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July 22, 2008
A Workshop Meeting of the Township Council of the Township
of Roxbury was held on July 22, 2008 at 1715 Route 46, Ledgewood, New Jersey at
OPEN PUBLIC MEETING SATEMENT
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.
(Present): Deputy Mayor Kathy DeFillippo, Councilmen Gary Behrens,
Fred Hall, Jim Rilee, Martin Schmidt and Richard Zoschak
Due to the absence of Mayor Timothy Smith, Deputy Mayor
Kathy DeFillippo presided over the meeting.
OPEN SPACE AND FARMLAND PRESERVATION TRUST FUND PUBLIC
In accordance with the Rules and Regulations of the Morris
County Open Space and Farmland Preservation Trust Fund, the Governing Body of the
Township of Roxbury will conduct a Public Hearing on the application for County
grant funding for 15.86 acres owned by WWRM Partnership, c/o W. McNear, 165
Ledgewood Landing Road, Block 10101, Lot 23, on Tuesday, July 22, 2008 at 7:30
PM at the Township Municipal Building, 1715 Route 46, Ledgewood, New Jersey
Mr. Rilee stated that there had been an application that was
filed approximately three years ago, in which a subsequent grant was awarded to
the Township of Roxbury for a parcel of land in Landing to be used for
recreation. Mr. Rilee further explained
that the previous grant award had a deadline that expired, so this resolution
and reapplication is necessary at this time.
08-291 A RESOLUTION AUTHORIZING THE FILING OF A
APPLICATION WITH THE MORRIS COUNTY OPEN SPACE AND FARMLAND PRESERVATION
TRUST FUND FOR ACQUISITION OF 165 LEDGEWOOD-LANDING ROAD, LANDING, NJ BLOCK
10101, LOT 23 (COMMONLY KNOWN AS MC NEAR PROPERTY)
Deputy Mayor DeFillippo opened the
meeting to the public for discussion on Resolution 08-291
No Public comment
Close to the Public
Mr. Rilee made a motion to move 08-291. Mr. Schmidt seconded the motion.
Roll Call: Mr.
Rilee – Yes Mr. Schmidt – Yes
Behrens – Yes Mr. Hall – Yes
Zoschak – Yes Deputy Mayor DeFillippo
Motion Carried 6-0.
REPORTS OF COUNCIL LIAISON REPRESENTATIVES, COUNCIL
COMMITTEES, AND OLD BUSINESS/NEW BUSINESS
Mr. Schmidt updated the Council on the security system at Horseshoe Lake.
Mr. Schmidt stated that the vendor was finishing up installation and
that he, along with Dave Stierli and Officers Brand and Gordon, reviewed the
camera locations today. Mr. Schmidt
stated that there are five cameras. They
will be aimed at the Memorial, the concession stand, the field, behind the band
shell, and at Horseshoe
Lake itself. Mr. Raths stated that the first test of the
completed system is scheduled to take place on Friday, July 25, 2008.
Mr. Schmidt discussed Mt. Olive’s
“Our Town” Recreation publication and the possibility of advancing the
production of a similar brochure for Roxbury.
Mr. Schmidt stated that the publication would be a reference resource
for residents to obtain Township Recreation information and schedules. The Recreation Department would have complete
editorial control. Advertisements would
completely pay for the quarterly issue; therefore, there is no cost to the
Jen Russo, owners of
39 Henry Street, Succasunna
Ms. Russo elaborated on the content of the “Our Town”
Recreation newsletter. She stated that
there will not be any articles and the only content is solely created by the
Township Recreation Department. It is to
be sent home from the schools with students, therefore there is no mailing cost
to the Township.
Mr. Zoschak made a motion to move forward with an issue of
“Our Town” Recreation edition for Roxbury
Township contingent upon
the Recreation Committee’s approval. Mr.
Schmidt seconded the motion.
Roll Call: Mr.
Zoschak – Yes Mr. Schmidt – Yes
Mr. Rilee – Yes Deputy Mayor DeFillippo – Yes
Motion carried 6 to 0.
Mr. Zoschak attended a Lake Hopatcong Commission meeting
last night. Mr. Zoschak stated that Mr.
Nick DePalma would be resigning from his position as alternate member on the
Lake Hopatcong Commission, as well as from his position as a member of Lake
Musconetcong Regional Planning Board.
Mr. Zoschak suggested John Wetzel for appointment as a replacement for
the alternate position for the Lake Hopatcong Commission.
