April 8, 2008
A Regular Meeting of the Township
Council of the Township of Roxbury was held on April 8, 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):
Deputy Mayor Kathy
DeFillippo, Councilmen Gary Behrens, Fred Hall, Martin Schmidt, Richard Zoschak
and Mayor Timothy Smith
Also Present: Christopher
Raths, Township Manager; Christopher Woods, Esq. Assistant to the Township
Attorney and BettyLou DeCroce, Township Clerk
Absent: Councilman
Jim Rilee
INTRODUCTION OF 2008 BUDGET
08-115
BUDGET SELF-EXAM
Mr. Zoschak made a motion to approve 08-115. Mr. Schmidt seconded the motion.
Roll Call: Mr.
Zoschak – Yes Mr. Schmidt – Yes
Mr.
Behrens – Yes Ms. DeFillippo – Yes
Mr.
Hall – Yes Mayor Smith – Yes
Motion Carried 6 to 0
08-116
MUNICIPAL BUDGET NOTICE
Mr. Schmidt made a motion to approve Resolution 08-116. Ms. DeFillippo seconded the motion.
Roll Call: Mr.
Schmidt – Yes Ms. DeFillippo – Yes
Mr.
Behrens – No Mr. Hall – Yes
Mr.
Zoschak – Yes Mayor Smith – No
Motion Carried 4 to 2
Mr. Zoschak made reference to a memo listing outstanding
budget items dated April 2, 2008. Mr.
Raths stated that all issues have been addressed. Mr. Raths felt that it is important for the
public to understand that $500,000 of the budget is directly related to pension
obligations. The township was notified
less then a month ago that our State aid was going to be reduced by
$300,000. As a result, the township
residents are going to see an increase of approximately 5%. The township has worked very hard to hold the
line on taxes and the state keeps imposing new regulations and state mandates
with no further assistance. Mr.
Schroeder, the Township’s Auditor from Nisivoccia & Company explained that
cap problems are causing us to increase taxes.
Mr. Hall asked about the memorandum of November 2007 with regard to the
reserve for uncollected taxes. Mr. Schroeder
stated that the reserve for uncollected taxes is used to offset the revenue for
the succeeding year. Currently the
township is at 98% in its collection of taxes.
Budget Open to the Public
No
Public Input
Council Comments:
Mr. Hall stated that this was the hardest budget of all
times. He felt that the township has
worked hard to keep costs down only to be thwarted by the State of New
Jersey. Mr. Hall further added that the
increases are mandated costs by the state.
Mr. Behrens stated that this is his first year working with
the budget and he found that the budget process is difficult. He further stated that he understands that
the contractual obligations for this year are where they are but he feels that
in the future the township needs to work harder with contract negotiations.
Ms. DeFillippo stated that this is the first step in the
right direction requiring employees to contribute to their own healthcare. Ms. DeFillippo also stated that mandates the
state has imposed on the township is causing a hardship in the budget
process. The township is trying to
increase shared services and has contracted with neighboring towns to help
offset costs.
Mr. Schmidt stated that this is his fifth year on the
budget. Because of mandates it has made
it hard but he also felt that the township has worked very hard on the budget
despite the state constantly putting obstacles in our way.
Mr. Zoschak stated that if there is any blame it is the
Governor and the Legislature. Also, Mr. Zoschak stated that the township it
working hard to provide services with less personnel to try to keep cost
down. The budget is tough but the
township has put a lot of thought and time in trimming the budget to where it
is now. In comparison to other
municipalities Roxbury Township has done as best as we can, given the state
mandates.
Mr. Smith stated that he is going to vote against the budget
because he disagrees where we are on our union negotiations. Mr. Smith further stated that the State of
New Jersey holds blame for the fiscal crisis that this township is in. A lot of work has gone in to it and the
Administration as well as the Governing Body has scrutinized every part of the
budget.
Mr. Schroeder stated that compared to his 10 other towns the
township faired well in the process.
Several towns have as much as a 30% increases in their budgets.
APPROVAL OF MINUTES
January 29, 2008 Budget/Workshop
March 11, 2008 Executive Session
March 18, 2008 Budget/Workshop
March 25, 2008 Executive Session
Mr. Zoschak made a motion to approve all minutes as listed
above. Mr. Schmidt seconded the motion.
Ms. DeFillippo had questions on the January 29, 2008
minutes. The corrections will be made.
Roll Call: Mr.
Zoschak – Yes/Abstain 1/29/08 Mr.
Schmidt – Yes/Abstain 1/29/08
Mr.
Behrens – Yes Ms.
DeFillippo–Yes/Abstain 3/11/08
Mr.
