August 12,
2008
A Regular Meeting of the Township
Council of the Township of Roxbury was held on August 12, 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): Mayor Timothy Smith, Deputy Mayor Kathy DeFillippo,
Councilmen Gary Behrens, Fred Hall, Jim Rilee
Also Present: Christopher
Raths, Township Manager; Anthony Bucco, Township Attorney; BettyLou DeCroce,
Township Clerk; and Amy Rhead, Administrative Aide
Absent: Councilman
Martin Schmidt and Councilman Richard Zoschak
APPROVAL OF MINUTES
July 8th
- Regular Meeting
July 22nd
- Executive Session - TABLED
Mr. Rilee made a motion to approve the Regular Meeting
minutes for July 8, 2008. Deputy Mayor
DeFillippo seconded the motion.
Roll Call: Mr.
Rilee – Yes Deputy
Mayor DeFillippo – Yes
Mr.
Behrens – Yes Mr. Hall –
Abstain
Mayor Smith - Yes
Motion carried 4 to 0 with 1 abstention on July 8, 2008.
PUBLIC PORTION
Dennis Wine
4 Holly
Drive, Succasunna
Mr. Wine asked about state aid as it relates to a bill. Mr. Raths
stated that the aid comes from the County.
Robert Kluska
274 Emmans
Road, Succasunna
Mr. Kluska asked for clarification on Resolution No. 08-322 “A
resolution
authorizing the insertion of an item of revenue in the 2008 budget for
additional
funding for recreation opportunities for individuals with
disabilities”. Mr. Hall
stated that it was a grant opportunity that was received for the
parents of
exceptional children. Mr. Raths
explained that the budget must be amended to
reflect the insertion of the grant money. Mr. Raths stated that the State grant
money would be used for a non-profit teen group for exceptional
children that
meets in Roxbury.
Mayor Smith closed the public
portion.
Mayor Smith amended the agenda to discuss items A and B under “Matters
Requested/Referred by Council Members, Manager, Attorney or Clerk”
A. 50 Years of Service Certificate of
Appreciation
Mayor Smith presented a certificate of appreciation to Charles Alpaugh
for 50 years of service as a Roxbury
Township volunteer
firefighter. Mr. Alpaugh thanked his
friends and family for their continual support throughout the years.
B. “Olde
Suckasunny Day” Proclamation
Mayor Smith read a proclamation declaring September 6, 2008, “Olde
Suckasunny Day” in the Township
of Roxbury. Ms. Mary Romance, Director, Roxbury Public
Library, thanked the Township and the Council for their help in making “Olde
Suckasunny Day” a success each year.
REPORTS OF COUNCIL LIAISON REPRESENTATIVES, COUNCIL
COMMITTEES AND NEW BUSINESS/OLD BUSINESS
A. New Business
None
B. Old Business
Procurement Policy
Mr. Hall stated that the
Recreation Committee met with Jen Russo and discussed the contents of the
recreation handout/bulletin that is being created by Dave Stierli, along with
other members of Mr. Raths’ staff.
Mr. Behrens stated that Fire Company #3’s 50th Anniversary celebration
did not seem to be well attended and asked if it could have been better
advertised. Mayor Smith stated that is
up to the Fire Company as to how they choose to advertise.
Mr. Behrens stated that he has received numerous comments from various
residents expressing appreciation for the timely responses that they receive
from Township officials whenever they have a concern.
Deputy Mayor DeFillippo stated that she had given Mr. Raths
recommendations for the recreation bulletin.
Mr. Raths stated that he had passed those suggestions on to Jen Russo.
Mr. Hall stated that there is a tight time frame and any requests need to
be submitted within one week in order to be considered for the publication.
Deputy Mayor DeFillippo stated that the next Neighborhood meeting is
scheduled for Tuesday, August 19, 2008.
