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April 29, 2008

 

A Workshop Meeting of the Township Council of the Township of Roxbury was held on April 29, 2008 at 1715 Route 46, Ledgewood, New Jersey at 7:30 PM.

 

OPEN PUBLIC MEETING STATEMENT

Notice is hereby given that a Special Meeting of the Township Council of the Township of Roxbury will be held on Tuesday, April 29, 2008 at 7:30 PM at 1715 Route 46, Ledgewood, New Jersey.  This meeting is being held due to the cancellation of the April 22, 2008 Workshop Meeting because of the advanced notice of a lack of quorum of the Governing Body.

 

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 March 20, 2008; notice was posted on the bulletin board in the main hallway of the Municipal Building on March 20, 2008.

 

ROLL CALL (Present):  Deputy Mayor Kathy DeFillippo, 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 BettyLou DeCroce, Township Clerk

 

 

Mayor Smith amended the agenda to hear a presentation from Roxbury Rotary.

 

Roxbury Rotary Club President Ted Dunne was present and provided Council with a picture of a Gazebo that Rotary would like to build.  The Gazebo would be located about 25’ from the point of the island at Horseshoe Lake.  The Roxbury Rotary Club is looking for permission to move forward on this project.

 

The Council felt that the Gazebo is a worthy project and will be located in a very noticeable point of the island at Horseshoe Lake.

 

Mr. Rilee made a motion to approve the proposed donation of a Gazebo by The Roxbury Rotary Club.  Mr. Hall seconded the motion.

 

Roll Call:                      Mr. Rilee – Yes            Mr. Hall – Yes

Mr. Behrens – Yes       Ms. DeFillippo – Yes

Mr. Schmidt – Yes       Mr. Zoschak – Abstain

Mayor Smith – Yes

 

Motion Carried 6 – 0 with one abstention

 

 

Mayor Smith amended the order of the agenda to enter into Executive Session.

 

EXECUTIVE SESSION

08-143             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 08-143 for Executive Session.  Mr. Zoschak seconded the motion.

 

Roll Call:                      Mr. Rilee – Yes            Mr. Zoschak – Yes

Mr. Behrens – Yes       Ms. DeFillippo – Yes

Mr. Hall – Yes             Mr. Schmidt – Yes

Mayor Smith – Yes

 

Motion Carried 7 – 0.

 

At 7:43PM, the Council went into executive Session.  At 8:40PM the Council returned to the Workshop Meeting.

 

 

Mayor Smith amended the order of the agenda to the public portion.

 

PUBLIC PORTION

 

Mr. Dennis Wine

4 Holly Drive

Succasunna, NJ

 

Mr. Wine stated that he thought the Public Garden was a good idea.

 

Mr. Wine stated that he has been reading about COAH in the news.  He asked if the Township was objecting to the state recommendations/rules.  Mr. Rilee stated that the Township is closely following COAH developments.  Mr. Hall stated that the Township has sent letters and attended information sessions at the State level.

 

 

Mayor Smith amended the order of the agenda to discuss the Naming Rights policy and corresponding resolution No. 08-139.

 

08-139  A RESOLUTION AUTHORIZING THE IMPLEMETATION OF THE NAMING RIGHTS POLICY FOR COMMUNITY FACILITIES

The Council discussed the Naming Rights policy.  The Council had various questions pertaining to the length of time that a name would be associated with a facility.  Mr. Hall stated that the policy currently states that it is not to exceed ten (10) years.  Mr. Rilee felt that it was important for the Council to be able to control it for five (5) years.

 

The Council agreed to allow Naming Rights commitments for fixed terms, not to exceed five (5) years, with an option for a five (5) year extension.  It was agreed that Naming Rights for non-profit entities would not extend beyond the conclusion of any a lease.

 

Mr. Hall made a motion to adopt resolution 08-139.  Mr. Behrens seconded the motion.

 

Roll Call:                      Mr. Hall – Yes             Mr. Behrens – Yes

Ms. DeFillippo - Yes    Mr. Rilee – Yes

Mr. Schmidt – Yes       Mr. Zoschak – Yes

Mayor Smith – Yes

 

Motion Carried 7 – 0.

 

 

Mayor Smith opened the meeting to the public.

 

Kevin Cummins, President

Investors Savings Bank

 

Mr. Cummins thanked the Council for the opportunity to help the residents of the community.  Mr. Hall thanked Mr. Cummins for his efforts to promote corporate citizenship.   Mr. Hall also expressed appreciation for the donations to the Township of Roxbury.