Mr. Zoschak stated that the Roxbury stormwater plan was
Mr. Zoschak stated that a boat count was completed with a
final tally of approximately 4500 boats on Lake Hopatcong.
Mr. Zoschak asked when the Nutrition Center
would be moving. Mr. Raths stated that
there are no definite plans at the moment.
Mr. Rilee spoke about the M&E contract that was
presented at the last meeting. Mr. Rilee
stated that we need to be proactive in reference to some of the language in the
contract, which may give us the ability to put some things in place to have
some control. He stated that he feels
that it is important that Mr. Bucco look at the contract again. Mr. Raths stated that he had received an email
today from Mr. Rohsler who suggested that the Township staff and M&E have a
meeting to talk about the operations and/or to do a scenario at the
location. The Council agreed.
Mr. Rilee discussed his concerns about the Commerce
Boulevard & Route 10 project. He
stated that the initial project cost was $30 million dollars; the second
project cost, which cut costs by cutting right-of-way purchases, was $18
million dollars; and, now, with construction and right-of-way purchases, the
cost is down to $7.2 million dollars.
Mr. Rilee stated that by allowing them to do this they are going to
abandon the Commerce Boulevard
project. Mr. Raths read a letter he
received today from Senator Bucco’s office to Commissioner Kolluri from the NJ
Department of Transportation agreeing that this is an ill-conceived remedy on
the part of the NJDOT and asked for the previously approved project of $17.7
million to move forward. The Senator
indicated that he expects that to be the project that the NJDOT moves
forward. Mr. Raths will send a letter.
Mr. Rilee requested that Mr. Raths set up a COAH committee
meeting. Mr. Rilee stated that we need
to keep Highlands and COAH at the forefront
and we need to have a COAH plan by the end of the year.
Mr. Behrens stated that he received a call from a resident
on Mapledale regarding water issues. Mr.
Blood will look into this.
Mr. Hall would like Mr. Raths to speak to Verizon, prior to
next year, in regard to the increase in revenue stream as a result of our Cable
Mr. Hall stated that the Black River Trail approval from the
County is still not finalized.
Mr. Hall stated that he tried one of the new email addresses
that the Township put in place as part of OPRA compliance. Mr. Hall asked about the policy on email
Mr. Hall stated that he had a Shared Services meeting with
the Board of Education and they are working on a number of projects.
Mr. Raths spoke about the Township’s opportunity to have
field #1 at Horseshoe
Lake completely sodded
and laser graded. The approximately
$30,000 in funds that are needed are available under Phase I. The Council agreed to move forward.
Mr. Rilee made a motion to authorize the Township Manager to
move forward and obtain the sod. Mr.
Schmidt seconded the motion.
Deputy Mayor DeFillippo stated that there would be an EDC
meeting on Thursday, July 24, 2008.
Mr. Bucco stated that the previous appointment of Linda Lutz
to the Planning Board as a ‘Class 2’ member needed to be adjusted to make her a
‘Class 4’ member due to the structure established in the land development
laws. Mr. Bucco requested that the
Clerk’s office double check how each member is listed, by class, to see if
adjustments need to be made.
Mr. Raths stated that there will be a DPW meeting on August
11, 2008 at 7:00pm. The site plan and
designs will be reviewed.
A. Procurement Policy
Horseshoe Lake Presentation- Marty Schmidt
Mr. Schmidt gave a
power point presentation to Council regarding the maintenance of the trees at Horseshoe Lake.
Mr. Schmidt expressed concern about the long-term health of the trees
and would like to start a group, “Horseshoe Lake Conservancy”, to establish a
long-range plan for the maintenance and development of goals for the
property. Mr. Schmidt stated that Tree
King offered to send two crews for a full day to work from the island to the
band shell, including the War Memorial area for $4,500. Mr. Schmidt estimates that it would cost
approximately $15,000 to $20,000 to do accomplish everything that he addressed,
with the exception of the forest. Mr.
Bucco stated that the Township needs to look at trees that have been identified
as a safety issue and obtain a price to have them removed. Mr. Raths will check to see if SLAP would be
available to pick up the brush. Mr.
Schmidt will get an estimate to rectify the most serious issues.
Mr. Wine asked about the status of the proposed railroad at Horseshoe Lake.
Mr. Zoschak advised that, several years ago, there was a club that put
the track back together, but they have since disbanded. Therefore, the status of the railroad at Horseshoe Lake is in limbo at the moment.
Mr. Kirchgessner concurred with Mr. Schmidt’s Horseshoe Lake report. He also discussed the
deteriorating condition of the monuments.