Deputy Mayor DeFillippo stated that both she and Mr. Behrens have
received inquiries from a resident in regard to the status of the Berkshire Valley park/playground project. Mr. Raths stated that the playground
equipment has been ordered, that the Walking Path should go out to bid within a
few weeks, and the contract should be awarded by early September. Deputy Mayor DeFillippo asked if the Berkshire Valley park project includes a
gate. Mr. Raths stated that he would
check on this. Deputy Mayor DeFillippo
asked if we could have a bench and/or picnic table at the Berkshire Valley
park. Mr. Raths stated that we could
accommodate that request. Deputy Mayor
DeFillippo also stated that she has received complaints from residents about
weeds at the location.
Deputy Mayor DeFillippo asked why there is not a gate at the Dell Avenue park.
Deputy Mayor DeFillippo stated that an Eyland Avenue resident has contacted her
in regard to an ongoing drainage problem he has been having. Mr. Raths stated that there was a pond that
is now filled in and that the water that this resident is experiencing on his
property is definitely ground water. Mr.
Raths will have Mr. Blood follow up with the resident to see if we can be of
assistance. Deputy Mayor DeFillippo
stated that she would like to be kept up to date on any developments relating
to this issue.
Mr. Rilee stated that the DPW Committee met last night. Mr. Raths stated that the bid specifications
should be sent out in the fall, with the awarding of a contract in the winter
and a projected groundbreaking in the spring.
Mr. Rilee stated that he had attended the Fire Chiefs meeting and advised
that the Chiefs would like to be updated by the Planning Board as plans get
revised during the development process.
Mayor Smith stated that the Open Space
Meeting that was scheduled for last week was canceled (some members were
unavailable due to vacation). Mayor
Smith stated that the County grant for the Landing recreation project has been
resubmitted.
Mayor Smith commented that the Water and
Sewer Committee has not had a meeting.
Mr. Raths stated that a meeting would be held on the morning of August
15, 2008.
Mayor Smith asked Mr. Raths to keep him
informed about any developments in regard to the Berkshire Valley
park project. Mr. Raths stated that he
would keep the Mayor and Council informed about the progress via his weekly
Information Update.
Mr. Raths stated that the Mayor
and Council have been invited to a 5K race on Netcong Day, Sunday, September 7,
2008.
Mr. Raths stated that he would
include correspondence in the next Communications packet from Habitat for
Humanity asking to build a two-family home on the corner of Edith Road, as opposed to a single-family
dwelling.
Mayor Smith asked if anyone would
be available to attend the Merry Heart Opening on Friday, August 15, 2008. Mr. Raths stated that he would be attending.
Mayor Smith stated that he would
not be available to attend the Noah’s Ark
fundraiser on September 21, 2008.
Mayor Smith stated that the PBA
would be conducting a 5K Run/Walk on Tuesday, September 9, 2008 to benefit the
Field of Dreams.
MATTERS REQUESTED/REFERRED BY COUNCIL MEMBERS, MANAGER,
ATTORNEY OR CLERK
A. 50 Years of
Service Certificate – previously discussed
B. “Olde
Suckasunny Day Proclamation” – previously discussed
C. Melissa Lane Block Party
D. Forest Drive Block Party
E. SSC one day
Liquor License September 21, 2008
Mr. Rilee mad a motion to approve items C, D, and E as
listed above. Mr. Hall seconded the
motion.
Mayor
Smith – Yes
Motion carried 5 to 0.
F. Proposal for
Preparation of Third Round Housing Elements Fair Share Plan
The Council members discussed their ongoing frustration with COAH’s
continuing rule and ratio changes and the importance of awarding a contract to
a company that can help Roxbury comply, by the end of the year, in order to
avoid possible penalties.
08-332 RESOLUTION
AUTHORIZING THE AWARD OF A PROFESSIONAL SERVICES CONTRACT TO FRANCIS J.