 

Mayor Smith closed the Public Portion

 

 

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

 

New Business:

 

 

Old Business:

A.  Procurement Policy (not discussed)

 

B.  Forestry Management Plan-Shade Tree Inventory

 

Rick Blood, Assistant DPW Director gave a presentation of the Forestry Management Plan.

Mr. Blood stated that the 2006 grant money received from Morris Tomorrow was used to conduct an inventory of trees lining Township streets and Memory Lane around Horseshoe Lake.  Data was collected in regard to species, physical condition, potential hazards associated with each tree, as well as, appropriateness of location and size of each tree. 

 

Mr. Blood pointed out the correlation between necessary sidewalk repairs and the tree plantings throughout the Township.

 

Mr. Blood handed out a report for review by the Governing Body.  The report recommended that the next step should be implementing a state approved management plan, including a Shade Tree Committee, in order to continue working toward a comprehensive Forestry Management Plan, which, once fully implemented by the Township, would serve to alleviate liability in regard to tree and sidewalk related issues.

 

Mr. Schmidt stated that Neighbors Helping Neighbors would be held Saturday, May 3, 2008.

 

Mr. Schmidt stated that the Environmental Commission would be conducting a detention basin cleanup on Mooney Mountain on May 4, 2008.

 

Mr. Schmidt asked about Horseshoe Lake security, including video cameras.  Mr. Raths responded that he was awaiting the proposal from the vendor.

 

Mr. Zoschak stated that there was a Lake Hopatcong Commission meeting on Monday, April 21, 2008.  The 319 Grant was awarded, but the Township did not receive the second 319 Grant for the big basin, therefore we are putting that portion on hold.

 

Mr. Zoschak stated that the County installed a new guardrail at 1 Landing Road.

 

Mr. Zoschak stated that the Landing seawall is to be installed in the fall of 2008.  The seawall will be constructed of prefab concrete blocks.

 

Mr. Zoschak asked Mr. Raths about the status of implementing the use credit cards for payments to the Court.  Mr. Raths will follow up.

 

Mr. Zoschak reported on a new publication, “The Lake Hopatcong Times”, which is published by two local children.

 

Mr. Zoschak asked about the current status of the contract with Cablevision.  Mr. Raths stated that, when negotiating the contract, we cannot object to which channels will be available.  Mr. Raths stated that the next Cable Committee meeting would be held at the end of May 2008.

 

Mr. Zoschak stated that he had received a phone call during the week from a Succasunna Road resident thanking the Township for paving the road in front of her house.  The resident asked when the remaining portion of the road would be paved.  The remaining portion that she was referring to is in Mt. Arlington.

 

Mr. Zoschak stated that he received a complaint letter from Mr. James & Karen Wilk.  Mr. Raths stated that he has spoken to them and they do not understand our program.

 

Mr. Zoschak stated that he attended the Morris 200 Club Dinner, on April 26, 2008, honoring Officer Gerard Hardiman who was given the Meritorious Award for service & valor.

 

Mr. Rilee asked for the TAB Group shredding service and document management issue to be included on the next agenda.  Ms. DeCroce will call and discuss with him.

 

Mr. Rilee asked about the Woodmont letter in the confidential package.  Mr. Raths stated that they met and discussed their proposal.  Mr. Rilee stated that he felt the Settlement Agreement needs to be reviewed before any consideration is given to them.  Mr. Raths stated that they are willing to meet with  the Planning Board.

 

Mr. Hall stated that we got a ‘Cheer’ in the Daily Record on the MS Walk.

 

Mr. Hall complimented the Eyland Avenue project completion.

 

Mr. Hall announced the names of the new Board of Education members, President and Vice President. 

 

Mr. Hall distributed information to Council pertaining to the Roxbury Track Team winning a national award.  Mr. Hall felt that they deserve credit for their hard work and determination.  Mr. Hall recommended that Council present a plaque to the Track Team in recognition of their efforts and accomplishments.

 

Mr. Hall stated that the Board of Education is getting numerous OPRA requests pertaining to computer use.  Mr. Hall stated that the Township should be ready for similar types of request regarding emails.

 

Mr. Hall asked if there is an update on shared services for field maintenance.  Mr. Raths will look into and advise.

 

Ms. DeFillippo asked about the Water & Sewer meeting.  Mr. Raths stated that he is going to try to reschedule.

 

Ms. DeFillippo asked if anyone would be able to attend Prayer Day on May 1, 2008.