Hall – Yes Mayor
Smith – Yes/Abstain 3/18/08
Motion Carried 6 to 0 w/Abstentions on 1/29/08, 3/11/08
& 3/18/08
PUBLIC PORTION
Larry Hoover
540 Vail Road
Landing, NJ
Mr. Hoover
questioned the 2008 salary of the Police Department. Mr. Raths stated that negotiations have not
been completed for this year. Mayor
Smith stated that because there are open negotiations the Council couldn’t
discuss specifics.
John Sandstrom
65 Eyland Avenue
Mr. Sandstrom stated
that he would like to discuss the Horseshoe Lake property. Mr. Sandstrom stated that stone bridge is in
disrepair and needs to be looked at.
Also, there are trees in poor condition and some lying down on the
ground. In the rear of the property
there is debris all over, including broken benches and garbage. Mr. Sandstrom
asked about the possibility of getting community service workers.
Mr. Schmidt stated
that he has been working on that area of Horseshoe Lake. Currently the maintenance of all the trees is
going to be taking place in the spring.
Further, the SLAP Program will be out there this weekend cleaning up the
area. Also, Mr. Schmidt asked about the
bridgework. Mr. Raths believes that it
is on the schedule. He will check into
it and get back to Council.
Mr. Zoschak stated
that Rotary is working on the Gazebo and the lake area cleanup. Also, Mr. Zoschak asked Mr. Raths about the
Community Service employees that can be obtained through the courts. Mr. Raths will speak to Judge Wronko about
increasing community service in the lake area.
REPORTS OF COUNCIL LIAISON REPRESENTATIVES, COUNCIL
COMMITTEES AND NEW BUSINESS/OLD BUSINESS
New Business:
A. None
Old Business:
- Procurement
Policy – Currently being worked on.
Old Business/Old Business
Mr. Behrens stated that he had a call about Eyland Avenue
and the policy of not decorating your house for the Memorial Day Parade. Mr. Behrens stated that he spoke to Ms.
DeCroce and the Parade Committee decided that the lack of involvement by the
community was the reason. This can be looked at again in the future.
Mr. Hall stated that he has worked very hard this week with
regard to safety issues on turf fields.
Mr. Hall has handouts pertaining to safety issues and distributed them
to Council to review.
Mr. Hall stated that he attended the Board of Education
meeting last evening. Mr. Hill and Mr.
Perfetti stepped down as members of the Board of Education. They have spent years on the Committee and
gave valuable time to the residents of this township. Further, Mr. Hall stated that there was a
Recreation Meeting last Saturday.
Ms. DeFillippo asked if the Police have received the reports
about Rt. 206 from the other towns. Mr.
Raths will look into this and get back to her.
Ms. DeFillippo brought up for discussion the Habitat for
Humanity email from Sue Zellman and asked if it had been passed on to
employees. Mr. Raths confirmed that it
had been sent to the employees of the township.
On April 26th the 200 Club of Morris County is
having their yearly dinner and one of our Police Officers are being
honored. Council agreed that Councilman
Zoschak should attend.
Ms. DeFillippo stated that Investors Savings Bank is having
an Open House and is interested in our Main Street Project. Mr. Raths will follow up.
This Sunday is the MS Walk, which will be held at Horseshoe
Lake. Ms. DeFillippo stated that the
walk has become a tradition at Horseshoe Lake and she is appreciative of the
community for their participation
Mr. Schmidt stated that this Thursday night is the
Environmental Commission Meeting and they will be discussing the Lyons Farm
Environmental Garden.
Mr. Zoschak asked about the status of the security cameras
at the Shore Hills Park. Mr. Raths will
advise.
Mr. Zoschak asked about the Executive Session Minutes and
the problems other towns are having with regard to the release of minutes to
the public. Ms. DeCroce stated that the
information has been passed on to Mr. Bucco for further input.
Mayor Smith stated that he received a request from the
United Jewish Communities and they are asking for a representative from the
township. Mayor Smith stated that he
would like to be a part of it. Mayor
Smith asked that the letter be copied to Council and if any member of the
Council has a problem they could call him.
If Council does not respond then Mayor Smith will make contact and
participate.
Mayor Smith want to remind everyone that National Day of
Prayer is May 1st.
Mr. Raths is interviewing CFO’s and will keep Council
advised.
Mr. Raths stated that the Chief of Police Mark Noll would be
at the next meeting with regard to the hiring process and the minimum
conditions for hiring of new officers.
Mr. Raths also stated that the “Taste of Roxbury” is April
24th at the Court Yard Marriott. This is being arranged by the
Roxbury Township Economic Development Committee and the Roxbury Township
Chamber of Commerce.