BANISCH, III, P.P./AICP OF BANISCH ASSOCIATES, INC. FOR THE PREPARATION OF THE
TOWNSHIP’S HOUSING ELEMENT AND FAIR SHARE PLAN IN SUPPORT OF THE TOWNSHIP’S
COAH APPLICATION
Mr. Rilee mad a motion to approve Resolution 08-332. Mr. Hall seconded the motion.
Mayor
Smith – Yes
Motion carried 5 to 0.
Mr. Rilee brought up for discussion a letter received last month from
Assembly Minority leader Alex DeCroce requesting a list of mandates that have
been imposed on the Township by the State and the Council feels are
unfair.
Mr. Raths will follow up on a previous communications from Alex DeCroce
DRAFT ORDINANCES FOR DISCUSSION
None
INTRODUCTION OF PROPOSED ORDINANCES
None
HEARING AND ADOPTION OF ORDINANCES ON SECOND READING
None
DRAFT RESOLUTION FOR DISCUSSION
INTRODUCTION AND ADOPTION OF RESOLUTIONS
08-305 A RESOLUTION INCORPORATING BY REFERENCE HEREIN AND APPROVING THE
FOLLOWING NUMBERED RESOLUTIONS LISTED ON THE WORKSHOP COUNCIL MEETING AGENDA
FOR THIS DATE: 08-306, 08-307, 08-308, 08-309, 08-310, 08-311, 08-312, 08-313,
08-314, 08-315, 08-316, 08-317, 08-318, 08-319, 08-320, 08-321, 08-322, 08-323,
08-324, 08-325, 08-326, 08-327, 08-328, 08-329, 08-330, 08-333
Mr. Rilee mad a motion to approve Resolution 08-305. Deputy Mayor DeFillippo seconded the motion.
Motion carried 5 to 0, with one recusal on
check no. 08-57807, item #40
08-306 A RESOLUTION AUTHORIZING A SANITARY SEWER ALLOCATION
TO PATRICK J. LYNCH, JR. FOR THE PROPERTY LOCATED AT 505 MAIN STREET, LANDING;
BLOCK 10301, LOT 2.03
08-307 A RESOLUTION AUTHORIZING THE REFUND OF UNUSED
ENGINEERING INSPECTION FEES TO MARK TUCCI, FOR A PROJECT KNOWN AS TUCCI MINOR
SUBDIVISION LOCATED AT 10 SOUTH SECOND STREET, KENVIL; BLOCK 2611, LOT 12.02
08-308 A
RESOLUTION AUTHORIZING THE RELEASE OF A PERFORMANCE GUARANTEE POSTED FOR
RIGHT-OF-WAY EXCAVATION PERMIT NO. RO-01-07-0024, 10 SOUTH SECOND STREET,
KENVIL; BLOCK 2611, LOT 12.02
08-309 A RESOLUTION AUTHORIZING THE RELEASE OF A
PERFORMANCE GUARANTEE POSTED FOR RIGHT-OF-WAY EXCAVATION PERMIT NO.
RO-07-08-080, 17 CONDIT STREET, SUCCASUNNA; BLOCK 3403, LOT 2
08-310 A
RESOLUTION AUTHORIZING THE RELEASE OF A PERFORMANCE GUARANTEE POSTED FOR
RIGHT-OF-WAY EXCAVATION PERMIT NO. SEP2606, 290 EMMANS ROAD, FLANDERS; BLOCK 4101, LOT
9
08-311 A RESOLUTION AUTHORIZING THE RELEASE OF A
PERFORMANCE GUARANTEE POSTED FOR RIGHT-OF-WAY EXCAVATION PERMIT NO.