 

Ms. DeFillippo asked if the non-profit groups had received contributions from Cablevision due to Roxbury franchise credits being sent to other towns incorrectly.  Mr. Raths stated that he was waiting to receive contribution request forms or letters from the organizations.  Mr. Raths will forward the requests to Cablevision upon receipt so that the checks can be processed.

 

Ms. DeFillippo asked about the re-scheduling of the Hercules Tour.  Ms. DeFillippo, Mr. Rilee and Mr. Behrens expressed the desire to tour the property.  Discussion took place in regard to a mutually acceptable date and time.  The tour will take place on May 22nd after 2:00 PM.  Mr. Raths will confirm.

 

Ms. DeFillippo asked that, in the future, the Neighborhood Meeting dates be publicized in the ‘Roxbury Image’ newsletter.  Ms. DeFillippo also asked that, in the future, Council be given the opportunity to have input as to the content of the ‘Roxbury Image’ newsletter. 

 

Ms. DeFillippo stated that she would not be able to attend the Neighborhood Meeting on Thursday May 29th.

 

Ms. DeFillippo stated that the MS Walk was a success.

 

Ms. DeFillippo stated that the Roxbury Women’s Club is having a Blood Drive on Saturday, May 3rd, from 9:00am – 2:00pm at Company #1 Firehouse.

 

Ms. DeFillippo asked about the status of the Police Report in regard to Route 206.  Mr. Raths stated that he is working on this with Chief Noll.

 

Ms. DeFillippo stated that the McFlowertown Award went to Fresenius Medical Center located at Berkshire Valley Road & Route 46.

 

Mr. Zoschak stated that the EDC & Taste of Roxbury was held.

 

Ms. DeFillippo stated that Mr. Zoschak asked her to report on community development revenue sharing.  Roxbury has been assigned to serve on the “Services” panel for 2009-2010. 

 

Mayor Smith stated that there is a Homeland Security/FEMA: Preparing for Hurricanes seminar on May 13th from 9am to 12pm.  Ms. DeCroce will forward to Bob Hackett.

 

Mayor Smith stated that the New Jersey Business and Industry Association is looking for nominees of a company in town to receive the “Award for Excellence”.  Ms. DeFillippo suggested that the Township recommend Michael Shadiack from EDC to review possible recipients for the award.

 

Mr. Raths stated that the NJ DOT has informed the Township that there will be a public information presentation on May 14th from 4:00 to 7:00pm at Mt. Arlington town hall in regard to the Route 80 rockwork that will be starting soon.

 

Mr. Raths stated that NJ Transit has approached Hercules about the problem with parking at the Mt. Arlington train station.  Mr. Raths will be meeting with a NJ Transit representative & a Hercules representative on May 14th at 2:00pm to discuss.

 

Mr. Raths stated that he is still searching for a CFO.

 

Mr. Bucco stated that the closing of the Villages project is to be held tomorrow, April 30, 2008.

 

Ms. DeCroce stated that she would be holding a Memorial Day Parade committee meeting on April 30th, 2008 at 3:00pm.  Ms. DeCroce asked who would be attending the Parade.  Council members responded.

 

Ms. DeCroce stated that she would be attending a training session on April 30th, 2008, at the Police & Fire Academy, about information regarding the position of Public Information Officer.  Ms. DeCroce stated that she also received notification about the county having another meeting on May 19th 2008 in Morristown.

 

 

PUBLIC PORTION

Previously Discussed

 

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

 

A.  Mutual Aid Agreement with Picatinny Arsenal’s Fire and Emergency services

Mr. Bucco will review and prepare a resolution for a future agenda.

B.  Habitat for Humanity, 11 Salmon Road

 Mr. Bucco stated that this property is not in our spending plan so we would have to amend our plan.  COAH will not accept any changes until after June 6th.  We will need a resolution amending our spending plan and then, depending on the COAH ruling, we would have to wait and find out the amount required for payment and the amount that will be counted as a COAH obligation.  Council wants to make sure that we receive the COAH credit.

C.  Proclamation-Day of Prayer

Mayor Smith read the Proclamation

D.  SSC Application for Social Affair May 10, 2008

E.  SSC Application for Social Affair May 17, 2008

 

Mr. Rilee made a motion to move items D & E.  Mr. Schmidt seconded the motion.

 

Roll Call:                      Mr. Rilee – Yes            Mr. Schmidt – Yes

Mr. Behrens - Yes        Ms. DeFillippo – Yes

Mr. Hall – Yes             Mr. Zoschak – Yes

Mayor Smith – Yes

 

Motion Carried 7 to 0.

 

F.  Proclamation AARP Senior Drivers

Mayor Smith read the Proclamation.