MATERS REQUESTED/REFERRED BY COUNCIL MEMBERS, MANAGER,
ATTORNEY OR CLERK
Naming Rights
Council reviewed the document in the agenda.
Mr. Zoschak asked is the buyer purchasing the right to use
the name? Mayor Smith stated that it is
giving the contributor the right to use their name on township property.
#C “Substantial Violation of law”: Mr. Zoschak stated that he felt the
terminology would need to be stronger.
Mr. Zoschak questioned 7.1G Do we need the Planning Board’s
input. Council felt not.
Mr. Schmidt questioned Page 22 6-3 “the town council or
designee”. He would prefer just the town
council. This will be referred to the
attorney to look at. (Page 24 8.1)
Ms. DeFillippo stated the last page would need to be
numbered properly.
Mr. Hall felt that this was a long time in coming. We need revenue resources in the township to
help fund positive things for the township.
Mr. Hall would like the word “services” added to the section on in-kind
contributions.
Mr. Hall questioned Page 22 F – 20 Years – Mr. Hall wondered
if a lesser period of time would be better as the Board of Education is
doing. Mr. Woods stated that it is up to
20 years. Mr. Smith felt that 10 years
would be sufficient enough. Council would
like to change the length of time to 10 years. Naming rights would be solely
and exclusively approved by the Council.
Mr. Hall stated that the cosmetic issues should be approved
to form and regulated. Some companies
have logos that they may want to use.
Mr. Woods stated that if it were outrageous then the council would be
able to make that decision.
Ms. DeFillippo explained to the public present the current
projects that are being worked on and this would help finance those projects
for the benefit of the public.
Currently, Roxbury Art Cultural Center; Main Street Streetscaping; and
others in the process that need to have financial help to complete.
Mayor Smith added that page 22 6.5 d will be deleted from
the agreement.
The Township Attorney will revise and prepare a resolution
for approval of the policy.
Proclamation World Autism Day
Mayor Smith read the Proclamation.
DRAFT ORDINANCES FOR DISCUSSION
NONE
INTRODUCTION OF PROPOSED ORDINANCES
06-08 AN
ORDINANCE OF THE TOWNSHIP OF ROXBURY TO AMEND CHAPTER
VII, TRAFFIC, ARTICLE 7-3,PARKING OF THE REVISED
GENERAL ORDINANCES OF ROXBURY
TOWNSHIP
Mr. Zoschak made a motion to introduce. Mr. Schmidt seconded the motion.
Mr. Hall asked where they would park. Mr. Raths advised that it has been resolved.
Mr. Raths will send it back to the Police Department to
define 75’ section prior to second reading.
Roll Call: Mr.
Zoschak – Yes Mr. Schmidt
– Yes
Mr.
Behrens – Yes Ms.
DeFillippo – Yes
Mr.
Hall – Yes Mayor
Smith – Yes
Motion Carried 6 to 0
HEARING AND ADOPTION OF ORDINANCES ON SECOND READING
04-08 AN
ORDINANCE REPEALING SECTION 3-14, RECYCLING PROGRAM, OF CHAPTER III, POLICE
REGULATIONS AND ESTABLISHING
A NEW SECTION 22-7A, RECYCLING PROGRAM, IN
CHAPTER XXII, HEALTH REGULATIONS, OF THE REVISED GENERAL ORDINANCES OF THE
TOWNSHIP OF ROXBURY
Mr. Zoschak made a motion to open 04-08 to the public for
comment. Mr. Schmidt seconded the
motion.
Roll Call: Mr. Zoschak – Yes Mr. Schmidt – Yes
Mr.
Behrens – Yes Ms.
DeFillippo – Yes
Mr.
Hall – Yes Mayor
Smith – Yes
Motion Carried 6 to 0
No Public Comment
Mr. Zoschak made a motion to close 04-08 to the public. Mr. Schmidt seconded the motion.
Roll Call: Mr. Zoschak – Yes Mr. Schmidt – Yes
Mr.
Behrens – Yes Ms.
DeFillippo – Yes
Mr.
Hall – Yes Mayor
Smith – Yes
Motion Carried 6 to 0
Mr. Zoschak made a motion to adopt 04-08. Mr. Schmidt seconded the motion.
Roll Call: Mr. Zoschak – Yes Mr. Schmidt – Yes
Mr.
Behrens – Yes Ms.
DeFillippo – Yes
Mr.