Mr. Raths stated that the Council has appropriated money for Memory Lane. Mr.
Raths will check to see when work will begin.
Mr. Raths will have a resolution prepared for the next agenda for the
Mr. Kluska stated that volunteers could help take care of
Mr. Kluska stated that the agendas are up to date on the web
Close Public Portion
Mr. Zoschak asked who was responsible for the VFW
dumpster. Mr. Raths will look into this.
At 9:15pm the Council took a break. The Council returned at 9:25pm.
MATTERS REQUESTED/REFERRED BY COUNCIL MEMBERS, MANAGER,
ATTORNEY OR CLERK
Amended Agenda to Item
Revenue Expenditure Reports
Ms. Spring presented the second quarter report to the
Council. The Council asked whether the
Legal revenue and expenses were broken down properly. Mr. Bucco stated that they were correct and
that he has been working with Lisa to get her the monthly escrow breakouts, so
that they can be more readily extracted.
Ms. Spring stated that there was a transfer allocation made in July,
between Engineering and Tax Collector, where sections get allocated and
reallocated to water and sewer, which this report does not reflect. Ms. Spring stated that the July transfers
corrected the irregularities that appear on the report ending June 30,
2008. Mr. Raths stated that if we
continue to expend, the utilities could end up being as much as $200,000 over
budget. The Council discussed ways to
save fuel. Mr. Schmidt stated that he
has been told that the trash compactor at recycling yard is constantly
running. Mr. Blood will check into
this. Mr. Hall asked what type of fuel
we are using. Mr. Blood stated that the
Board of Education purchases mid-grade fuel.
Mr. Hall will address this at his next Shared Services meeting.
Amended Agenda to Item
F. Status Report of old ordinances
Ms. Spring presented
a chart of old ordinances. The
ordinances were split into two categories of recommendations: one to cancel or reauthorize the ordinance,
the other to hold the balance of the ordinance. Ms. Spring stated that most of these
ordinances are not fully funded by the Township. Ms. Spring explained that through a bond
anticipation note, the Township borrowed money in order to fund that particular
ordinance. If we cancel a balance on
these ordinances, we are only lowering our debt, and if we authorize for
another use, we are increasing debt, which equates to an effect of net
zero. Mr. Raths will be meeting with
Engineering and DPW on these issues. Mr.
Raths reminded the Council that they have already, through the budget process,
approved the reauthorization of some of the old debt as an offset in the
capital budget. Mr. Raths will come back
to Council with direct recommendations.
A. Proclamation – Ovarian Cancer
DeFillippo read the proclamation that proclaims September 2008 as Ovarian
Cancer Awareness month
Baptist Church Peach Festival Road Closing
C. Block Party Dickenson Court
Mr. Rilee made a
motion to approve items B and C as listed above. Mr. Schmidt seconded the motion.
D. Revision of Construction/Building Fee
The Ordinance will
be on the next agenda.
Revenue Expenditure Reports – Previously
F. Status Report of old ordinances – Previously discussed
G. Performing Arts Agreement – Will be discussed at a
APPROVAL OF MINUTES
June 11th - Regular
July 8th - Executive
Mr. Zoschak made a motion to approve the minutes as listed
above. Mr. Schmidt seconded the motion.
Roll Call: Mr. Zoschak - Yes Mr.
Schmidt – Yes
Behrens – Yes, abstain
on June 24, 2008 Mr. Hall – Yes
Mr. Rilee – Yes Deputy
Mayor DeFillippo - Yes
Motion Carried 6 to 0 with 1 abstention on June 24, 2008.
DRAFT ORDINANCES FOR DISCUSSION
INTRODUCTION OF PROPOSED ORDINANCES
HEARING AND ADOPTION OF ORDINANCES ON SECOND READING
DRAFT RESOLUTION FOR DISCUSSION
INTRODUCTION AND ADOPTION OF RESOLUTIONS
08-277 A RESOLUTION INCORPORATING BY REFERENCE
HEREIN AND APPROVING THE FOLLOWING NUMBERED RESOLUTIONS LISTED ON THE WORKSHOP
COUNCIL MEETING AGENDA FOR THIS DATE: 08-278, 08-279, 08-280, 08-281,
08-282, 08-283, 08-284, 08-285, 08-286, 08-287, 08-288, 08-289, 08-290, 08-292,
08-293, 08-294, 08-295, 08-296, 08-297, 08-298, 08-299, 08-300, 08-301, 08-302,
Mr. Rilee made a motion to adopt 08-277. Mr. Schmidt seconded the motion.