RO-01-07-0035, 5 KURT DRIVE, FLANDERS;
BLOCK 7601, LOT 7
08-312 A RESOLUTION AUTHORIZING THE RELEASE OF A
PERFORMANCE GUARANTEE POSTED FOR RIGHT-OF-WAY EXCAVATION PERMIT NO. OCT3006, 8
TAMARACK DRIVE, SUCCASUNNA; BLOCK 4401, LOT 32
08-313 A RESOLUTION AUTHORIZING THE RELEASE OF A
PERFORMANCE GUARANTEE POSTED FOR RIGHT-OF-WAY EXCAVATION PERMIT NO.
RO-06-08-057, 33 FOX CHASE LANE, LEDGEWOOD; BLOCK 9205, LOT 46
08-314 A RESOLUTION AUTHORIZING THE RELEASE OF A
PERFORMANCE GUARANTEE POSTED FOR RIGHT-OF-WAY EXCAVATION PERMIT NO.
RO-07-08-064, 27 BENT STREET, KENVIL; BLOCK 3903, LOT 8
08-315 A RESOLUTION AUTHORIZING THE RELEASE OF A
PERFORMANCE GUARANTEE POSTED FOR RIGHT-OF-WAY EXCAVATION PERMIT NO.
RO-05-08-037, 526 VAIL ROAD, LANDING; BLOCK 11405, LOT 3
08-316 A
RESOLUTION AUTHORIZING THE RELEASE OF A PERFORMANCE GUARANTEE POSTED FOR
RIGHT-OF-WAY EXCAVATION PERMIT NO. DEC1106, 38 UNNEBERG AVENUE, SUCCASUNNA; BLOCK 3101, LOT
29
08-317 A
RESOLUTION AUTHORIZING THE REFUND OF ENGINEERING INSPECTION ESCROW TO BRIAN
O’NEILL IN CONNECTION WITH MINOR SOIL PERMIT NO. MIN SOIL-06-08-019, 51 FOX CHASE LANE;
BLOCK 9205, LOT 13
08-318 A RESOLUTION AUTHORIZING THE RELEASE OF A
PERFORMANCE GUARANTEE POSTED FOR RIGHT-OF-WAY EXCAVATION PERMIT NO. AUG2107, 11
HORIZON DRIVE, SUCCASUNNA; BLOCK 5202, LOT 30
08-319 A
RESOLUTION AUTHORIZING THE 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
08-320 A
RESOLUTION AUTHORIZING THE 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
08-321 A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A
MAINTENANCE BOND AND SUBSEQUENT RELEASE OF A CASH PERFORMANCE BOND AND SURETY
BOND FOR A TREE REPLACEMENT PERMIT FOR FRESENIUS MEDICAL CENTER/KENVIL MEDICAL
LOCATED ON ROUTE 46; BLOCK 4002, LOT 16
08-322 A
RESOLUTION AUTHORIZING THE INSERTION OF AN ITEM OF REVENUE IN THE 2008 BUDGET
FOR ADDITIONAL FUNDING FOR RECREATION OPPORTUNITIES FOR INDIVIDUALS WITH
DISABILITIES
Deputy Mayor DeFillippo asked if this is additional money for recreation
opportunities for individuals with disabilities, or if this is the amount they
receive every year. Mr. Raths stated
that this Resolution is the result of a new procedure that will insert grant
money into the budget as it is received and that this is the same amount they
receive every year, not additional money.
08-323 RESOLUTION
FOR RENEWAL OF MEMBERSHIP IN THE MORRIS
COUNTY MUNICIPAL JOINT
INSURANCE FUND
BettyLou DeCroce stated that we would be receiving a check from HIF for
approximately $122,000, in September.
Ms. DeCroce further stated she would
know more about dividends in regards to the JIF after her meeting with
the finance
committee on Friday in Saddlebrook.
