August 26, 2008

 

A Workshop Meeting of the Township Council of the Township of Roxbury was held on August 26, 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, Jim Rilee and Martin Schmidt

 

Absent:  Mayor Smith and Councilman Richard Zoschak

 

Also Present:  Christopher Raths, Township Manager; Anthony Bucco, Township Attorney and Janet Rieth, Deputy Township Clerk

 

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

A.  New Business

None

 

B.  Old Business

1.  Procurement Policy – No Discussion

 

C.  Presentation- Environmental Commission Lyon’s Farm Community Garden

Mena Schultz, Environmental Commission Member, presented a proposal for a Community Garden and Environmental Center at the Lyon’s Farm site on Eyland Avenue. This land was previously used for farming and will provide a gardening area for those residents who do not have appropriate space.  The Commission has set aside approximately $2,000 from their 2006 and 2007 budgets to be able to start this project.  It is hoped to have the ribbon cutting on Earth Day 2009.  Proof of residency will be required and there will be a $15 annual fee.  Mr. Bucco would like to review the individual lease agreement before anything is finalized.

 

D.  Presentation- Landscaping at Town Hall

Mr. Raths presented an artist’s rendering showing the proposed improvements for the new landscaping and signage for the building.  Mr. Raths stated that we were within the $20,000 that was budgeted for this project.

 

Deputy Mayor DeFillippo amended the agenda to discuss item B under “Matters Requested/Referred by Council Members, Manager, Attorney or Clerk”

 

B.  RoxPac Lease Agreement

Mark Barbone, President of Roxbury Arts Alliance (a.k.a. RoxPac), thanked the Council for their assistance with the license agreement.  The Alliance is in the process of converting space at the Recreation Building into a professional theater that will accommodate 150 to 200 people.

 

Mr. Bucco asked for a diagram depicting the floor plan for the space that will be utilized by the Arts Alliance.  The Council reviewed various changes that Mr. Bucco will be making to the License Agreement.

 

Mr. Bucco advised the Council that the Arts Alliance requested a change to Paragraph 3.  They would like the following words added at the end of the paragraph:  “…without the permission of the Roxbury Recreation Director or the Township Manager”.  Mr. Bucco recommended that any use outside of the specified uses that are listed, should be at the discretion of either the Township Manager or the Council.  The majority of Council agreed for it to read “…without the permission of the Roxbury Recreation Director and the Township Manager”.

 

Mr. Rilee stated that he would like to see a disclaimer in the License Agreement releasing the Township of any responsibility regarding activities that might be deemed inappropriate, as well as the opportunity to circumvent a presentation that the Council considers potentially objectionable.

 

Mr. Bucco advised that the Arts Alliance has requested that the responsibility for snow and ice removal be limited to the dates and times that they have an event scheduled.  The consensus was that the Township and RoxPac would need to coordinate the need and ability for snow and ice removal from the parking lots and sidewalks when a situation arises.  Mr. Bucco will work on the wording of this portion of the agreement.

 

Mr. Bucco informed the Council that he would add a provision to Paragraph 4 requiring a Certificate of Insurance from any third party if the Arts Alliance permits another governmental agency, charitable, or public user to rent the space for temporary use. 

 

Mr. Bucco stated that the Arts Alliance has requested that changes be made to the insurance requirements.  Mr. Bucco stated that he was working on this and would get back to the Council and RoxPac.

 

Mr. Bucco further advised that the he was going to make changes to Paragraph 7 regarding building defects that may be identified after the Arts Alliance begins to occupy the space.  Mr. Bucco will add wording that requires them to notify the Township in writing of any defects, and will allow them to either address the defect to the Township’s satisfaction, void the License Agreement, or accept the property as is, notwithstanding the defect.

 

Mr. Bucco stated that Paragraph 8, “Termination”, would be rewritten to include additional protection against a 90-day termination notice from the Township within the first five years that the agreement is in place.  The majority of the Council agreed to extend the five-year “termination for cause” stipulation to ten years.

 

Mr. Bucco will speak with the Arts Alliance and bring changes back to the Council.

 

PUBLIC PORTION

Edward Kirchgessner

27 Honeyman Drive, Succasunna

Mr. Kirchgessner stated that this year is the 15^th anniversary of Memory Lane.  He discussed the poor condition of the plaques around the trees.  He further stated that he has noticed that five plaques have been removed from the concrete stands.  Mr. Raths stated that the missing plaques may have been removed by the Township in preparation for their replacement.  Mr. Raths stated that the Township has a list of the plaques that need replacement.  Mr. Kirchgessner stated that the Township may need to re-inventory what is missing because he has recently repaired and replaced some of the plaques that are on the list.  Mr. Raths stated that the SLAP program is scheduled to have people at Horseshoe Lake on September 7^th and 8^th to clean up the area.