Roll Call: Mr.
Rilee - Yes Mr.
Schmidt - Yes
Mr. Behrens –
Yes Mr. Hall – Yes with abstentions on check
numbers: 08-57727-items 40 & 41
Mr. Zoschak –
Yes Deputy Mayor
DeFillippo - Yes
Motion carried 6 to 0, with one abstention on check number: 08-57727-items 40 and 41.
08-278 A RESOLUTION AUTHORIZING THE RELEASE OF A PERFORMANCE GUARANTEE POSTED
FOR RIGHT-OF-WAY EXCAVATION PERMIT NO. SEP2507, 66 EMMANS ROAD, LEDGEWOOD; BLOCK 6001, LOT 36
08-279 A RESOLUTION AUTHORIZING THE RELEASE OF A PERFORMANCE GUARANTEE POSTED
FOR RIGHT-OF-WAY EXCAVATION PERMIT NO. RO-05-08-041, 52 HENRY STREET, SUCCASUNNA; BLOCK 2907,
08-280 A RESOLUTION AUTHORIZING THE RELEASE OF A PERFORMANCE GUARANTEE POSTED
FOR RIGHT-OF-WAY EXCAVATION PERMIT NO. RO-05-08-022, 232 MOUNTAIN LANE, FLANDERS;
BLOCK 9202, LOT 20
08-281 A RESOLUTION AUTHORIZING THE RELEASE OF A PERFORMANCE GUARANTEE POSTED
FOR RIGHT-OF-WAY EXCAVATION PERMIT NO.RO-05-08-036, 39 RIVENDELL ROAD,
SUCCASUNNA; BLOCK 3301, LOT 45
08-282 A RESOLUTION AUTHORIZING THE RELEASE OF A PERFORMANCE GUARANTEE POSTED
FOR RIGHT-OF-WAY EXCAVATION PERMIT NO.RO-05-08-046, 33 PATRICIA DRIVE,
FLANDERS; BLOCK 7801, LOT 5
08-283 A RESOLUTION AUTHORIZING THE RELEASE OF A PERFORMANCE GUARANTEE POSTED
FOR RIGHT-OF-WAY EXCAVATION PERMIT NO.RO-04-08-020, 18 NYMA WAY, SUCCASUNNA;
BLOCK 603, LOT 8
08-284 A RESOLUTION AUTHORIZING THE RELEASE OF A PERFORMANCE GUARANTEE POSTED
FOR RIGHT-OF-WAY EXCAVATION PERMIT NO.RO-01-07-0026, 8 HONEYMAN DRIVE,
SUCCASUNNA; BLOCK 3101, LOT 36
08-285 A RESOLUTION AUTHORIZING THE RELEASE OF A PERFORMANCE GUARANTEE POSTED
FOR RIGHT-OF-WAY EXCAVATION PERMIT NO.RO-01-07-0002, 13 BRANDYWINE COURT,
SUCCASUNNA; BLOCK 5401, LOT 9.02
08-286 A RESOLUTION AUTHORIZING THE RELEASE OF A PERFORMANCE GUARANTEE POSTED
FOR RIGHT-OF-WAY EXCAVATION PERMIT NO.RO-06-08-053, 11 HEMLOCK LANE, FLANDERS;
BLOCK 9102, LOT 1
08-287 A RESOLUTION AUTHORIZING THE RELEASE OF A PERFORMANCE GUARANTEE POSTED
FOR RIGHT-OF-WAY EXCAVATION PERMIT NO.RO-05-08-042, 6 PARKVIEW DRIVE, SUCCASUNNA;
BLOCK 102, LOT 7
08-288 A RESOLUTION AUTHORIZING THE ACCEPTANCE OF
A CASH BOND FOR FINAL SITE PLAN FOR BMW/FNC REALTY; BLOCK 5301, LOT 14 PBA-08-009
08-289 A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A CASH BOND FOR SOIL
RELOCATION FOR KBC PROPERTIES, LLC
08-290 A RESOLUTION AUTHORIZING THE RELEASE OF A MAINTENANCE BOND POSTED BY
ETEL ASSOCIATES, INC. FOR A TREE BOND ASSOCIATED WITH A SITE PLAN APPROVAL FOR
PROPERTY DESIGNATED AS BLOCK 6603, LOT 7
08-291 A RESOLUTION AUTHORIZING THE FILING OF A GRANT APPLICATION WITH THE
MORRIS COUNTY OPEN SPACE AND FARMLAND PRESERVATION TRUST FUND FOR ACQUISITION
165 LEDGEWOOD-LANDING ROAD,
LANDING, NJ; BLOCK 10101, LOT 23 (COMMONLY KNOWN AS MC NEAR PROPERTY) –
08-292 A RESOLUTION IN SUPPORT OF S-445
BY SENATOR JOE PENNACCHIO THE “TRANSPARENCY IN GOVERNMENT ACT” WHICH
WOULD PROVIDE FOR ESTABLISHMENT OF STATE PUBLIC FINANCE WEBSITE
08-293 A RESOLUTION AUTHORIZING THE SALE OF MUNICIPAL
08-294 A RESOLUTION AUTHORIZING THE PURCHASE OF ONE PICKUP TRUCK FROM
FLEMINGTON CAR & TRUCK COUNTRY FLEET SALES
RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT TO PETERSON & SONS TREE
SERVICE FOR TREE WORK ON VARIOUS TOWNSHIP ROADS
Discussion ensued regarding the amount of money that the
Township is spending and from which fund.
