion.
Roll Call:
Mr. Rilee – yes Mr.
Hall – yes
Mr. Behrens – yes Mr.
Schmidt – yes
Mr. Zoschak – yes Mayor
Smith – yes
Motion carried 6 – 0
There was no public comment.
Mr. Hall made a motion to close Ordinance 02-08 to the
public. Mr. Rilee seconded the motion.
Roll Call:
Mr. Hall – yes Mr.
Rilee – yes
Mr. Behrens – yes Mr.
Schmidt – yes
Mr. Zoschak – yes Mayor
Smith –yes
Motion carried 6 – 0
Mr. Hall made a motion to adopt Ordinance 02-08. Mr. Rilee seconded the motion.
Roll Call:
Mr. Hall - yes Mr. Rilee – yes
Mr. Behrens – yes Mr.
Schmidt – yes
Mr. Zoschak – yes Mayor
Smith – yes
Motion carried 6 – 0
INTRODUCTION AND ADOPTION OF RESOLUTIONS
08-90 A
RESOLUTION INCORPORATING BY REFERENCE HEREIN AND APPROVING THE FOLLOWING
NUMBERED RESOLUTIONS LISTED ON THE REGULAR COUNCIL MEETING AGENDA FOR THIS
DATE:
08-91,
08-92, 08-93, 08-94, 08-95, 08-96, 08-97, 08-99, 08-100, 08-101, 08-102, 08-103
Mr. Rilee made a motion to adopt Resolution 08-90. Mr. Schmidt seconded the motion.
Roll Call:
Mr. Rilee – yes Mr.
Schmidt – yes
Mr. Behrens – yes Mr.
Hall –yes
Mr. Zoschak – yes Mayor
Smith – yes
Motion carried 6 - 0
08-91 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
08-92 A
RESOLUTION AUTHORIZING THE RELEASE OF A PERFORMANCE GUARANTEE POSTED FOR
RIGHT-OF-WAY EXCAVATION PERMIT NO. OCT010718
BEEMAN PLACE, SUCCASUNNA BLOCK 4902, LOT 16
08-93 A
RESOLUTION OF THE TOWNSHIP OF ROXBURY, COUNTY
OF MORRIS, STATE OF NEW JERSEY, AUTHORIZING THE AWARD OF A CONTRACT FOR
PROFESSIONAL SERVICES FOR THE TOWNSHIP PROSECUTOR
08-94 A RESOLUTION ESTABLISHING THE 2008 ROXBURY TOWNSHIP MEMORIAL DAY PARADE COMMITTEE
Mr. Schmidt’s name will be taken out of Item h (VFW) and
Item k (Disabled American Veterans) will be added with his name.
08-95 A RESOLUTION OPPOSING ASSEMBLY BILL NO.
A-1880, REQUIRING A PUBLIC REFERENDUM PRIOR TO THE ISSUANCE OF GENERAL
OBLIGATION BONDS BY MUNICIPALITIES
08-97 A RESOLUTION SUPPORTING AN AMMENDMENT TO THE
BINDING INTEREST ARBITRATION LAWS
08-98 A
RESOLUTION AUTHORIZING THE ACCEPTANCE AND EXECUTION OF A DEVELOPER’S AGREEMENT
WITH WELLFLEET DEVELOPERS, INC. FOR MAJOR SUBDIVISIONAPPROVAL OF BLOCK 11201,
LOTS 1-3 AND BLOCK 10101, LOT 34 (VILLAGES AT ROXBURY) - PULLED
08-99 A RESOLUTION AUTHORIZING THE ACCEPTANCE OF
ADEED OF ROAD DEDICATION FROM FNC REALTY CORP. ACROSS A PORTION OF LOT 14, BLOCK 5301 (OPEN ROAD BMW)
08-101 A
RESOLUTION AMENDING THE MEMBERSHIP
OFTHE TOWNSHIP
FIRE DEPARTMENT
08-103 A RESOLUTION AUTHORIZING THE PAYMENT OF
BILLS
Council agreed to
hold a Budget Meeting on March 18th.
The Clerk’s Office will advertise for this meeting.
PERSONNEL CHANGES
Memo from Judy Riley
dated March 7, 2008
COMMUNICATIONS
March 7, 2008
#1 – Interoffice Memorandum from Ptl. Gregg Prendergast, to Christopher
Raths, dated January 7, 2005, re: St. Mary’s Drive – Additional signage has
been put up.
#12 – Correspondence from Knee Deep Club, to Mayor Smith, dated March
3, 2008, re: Donation – Mr. Raths will send a letter advising that we will not
contribute.
#19 – Correspondence from NJDEP to Mayor Smith, Dated March 3, 2008,
re: Denial of Green Acres Funding – This was expected this year.
#22 – Correspondence from Valentino & Dunne, to Christopher Raths,
dated February 25, 2008, re: Roxbury Rotary Gazebo Project at Horseshoe Lake
– Council would like more details.
PUBLIC PORTION
Robert Kluska, Emmans Road, stated that there is $60,000
grant for two police officers and he asked if these are part time
positions. Mr. Raths advised that this
money supplements the DARE program.
At 9:00 PM Council took a short
break
At 9:15 PM Council returned to
the Regular Meeting
EXECUTIVE SESSION
08-104 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 adopt Resolution 08-104 for
Executive Session. Mr. Rilee seconded
the motion.
Roll Call:
Mr. Zoschak – yes Mr.
Rilee – yes
Mr. Behrens – yes Mr.
Hall – yes
Mr. Schmidt – yes Mayor
Smith – yes
Motion carried 6 – 0
ADJOURNMENT
At 10:35 PM Mr. Zoschak made a motion to adjourn the Regular
Meeting. Mr. Schmidt seconded the
motion.
All In Favor – yes
Submitted By:
BettyLou DeCroce
Township Clerk
MINUTES APPROVED BY COUNCIL
DATE: April 29, 2008
ROLL CALL: Mr. Rilee – yes Mr. Hall – yes
Mr. Behrens
– yes Mrs. DeFillippo – recuse
Mr. Schmidt
– yes Mr. Zoschak – yes
Mayor Smith
- yes