 

Robert Kluska

274 Emmans Road, Flanders

Mr. Kluska stated that the Senior Clubs sometimes feel that they have space taken from them, such as Mr. Raths mention of installation of dividers in the room so that the Health Department can utilize the room.  Mr. Rilee stated that the Township discussed the possibility of installing a divider to be used in that area for cancer screening, but only during the times that the Senior Club is not utilizing the space.

 

 

Edward Kirchgessner

27 Honeyman Drive, Succasunna

Mr. Kirchgessner stated that, many years ago, funds were appropriated to create the Roxbury Senior Center.  Since then, he stated, the Seniors decided that the space should be opened up to other legitimate groups in the evenings and Fridays because they were not utilizing the space during those hours.  He also stated that the Seniors willingly gave Social Services and Animal Control some of their space.  Mr. Kirchgessner stated that he is concerned about the Nutrition Center moving over to the Senior Center.

 

Deputy Mayor DeFillippo closed the public portion.

 

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

A.  Suckasunny Day Main Street Road Closure

 

Mr. Rilee made a motion to approve item A as listed above.  Mr. Schmidt seconded the motion.

 

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

Mr. Behrens – Yes                               Mr. Hall – Yes

                        Deputy Mayor DeFillippo - Yes

 

Motion carried 5 to 0.

 

B.  RoxPac Lease Agreement – Previously Discussed

 

APPROVAL OF MINUTES

7/22/08 Executive Session

7/22/08 Workshop Meeting

 

Mr. Rilee made a motion to approve the minutes as listed above.  Mr. Hall seconded the motion.

 

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

Mr. Behrens – Yes                               Mr. Schmidt – Yes

                        Deputy Mayor DeFillippo - Yes

 

Motion carried 5 to 0.

 

DRAFT ORDINANCES FOR DISCUSSION

None

 

INTRODUCTION OF PROPOSED ORDINANCES

None

 

HEARING AND ADOPTION OF ORDINANCES ON SECOND READING

None

 

DRAFT RESOLUTION FOR DISCUSSION

None

 

INTRODUCTION AND ADOPTION OF RESOLUTIONS

08-334             A RESOLUTION INCORPORATING BY REFERENCE HEREIN AND APPROVING THE FOLLOWING NUMBERED RESOLUTIONS LISTED ON THE WORKSHOP COUNCIL MEETING AGENDA FOR THIS DATE:  08-335, 08-336, 08-337, 08-338, 08-339, 08-340, 08-341, 08-342, 08-343, 08-344, 08-345, 08-346, 08-347, 08-348, 08-349, 08-350, 08-352, 08-353, 08-354, 08-355, 08-356

 

Mr. Rilee made a motion to approve Resolution 08-334.  Mr. Schmidt seconded the motion.

 

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

Mr. Behrens – Yes                               Mr. Hall – Yes

                        Deputy Mayor DeFillippo - Yes

 

Motion carried 5 to 0.

 

08-335             A RESOLUTION AUTHORIZING THE RELEASE OF A CASH BOND IN CONNECTION WITH THE APPROVAL OF A SITE PLAN FOR CLEARVIEW CINEMA LOCATED IN THE ROXBURY MALL BLOCK 5004, LOTS 7 & 8

 

08-336             A RESOLUTION AUTHORIZING THE REFUND OF AN 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

 

08-337             A RESOLUTION AUTHORIZING THE RELEASE OF A PERFORMANCE GUARANTEE POSTED FOR RIGHT-OF-WAY EXCAVATION PERMIT NO. MAY252006, 9 LENEL ROAD, LANDING; BLOCK 9501, LOT 6

 

08-338             A RESOLUTION AUTHORIZING THE REFUND OF UNUSED ENGINEERING INSPECTION FEES TO TARIQ MAHMOOD FOR PROJECT KNOWN AS FDS, INC.; BLOCK 9501, LOT 6

 

08-339             A RESOLUTION AUTHORIZING THE REFUND OF UNUSED ENGINEERING INSPECTION FEES TO JOVAN SKEPAROSKI FOR PROJECT KNOWN AS 12 NORTH FIRST AVENUE, KENVIL BLOCK; 2613, LOT 9

 

08-340             A RESOLUTION AUTHORIZING THE RELEASE OF A PERFORMANCE GUARANTEE POSTED FOR RIGHT-OF-WAY EXCAVATION PERMIT NO. MAY1106 12 NORTH FIRST AVENUE, KENVIL BLOCK 2613, LOT 9