08-324 A RESOLUTION AMENDING THE MEMBERSHIP OF
THE
TOWNSHIP FIRE DEPARTMENT
08-325 RESOLUTION AUTHORIZING REFUND OF TAXES FOR A
TOTALLY
DISABLED VETERAN EXEMPTION
08-326 RESOLUTION
OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP
OF ROXBURY EXTENDING THE
GRACE PERIOD FOR PAYMENT OF THE AUGUST 2008 QUARTERLY TAX BILLS
08-327 A RESOLUTION AUTHORIZING THE ACCEPTANCE OF AN
IRREVOCABLE LETTER OF CREDIT FOR RIGHT-OF-WAY
EXCAVATION PERMIT NO. RO-07-08-068 FOR WELLFLEET DEVELOPER’S INC. FOR THE
OFFSITE WATER MAIN CONSTRUCTION REGARDING THE VILLAGES AT ROXBURY DEVELOPMENT
08-328 A RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT FOR THE PURCHASE OF PLAN
STORAGE RACKS FROM PATHFINDER VUE-FILE SYSTEMS FOR THE CONSTRUCTION DEPARTMENT
08-329 A RESOLUTION
AUTHORIZING THE REFUND OF TAXES
08-330
A RESOLUTION AUTHORIZING THE PAYMENT OF BILLS
Mr. Rilee asked about a check written to the Circle Motel for public
assistance and if we, the Township, could get COAH credit for such payments.
08-333 A RESOLUTION
AUTHORIZING THE AWARD OF AN EMERGENCY CONTRACT TO KINGSTON TURF FARMS PURSUANT
TO N.J.S.A. 40A: 11-6 FOR THE INSTALLATION OF APPROXIMATELY 80,000 SQUARE FEET
OF SOD AT HORSESHOE LAKE FIELD #1
Mr. Hall thanked Dave Stierli and his staff
for efforts in getting this sod project completed in such a timely and
effective manner. Mr. Behrens asked if
replacement sod for Field #1 had been part of the budget. Mr. Raths stated that we had originally
planned on doing emergency repairs to selected areas that were in need, not a
full replacement of sod. Mr. Hall stated
that the $30,000 was coming from the increase in recreational fees that was
approved by the Council and this is not a tax increase. Mr. Hall further stated that the irrigation
system was donated by football and lacrosse.
Mr. Raths stated that $10,000 was being used from the Open Space fund,
but it would be returned from the Recreation trust fund by the end of the year. Mr. Rilee asked if Roxbury Water supplies the
water for the irrigation system. Mr.
Raths stated that Roxbury Water does provide the water to Horseshoe Lake
and there is a meter. Mr. Rilee stated
that we should look at the possibility of using the well water instead of
paying Roxbury Water for water usage at this location. Mr. Raths stated that he would look into this
and would get back to Council members.
PERSONNEL CHANGES
Memo from Judy Riley dated August 6, 2008
COMMUNICATIONS
July 25, 2008
#7 Correspondence from Nick DePalma to Mayor
Smith, dated July 21, 2008,
re: Resignation from both the Lake Hopatcong
Commission and the Lake
Musconetcong
Regional Planning Board
The Clerk’s office will send a
letter of appreciation to Mr. DePalma.
Mr. Rilee made a motion to
appoint John Ciaramella as a member of the Lake Musconetcong Regional Planning
Board. Mr. Behrens seconded the motion.
Roll Call: All
in Favor – Yes
Motion carried 5 to 0.
#8 Correspondence from Chris Raths, Township
Manager, to Walter Krich, Director, Morris County Department of Planning
Development & Technology, dated July 21, 2008, re: Outline of summary and concerns as discussed
at the Council meeting of July 8, 2008
Mr.
Rilee asked Mr. Raths to copy the Freeholders on any communications from the
Township to the County. Mr. Raths stated
that he would make sure that the Freeholders would be copied on communications
to the County.
#9 Mayors Fax Advisory, dated July 22, 2008,
re: “Public Safety Related Costs;
Property Tax Relief (S-1976/A-2982)”
Mayor
Smith and other Council members do not agree with this.