Hall – Yes Mayor
Smith – Yes
Motion Carried 6 to 0
05-08
AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER V, ANIMAL CONTROL, SECTION 5-3, CONTROL OF
ANIMALS, SUBSECTION 5-3.13, REMOVAL AND DISPOSAL OF ANIMAL WASTES, OF THE
REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF ROXBURY
Mr. Schmidt made a motion to open 05-08 to the public. Mr. Zoschak seconded the motion.
Roll Call: Mr.
Schmidt – Yes Mr.
Zoschak – Yes
Mr.
Behrens – Yes Ms.
DeFillippo – Yes
Mr.
Hall – Yes Mayor
Smith – Yes
Motion Carried 6 to 0
No public Input
Ms. DeFillippo stated that this is another action by the
state costing the taxpayers additional expenses.
Mr. Behrens stated that it should be sent to the
Associations for notification. Ms.
DeFillippo asked about signage throughout the township. Mr. Raths stated that all the current signs
would need to be changed to reflect the new ordinance and he would forward it
to the different residential associations in town.
Mr. Zoschak made a motion to close the public portion. Mr. Schmidt seconded the motion.
Roll Call: Mr. Zoschak – Yes Mr. Schmidt – Yes
Mr.
Behrens – Yes Ms.
DeFillippo – Yes
Mr.
Hall – Yes Mayor
Smith – Yes
Motion Carried 6 to 0
Mr. Zoschak made a motion to adopt 05-08. Ms. DeFillippo seconded the motion.
Roll Call: Mr.
Zoschak – Yes Ms.
DeFillippo – Yes
Mr.
Behrens – Yes Mr. Hall –
Yes
Mr.
Schmidt – Yes Mayor
Smith – Yes
Motion Carried 6 to 0
INTRODUCTION AND ADOPTION OF RESOLUTIONS
08-117 A
RESOLUTION INCORPORATING BY REFERENCE HEREIN AND APPROVING
THE FOLLOWING NUMBERED RESOLUTIONS LISTED
ON THE REGULAR COUNCIL MEETING AGENDA FOR THIS
DATE: 08-118, 08-119, 08-120, 08-121,
08-122, 08-123, 08-124,
08-125, 08-126, 08-127, 08-128, 08-129, 08-130, 08-131.
Mr. Schmidt made a motion to approve 08-117. Ms. DeFillippo seconded the motion.
Roll Call: Mr.
Schmidt – Yes Ms.
DeFillippo – Yes
Mr.
Behrens – Yes Mr. Hall –
Yes
Mr.
Schmidt – Yes Mayor
Smith – Yes
Motion Carried 6 to 0
08-118 A
RESOLUTION APPROVING PARTICIPATION WITH THE STATE OF NEW JERSEY IN A SAFE AND SECURE COMMUNITIES
PROGRAM
ADMINISTERED BY THE DIVISION OF CRIMINAL JUSTICE,
DEPARTMENT OF LAW AND PUBLIC SAFETY
08-119 A
RESOLUTION APPROVING THE ANNUAL REPORT OF THE HEALTH
DEPARTMENT OF THE TOWNSHIP OF ROXBURY FOR THE
CALENDAR YEAR 2007
08-120 A
RESOLUTION APPROVING THE NEW JERSEY DEPARTMENT OF
TRANSPORTATION’S (NJDOT) APPLICATION FOR FEDERAL AID SAFE ROUTES TO SCHOOL PROGRAM FOR THE HILLSIDE AVENUE
SIDEWALK CONNECTION FROM THE LINCOLN/ROOSEVELT
SCHOOLS TO THE TOWNSHIP PUBLIC LIBRARY
08-121 A RESOLUTION APPROVING
CHANGE ORDER NO. 2 TO THE CONTRACT WITH SCHENLEY CONSTRUCTION,
INC. FOR THE DRAINAGE
AND ROAD IMPROVEMENTS TO EYLAND AVENUE PHASE
V PROJECT
08-122 A RESOLUTION AUTHORIZING THE
AWARD OF A CONTRACT TO
WALLY SPERGEL, INC FOR TRAFFIC SIGNAL IMPROVEMENTS
AT RIGHTER ROAD AND EYLAND AVENUE
08-123 A RESOLUTION AUTHORIZING AN
AMENDMENT TO THE
PROFESSIONAL
ARCHITECTURAL SERVICES CONTRACT
WITH
GATES ARCHITECTURAL DESIGN, INC. FOR
THE
DESIGN OF A PUBLIC WORKS FACILITY
08-124 A RESOLUTION AUTHORIZING THE
EXECUTION OF AN INDEMNIFICATION AGREEMENT BETWEEN
WELLFLEET DEVELOPER’S
INC AND THE TOWNSHIP
OF ROXBURY FOR THE VILLAGES AT ROXBURY
SUBDIVISION
08-125 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
08-126 RESOLUTION AUTHORIZING THE
REFUND OF APPLICATION FEE
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
08-127 A RESOLUTION AUTHORIZING THE
ACCEPTANCE OF A CASH
BOND FOR FINAL SITE PLAN FOR
EMANSE ESTATE LLC LOCATED
ON ROUTE 46, BLOCK 7502, LOT 6
Discussion took place with regard to paragraph four, fourth
line, which states Tree Removal Permit – this needs to be corrected with “sump
pump inlet”
08-128 a resolution amending the
membership of the township fire departments
08-129 RESOLUTION AUTHORIZING REFUND OF
TAXES FOR A
TOTALLY
DISABLED VETERAN EXEMPTION
08-130 A
RESOLUTION AUTHORIZING THE REFUND OF TAXES
08-131
A RESOLUTION AUTHORIZING THE PAYMENT OF BILLS
Mr. Behrens questioned bill # 47976 Sign-A-Rama in the
amount of $818.00. Mr. Raths will look
into and get back to Mr. Behrens.