 

08-341             A RESOLUTION AUTHORIZING THE AWARD OF A PROFESSIONAL SERVICES CONTRACT TO WUNNER ENGINEERING ASSOCIATES, P.A. FOR THE PREPARATION OF UPDATED SKETCHES AND DESCRIPTIONS FOR THREE “PARCELS” CONSISTING OF THE MUNICIPAL PROPERTY KNOWN AS HORSESHOE LAKE BLOCK 1802, LOTS 7 & 8 FOR NJDEP GREEN ACRE PURPOSES

Mr. Rilee asked about this resolution.  Mr. Raths stated that this resolution is for Green Acres purposes only.  Any other issues would be addressed under separate resolutions.

 

08-342             A RESOLUTION AUTHORIZING THE RELEASE OF A PERFORMANCE GUARANTEE POSTED FOR RIGHT-OF-WAY EXCAVATION PERMIT NO. RO-06-08-055 236 EYLAND AVENUE, SUCCASUNNA BLOCK 1002, LOT 9

 

08-343             A RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT TO LANCHA CONSTRUCTION CORPORATION FOR THE “SIDEWALK REPLACEMENT AND CONCRETE WORK” - CONTRACT “A”

 

08-344             A RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT TO  M. SKY CONSTRUCTION CORPORATION FOR THE “SIDEWALK REPLACEMENT AND CONCRETE WORK” - CONTRACT “B”

 

08-345             A RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT TO DELTA CHEMICAL CORPORATION FOR THE PURCHASE OF SEWERAGE TREATMENT CHEMICALS

 

08-346             A RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT TO PRO TANK LTD TO SUPPLY A 1350-GALLON SODIUM HYPOCHLORITE TANK AT THE AJAX TERRACE WATER POLLUTION CONTROL PLANT

 

08-347             A RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT TO REPLACE TWO PUMP MOTORS AT THE FORD ROAD BOOSTER PUMP STATION FOR THE WATER UTILITY

Mr. Rilee asked if there is a prioritized list of the motors that need to be replaced.  Mr. Blood stated that they each need replacement around their thirtieth year of operation.

 

08-348             A RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT TO REPLACE THE ROOF AT STATION 10 FOR THE WATER UTILITY

 

08-349             A RESOLUTION AUTHORIZING THE PURCHASE OF ONE DIAGNOSTIC SMOKE MACHINE FROM SNAP-ON INDUSTRIAL UNDER STATE CONTRACT NO.A66332

 

08-350             A RESOLUTION AUTHORIZING THE PURCHASE OF ONE BATTERY DIAGNOSTIC TESTER AND CHARGER FROM SNAP-ON INDUSTRIAL UNDER STATE CONTRACT NO. A66103

 

08-351             A RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT TO MORRIS ASPHALT COMPANY, INC. FOR THE OIL & STONE TREATMENT OF PATRICIA DRIVE - PULLED

Mr. Rilee has asked for additional information about this resolution from Bond Counsel and the auditor.  Mr. Bucco stated that he would not recommend this without a prior agreement.

 

08-352             A RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT TO ALL QUALITY FENCE TO SUPPLY AN 8’ x 10’ STORAGE SHED AT THE RECYCLING CENTER

 

08-353             A RESOLUTION AUTHORIZING THE TOWNNSHIP OF ROXBURY TO ENTER INTO A COOPERATIVE PRICING AGREEMENT WITH THE TOWNSHIP OF CRANFORD’S POLICE COOPERATIVE PRICING SYSTEM.

Mr. Behrens asked if Roxbury has any input as to the specifications that are prepared for bidding.  Mr. Bucco stated that only the Lead Agency sets the specifications.  Mr. Behrens asked that the effective date of “January 1, 2008” be changed to the date that we sign the contract.

 

08-354             A RESOULTION RESCINDING RESOLUTION NO. 08-216 AUTHORIZING THE REFUND OF A SANITARY SEWER UTILITY OVERPAYMENT

 

08-355             A RESOLUTION AMENDING THE MEMBERSHIP OF THE TOWNSHIP FIRE DEPARTMENT

 

08-356             A RESOLUTION AUTHORIZING THE PAYMENT OF BILLS

 

08-357             A RESOLUTION AUTHORIZING THE EXECUTION OF A SHARED SERVICES AGREEMENT FOR LITIGATION SERVICES ASSOCIATED WITH LEGAL CHALLENGE TO THE VALIDITY OF THE NEW COAH REGULATIONS - PULLED

The Council members just received this resolution tonight and did not have a chance to review.  Mr. Bucco stated that this could be held until the next meeting.