August 1, 2008
#1, item H: Shared Services
Mr. Hall asked for an
update about utilizing fuel with a lower octane level. Mr. Raths stated that he asked Mr. Blood
about that today and would get back to the Council with the answer.
#1, item K: Commerce
Blvd/RT 10/Main St.
Mr.
Rilee asked if the attached letter had been sent to Commissioner Kolluri. Mayor Smith reported that he had received a
call from Deputy Freeholder Director Gene Feyl stating that he and Susan
Zellman had spoken to the people in Trenton
about the TIP and that they had agreed, again, to put the money back in the
budget for this project. Mayor Smith
requested that we get something in writing to that effect.
#1, item Q: Berkshire
Valley Road
Bridge Flasher
Mr.
Behrens asked about this item. Mr. Raths
stated that he had just received an email confirmation today for the approval
of this item and it should be awarded by the end of August.
#1, item R: Sanitary Sewer Extensions: Read Court, Deer Lane, Harrison Avenue, Carey and Cornhollow
Roads
Deputy Mayor DeFillippo asked Mr. Raths
if this meeting had taken place. Mr.
Raths stated that the meeting had taken
place and the Highlands staff saw no
reason that we shouldn’t proceed. The next step is for Roxbury Township
to put a
preliminary plan together that will be
presented to the residents in the Fall.
August 8, 2008
#4 Correspondence from Gerald
Rohsler, Morris County Division of Transportation, to
Gordon Fuller, dated July 30, 2008, re: Transloading of plastic pellets
Mr. Rilee asked Mr. Bucco about
this. Mr. Bucco stated that he handling
this matter.
#7 Correspondence from
BettyLou DeCroce, to Tony Bucco, dated August 4, 2008, re: Title 39
Mr. Rilee thanked Ms. DeCroce for keeping on top of this
matter.
#13 Interoffice Memorandum
from BettyLou DeCroce to Tony Bucco, dated August 7, 2008, re: Welcome Signs
Deputy Mayor DeFillippo asked
about this item. Ms. DeCroce stated that
Mr. Valiante would like to have assurance that he is not responsible for maintenance
or other issues that may arise with the “Welcome to Roxbury” sign. Mr. Raths and Mr. Bucco stated that we have
an agreement that would address this concern.
Ms. DeCroce stated that she has been unable to locate any such
agreement. Mr. Raths stated that he
would check to see if he has it and would forward it to Ms. DeCroce so that she
could send a copy to Mr. Valiante.
#14 Correspondence from
Richard Sweeney, to Mayor/Council, dated July 23, 2008, re: Manor Parkway and Kings Parkway
Mr. Hall asked whether this
should go before the Planning Board first.
Mr. Raths stated that he has turned this issue over to the Engineering
and Planning Departments and will update the Council at a later date.
Mayor Smith asked Mr. Bucco to send the staff
evaluation forms to the Council members so that a review of BettyLou DeCroce,
Municipal Clerk, could be completed.
The second Public Portion was inadvertently
omitted from this agenda. The Council
discussed the number of Public Portions on the Regular Meeting agendas vs.
Workshop Meeting agendas.
EXECUTIVE SESSION
08-331 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
Deputy Mayor DeFillippo made a motion to adopt Resolution 08-331 for
Executive Session. Mr. Behrens seconded
the motion.
Roll Call: All in Favor - Yes
Motion carried 5 to
0.
At 9:40 PM Council returned to the Regular Meeting.
ADJOURNMENT
At 9:40 PM Mr. Rilee made a motion
to adjourn the Regular Meeting. Mr. Hall
seconded the motion.
All In Favor – Yes
Motion carried 5 to 0.
Submitted By:
________________________________
BettyLou DeCroce
Township Clerk
MINUTES APPROVED BY COUNCIL
DATE: September 23, 2008
ROLL CALL: Mr. Rilee – yes Mr. Behrens – yes
Mrs.
DeFillippo – yes Mr. Zoschak – abstain
Mayor
Smith - yes