G.  Executive Session Minutes Policy

 A resolution needs to be adopted approving the policy.

 

 

 

APPROVAL OF MINUTES

February 26, 2008 Executive Session

March 11, 2008 Regular Meeting

March 25, 2008 Workshop/Budget Meeting

 

Mr. Rilee made a motion to approve the above Minutes.  Mr. Hall seconded the motion.

 

Roll Call:                      Mr. Rilee – Yes            Mr. Hall – Yes

Mr. Behrens – Yes       Ms. DeFillippo – Yes, recuse on March 11, 2008

Mr. Schmidt – Yes       Mr. Zoschak – Yes, recuse on February 26, 2008

Mayor Smith – Yes

 

Motion carried 7 – 0 with one recusal on March 11th and one recusal on February 26th .

 

 

APPROVAL OF MINUTES (continued)

April 8, 2008 Regular Meeting

April 8, 2008 Executive Session

 

Mr. Hall made a motion to approve the above Minutes.  Mr. Zoschak seconded the motion.

 

Roll Call:                      Mr. Hall – Yes             Mr. Zoschak – Yes

Mr. Behrens – Yes       Ms. DeFillippo – Yes

Mr. Rilee – Abstain      Mr. Schmidt – Yes

Mayor Smith – Yes

 

Motion carried 6 – 0 with one abstention.

 

 

DRAFT ORDINANCES FOR DISCUSSION

None

 

INTRODUCTION OF PROPOSED ORDINANCES

None

 

HEARING AND ADOPTION OF ORDINANCES ON SECOND READING

06-08               AN ORDINANCE OF THE TOWNSHIP OF ROXBURY TO AMEND                   CHAPTER VII, TRAFFIC, ARTICLE 7-3 PARKING, OF THE REVISED     GENERAL ORDINANCE OF ROXBURY TOWNSHIP

 

Mr. Rilee made a motion to open Ordinance 06-08 to the public.  Mr. Schmidt seconded the motion.

 

Roll Call:                      Mr. Rilee – Yes            Mr. Schmidt – Yes

Mr. Behrens - Yes        Ms. DeFillippo – Yes

Mr. Hall – Yes             Mr. Zoschak – Yes

Mayor Smith – Yes

 

Motion Carried 7 to 0.

 

 

No public comment

 

Mr. Rilee made a motion to close Ordinance 06-08 to the public.  Mr. Zoschak seconded the motion.

 

Roll Call:                      Mr. Rilee – Yes            Mr. Zoschak – Yes

Mr. Behrens - Yes        Ms. DeFillippo – Yes

Mr. Hall – Yes             Mr. Schmidt – Yes

Mayor Smith – Yes

 

Motion Carried 7 to 0.

 

 

Mr. Rilee made a motion to adopt Ordinance 06-08.  Mr. Zoschak seconded the motion.

 

Roll Call:                      Mr. Rilee – Yes            Mr. Zoschak – Yes

Mr. Behrens – Yes       Ms. DeFillippo – Yes

Mr. Hall – Yes             Mr. Schmidt – Yes

Mayor Smith – Yes

 

Motion carried 7 – 0.

 

DRAFT RESOLUTIONS FOR DISCUSSION

None

 

INTRODUCTION AND ADOPTION OF RESOLUTIONS

 

08-133             RESOLUTION INCORPORATING BY REFERENCE HEREIN AND           APPROVING THE FOLLOWING NUMBERED RESOLUTIONS LISTED ON THE WORKSHOP COUNCIL MEETING AGENDA FOR THIS DATE:

08-134, 08-135, 08-136, 08-137, 08-140, 08-141, 08-142

 

Mr. Rilee made a motion to adopt Resolution 08-133. Mr. Schmidt seconded the motion.

 

Roll Call:                      Mr. Rilee-Yes                                Mr. Schmidt-Yes (abstain on ck# 48006)

Mr. Behrens-Yes (abstain on ck # 48054) Ms. DeFillippo-Yes

Mr. Hall-Yes                                  Mr. Zoschak-Yes

Mayor Smith-Yes

 

Motion carried 7 to 0 with one abstention from check # 48054 and one abstention from check # 48006.