The Council agreed that a policy is needed for the replacement of trees.
08-296 A RESOLUTION AUTHORIZING THE RELEASE OF A CASH BID BOND POSTED BY
SPRINT SPECTRUM, L.P. GUARANTEEING THE EXECUTION OF A LEASE AGREEMENT FOR THE
CONSTRUCTION, INSTALLATION AND OPERATION OF RADIO TRANSMITTING AND RECEIVING
EQUIPMENT OF A CELLULAR TOWER FORMERLY BLOCK 10, LOT 43.1
RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT TO PAVE KING, INC. FOR PAVING
WORK ON VARIOUS TOWNSHIP ROADS
08-298 A RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT TO HASKELL PAVING,
INC. FOR MILLING WORK ON VARIOUS TOWNSHIP ROADS
08-299 A RESOLUTION AUTHORIZING THE AWARD OF A
CONTRACT TO TILCON NEW YORK INC. FOR PAVING MATERIALS
08-300 A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A GRANT OF SIGHT EASEMENT
AND DEED OF DEDICATION FROM BLANCHE VALENTINO ACROSS LOT 16 IN BLOCK 8602 IN
THE TOWNSHIP OF ROXBURY
08-301 A RESOLUTION AUTHORIZING THE ACCEPTANCE OF VARIOUS DEED AND A RELEASE
OF PART OF MORTGAGED PROPERTY FROM KBC PROPERTIES, LLC; BLOCK 1905, LOTS 11 AND
13 IN THE TOWNSHIP
08-302 A RESOLUTION AUTHORIZING THE AWARD OF A PROFESSIONAL SERVICES CONTRACT
TO MATTHEW J. MULHALL, P.G. OF M² ASSOCIATES INC. FOR HYDROGEOLOGICAL SERVICES
IN DEFENSE OF THE COUNTY
CONCRETE VS. TOWNSHIP OF ROXBURY LITIGATION
RESOLUTION AUTHORIZING THE PAYMENT OF BILLS
July 11, 2008
from Tony Bucco to Mr. Raths, dated July 3, 2008,
Public Law 2008, Authorizing Public Libraries to Transfer
to the Municipality”
Mr. Zoschak asked
Mr. Bucco if he had sent a copy of the above law for the Council to
review. Mr. Bucco stated that he had
sent it with the correspondence. Mr.
Zoschak asked Mr. Raths if he was going to ask them for surplus. Mr. Raths stated that we should rethink what
capital projects we are paying for if surplus exists.
July 18, 2008
Correspondence from JCP&L to Mayor Smith, dated July 11, 2008, re:
letter asking whether or not the Township would
like notification of
disconnection of residential service in the
discussed whether they want to get involved with being notified about JCP&L
shut-offs. The Council decided that they
did not want to be notified about disconnections of residential services in the
Correspondence from Beth McGarry, resident, to Mayor and Council,
dated July 15, 2008, re: letter of appreciation to police and fire
Mr. Zoschak stated
that this was a nice letter.
08-304 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
Mr. Zoschak made a motion to adopt
Resolution 08-304 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 Deputy Mayor DeFillippo – Yes
Motion Carried 6 to 0.
At 10:40 PM Mr. Zoschak made a motion to adjourn the
Workshop Meeting. Mr. Schmidt seconded
All In Favor – Yes
MINUTES APPROVED BY COUNCIL
DATE: August 26, 2008
ROLL CALL: Mr. Rilee – yes Mr. Hall – yes
Behrens – yes Mr. Schmidt – yes
Mayor DeFillippo - yes