Mr. Behrens questioned bill # 47989 Tom Valiante & Son
Inc. total amount of $6,025.00, which included King House – tank removal and
truck lettering. Mr. Raths will look
into and get back to Mr. Behrens.
PERSONNEL CHANGES
Memo from Judy Riley dated April 1, 2008
COMMUNICATIONS
March 28, 2008
#8 Correspondence
from Carol Wronko, to Mr. Raths, dated March 14, 2008, re: Possibility of Converting Evening Court
Session to Day Time Session: Mr. Zoschak
was concerned with the safety aspect of the building with court being held
during regular working hours when the entire building is open. Mr. Raths will address this with Judge Wronko
and get back to Council.
#10 Correspondence from Mt. Arlington Mayor Arthur Ondish to
Mayor Timothy Smith, dated March 14, 2008, re:
Mutual Aid: Mayor Smith asked if
we addressed this. Mr. Raths stated that
Chief Alberti will be meeting with regard to the Mutual Aid and Council will be
advised.
#13 Correspondence
from Lisa Jackson, Commissioner, NJDEP, to Mayor Smith dated March 17, 2008,
re: Clean Communities funding of $27,
940.91: Mr. Zoschak questioned if this
funding could be used to clean up Howard Boulevard.
#27 Correspondence
from Kris Koluri, Commissioner NJDOT, dated March 24, 2008 re: DOT Municipal
Aid, Bikeway, Centers of Place, Historic Bridge and Safe Streets to Transit
Programs: Mr. Zoschak questioned if the
funding could be used for Port Morris Sidewalks. Mr. Raths stated that it is set aside for
roadway improvements. The grant Safe
Streets to Transit could be utilized for sidewalks and also transportation
grants, which usually are a couple of thousand dollars. Mr. Zoschak recommended that Mr. Raths meet
with Netcong about joint ventures on sidewalks and park/ride.
#33 Mayors Fax
Advisory, dated March 26, 2008, re:
Support for Motor Vehicles Surcharge to Offset Property Tax Increases: Council would like Ms. DeCroce to prepare a
resolution.
April 4, 2008
#2 Correspondence
from Rick Blood, Assistant Director Public Works, to Tom Burbridge, MCMUA,
dated March 28, 2008, re: MCMUA Compost Facility Full Load Policy: Mr. Raths stated that Mr. Blood, Assistant
DPW Director and Mr. Kobylarz, DPW Director/Engineer were currently evaluating
the cost for composting at Nature’s Choice.
#6 Correspondence
from Township of Mine Hill, RE: Trail
Workshop, April 8, 2008: Mayor Smith stated
that this should be sent to the Trails Committee. Mr. Raths will forward the information.
PUBLIC PORTION
EXECUTIVE SESSION
08-132
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 go into Executive Session. Mr. Schmidt seconded the motion.
Roll Call: All In
Favor – Yes
Motion Carried 6 to 0
AT 9:40 PM Council went into Executive Session.
ADJOURNMENT
AT 9:55 PM Mr. Zoschak made a motion to adjourn the
Executive Session. Mr. Schmidt seconded
the motion.
Roll Call: All In
Favor – Yes
Motion Carried 6 to 0
Submitted By:
_________________________
BettyLou DeCroce
Township Clerk
MINUTES APPROVED BY COUNCIL
DATE: April 29, 2008
ROLL CALL: Mr. Hall – yes Mr. Zoschak – yes
Mr. Behrens
– yes Mrs. DeFillippo – yes
Mr. Rilee –
abstain Mr. Schmidt – yes
Mayor Smith
- yes