 

08-134             A RESOLUTION AUTHORIZING A SANITARY SEWER ALLOCATION TO VIVIAN LIST FOR THE PROPERTY LOCATED AT 31 FERRO MONTE AVENUE, KENVIL BLOCK 2604, LOT 1

 

08-135             A RESOLUTION AUTHORIZING THE PURCHASE OF TWO XTS 2500 MODEL1.5WHF, 450-520MHZ PORTABLE RADIO AND TWO VTL 2500, 450-520 MHZ MOBILE RADIO

 

08-136             A RESOLUTION AUTHORIZING THE TOWNSHIP TO APPLY TO THE DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR THE 2007 RECYCLING TONNAGE GRANT

 

08-137             A RESOLUTION AUTHORIZING THE PURCHASE OF MICROSTRAINER GRIDS AND ACCESSORIES FOR THE SEWER UTILITY FROM SIEMANS WATER TECHNOLOGIES

Council asked if the price included shipping costs.  Mr. Raths stated that he would check and get back to Council.

 

08-138             PULLED - A RESOLUTION ENDORSING AN INCREASE IN STATE POLICE SURCHARGES TO FUND STATE BUDGET SHORTFALLS IN LIEU OF RELIANCE UPON LOCAL PURPOSE TAX INCREASES

 

08-140             A RESOLUTION AUTHORIZING THE REFUND OF TAXES

 

08-141             A RESOLUTION AUTHORIZING THE REFUND OF TAXES

                       

08-142             A RESOLUTION AUTHORIZING THE PAYMENT OF BILLS

 

 

 

 

 

 

 

 

COMMUNICATIONS

 April 11, 2008

#4 Correspondence from Linda Murphy, Morris County Shared Services Coordinator, to Municipal Administrators/Managers, dated March 26,2008, re:  Shared Shredding Service for Confidential and Sensitive Materials.

Ms. DeFillippo asked if we are pursuing.  Ms. DeCroce responded that she has responded to this per Mr. Raths’ request and that we are definitely interested in this as a shared service.

 

 April 18, 2008

#12 Correspondence from Heather Darling, Esq., dated April 11, 2008, re:  Resignation as Alternate Prosecutor.

Mr. Rilee stated that we do not appoint a position of alternate Public Defender.  Council members support her interest and will relay to the current Public Defender.

 

#14 Correspondence from Tom Burbridge, MCMUA, dated April 10, 2008, re:  MCMUA Compost Facility Full Load Policy and Proposed Rate Increase.

Mr. Zoschak asked if this is the only option.  Mr. Raths stated that we cannot go anywhere else.  Mr. Raths will send a letter to the Freeholders expressing our concerns with this and the burden that it puts on municipalities.

 

 April 25, 2008

#2 Correspondence from Barbara Murray, Morris County Department of Planning, dated April 17, 2008, re:  Morris County Open Space Trust Fund Grants “Landing Recreation Project” and “Veteran’s Park-Emmans Greenway Link”.

Mr. Raths and Dave Stierli will be attending.

 

#3 Correspondence from Darren Carney, Randolph Township Planning and Zoning Administrator, dated April 17, 2008, re:  Public Hearing to Amend the Recycling Element of the Master Plan.

and

#4 Correspondence from Patricia Korpos, Mine Hill Township Municipal Clerk, dated April 18, 2008, re:  Ordinance Amending Mine Hill Township Land Development Code to Require Recycling Plans to be Submitted as Part of the Site Plan and Subdivision Applications.

Mr. Zoschak asked if the recycling plan would be retroactive.  Mr. Raths stated that since it is now part of the ordinance that all applicants must comply with it.

 

#9 Mayors Fax Advisory, dated April 21, 2008, re:  COAH Regulations/Affordable Housing

Mr. Raths will respond.  Council is willing to commit to $500 Pledge, only when asked.

 

#11 Interoffice Memorandum from BettyLou DeCroce, to Anthony Bucco, dated April 22,2008, re:  Financial Disclosure Statement

Ms. DeFillippo asked Mr. Bucco if this needs to be addressed.  Mr. Bucco stated that he would be sending his opinion to Ms. DeCroce.

 

EXECUTIVE SESSION

Previously discussed

 

Ms. DeCroce stated that she had hired a new employee for the position of Administrative Aide in the Municipal Clerk’s office.  Her name is Amy Rhead.

 

 

ADJOURNMENT

 

Mr. Rilee made a motion to adjourn.  Mr. Schmidt seconded the motion.

 

Roll Call:          All In Favor – Yes

 

Motion Carried 7 – 0.

 

 

 

 

Submitted By:

 

 

 

_____________________

BettyLou DeCroce

Township Clerk

MINUTES APPROVED BY COUNCIL

DATE:                        July 8, 2008

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

                                    Mr. Behrens – yes        Mrs. DeFillippo – yes

                                    Mr. Zoschak - yes