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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
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.
(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.
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
Roll Call: Mr.
Rilee – Yes Mr. Zoschak – Yes
Mr. Hall – Yes Mr. Schmidt – Yes
Motion Carried 7 – 0.
At 7:43PM, the Council went into executive Session. At 8:40PM the Council returned to the
Mayor Smith amended
the order of the agenda to the public portion.
Mr. Dennis Wine
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.
A RESOLUTION AUTHORIZING THE IMPLEMETATION OF THE
NAMING RIGHTS POLICY FOR COMMUNITY FACILITIES
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 opened
the meeting to the public.
Kevin Cummins, President
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
A. Procurement Policy
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
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
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
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.
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
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.
Mayor Smith read the Proclamation
D. SSC Application
for Social Affair May 10, 2008
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
Motion Carried 7 to 0.
AARP Senior Drivers
Mayor Smith read the Proclamation.
Session Minutes Policy
A resolution needs to be adopted approving the
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.
Mr. Behrens – Yes Ms. DeFillippo – Yes, recuse on March 11, 2008
Mr. Schmidt – Yes Mr. Zoschak – Yes, recuse on February 26, 2008
Smith – Yes
Motion carried 7 – 0 with one recusal on March 11th
and one recusal on February 26th .
APPROVAL OF MINUTES
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
Motion carried 6 – 0 with one abstention.
DRAFT ORDINANCES FOR
HEARING AND ADOPTION
OF ORDINANCES ON SECOND READING
ORDINANCE OF THE TOWNSHIP OF ROXBURY TO AMEND CHAPTER
VII, TRAFFIC, ARTICLE 7-3 PARKING, OF THE REVISED GENERAL ORDINANCE OF ROXBURY
Mr. Rilee made a motion to open Ordinance 06-08 to the
public. Mr. Schmidt seconded the motion.
No public comment
Mr. Rilee made a motion to close Ordinance 06-08 to the
public. Mr. Zoschak seconded the motion.
Mr. Rilee made a motion to adopt Ordinance 06-08. Mr. Zoschak seconded the motion.
Motion carried 7 – 0.
DRAFT RESOLUTIONS FOR
ADOPTION OF RESOLUTIONS
INCORPORATING BY REFERENCE HEREIN AND APPROVING THE FOLLOWING NUMBERED RESOLUTIONS
LISTED ON THE WORKSHOP COUNCIL MEETING AGENDA FOR THIS DATE:
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.
Hall-Yes Mr. Zoschak-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
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
RESOLUTION AUTHORIZING THE REFUND OF TAXES
RESOLUTION AUTHORIZING THE PAYMENT OF BILLS
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
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
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
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.
#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
Mr. Raths will
respond. Council is willing to commit to
$500 Pledge, only when asked.
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.
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.
Mr. Rilee made a motion to adjourn. Mr. Schmidt seconded the motion.
Roll Call: All
In Favor – Yes
MINUTES APPROVED BY
DATE: July 8, 2008
ROLL CALL: Mr. Rilee – yes Mr. Schmidt – yes
Behrens – yes Mrs. DeFillippo – yes
Zoschak - yes