 

 

At 9:00 PM the Council took a short break.  At 9:15 PM the Council returned to the Workshop Meeting.

 

Deputy Mayor DeFillippo amended the agenda to continue “REPORTS OF COUNCIL LIAISON REPRESENTATIVE, COUNCIL COMMITTEES AND NEW BUSINESS/OLD BUSINESS”

Mr. Behrens stated that he had received some concerns from residents that Chris Raths & Rick Blood are working on.

 

Mr. Hall stated that Recreation would be meeting on Wednesday night, August 27, 2008.

 

Mr. Hall asked if there is any information about the octane level of the fuel that the Township is using through the Shared Services Agreement with the Board of Education.  Mr. Raths stated that he does not have that information yet, but will find out.

 

Mr. Raths stated that, in regard the 2008 budget, it is likely that we will need to make significant transfers at end of year (approximately $300,000), due mostly to the cost of utilities and legal line items.  Mr. Raths commended the Department Heads for identifying budget items (approximately $115,000) that could be postponed; therefore, minimizing the amount of the transfers at the end of the year.

 

Mr. Raths stated that, with the exception of the Tax Collector’s office, Town Hall would be closed 12/24/2008, 12/25/2008, 12/26/2008 and 01/02/2009 and that employees would be using their accrued personal and vacation time for the additional time off.

 

Mr. Raths stated that PBA 5K Run is scheduled for September 9, 2008, and will take place on Hillside Avenue, Main Street, and Eyland Avenue.  Mr. Raths stated that there would be signs notifying motorists of the event.

 

Ms. Rieth stated that she and Ms. DeCroce are almost done with the cleaning up of the Eyland Avenue site.  The Police and Construction departments still have some boxes that they will be going through later in the week. 

 

Deputy Mayor DeFillippo stated that today is the 88^th Anniversary of women’s voting rights.

 

Deputy Mayor DeFillippo publicly thanked the Fire Departments, Rescue Squads, Police Departments and staff who assisted at the bus accident on Route 80, last Friday, August 22, 2008.

 

Deputy Mayor DeFillippo stated that Mr. John Wetzel has agreed to fill the vacant seat on the Lake Hopatcong Commission.

 

Mr. Rilee made motion to appoint Mr. John Wetzel as the alternate member on the Lake Hopatcong Committee to fill the unexpired term of Nicholas DePalma.  Mr. Schmidt seconded the motion.

 

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

Mr. Behrens – Yes                               Mr. Hall – Yes

                        Deputy Mayor DeFillippo - Yes

 

Motion carried 5 to 0.

 

COMMUNICATIONS

August 15, 2008

#4  Correspondence from Jack Curtis, Principal, Lincoln-Roosevelt School, to Mr. Dave Stierli, dated August 5, 2008, re:  complimentary letter commending the Roxbury Recreation Summer Camp Program

Mr. Hall congratulated Mr. Stierli.

 

#15 Correspondence from BettyLou DeCroce, Township Clerk, to Ms. Dara Lownie, Government Records Council, dated August 7, 2008, re:  “Kenneth Mayer v. Township of Roxbury (Morris); GRC Complaint No. 2008-118”

Mr. Rilee asked for details about this complaint.  Mr. Bucco stated that it was in reference to an OPRA request.  Mr. Bucco stated that an answer has been filed supporting the township’s decision not to release the documents.

 

August 22, 2008

#1  Correspondence from NJDEP, Division of Land Use Regulation, to Zorn Consulting, LLC, re:  Denial of Freshwater Wetlands Statewide General Permit No. 10A; Applicant Philip Rich, JR; Block 10901, Lots: 9 & 10

Mr. Raths stated that this is a DEP issue, not a Township issue.  Mr. Raths will follow up on this issue.

 

#3  Correspondence from NJDEP, Division of Right Of Way & Access Management, to BettyLou DeCroce, Township Clerk, dated August 13, 2008, re:  “Route 6 relocation (aka Route 80), Section 29, Parcel VXR2A2, Township of Roxbury, Morris County”

Mr. Bucco stated that the Township needs to make a decision on this.  Mr. Raths will provide a better map and will include this on the September 9, 2008 agenda.

 

#4  Correspondence from Kris Kolluri, NJDEP Commissioner, to Senator Anthony Bucco, dated August 18, 2008, re:  NJDOT Route 10 and Commerce Boulevard project

Mr. Rilee asked Mr. Raths to make sure this is copied to a file.

 

#5  Correspondence from Chris Raths, Township Manager, to Mr. David Wolfe, Skoloff & Wolfe, P.C., dated August 21, 2008, re:  offer of donation of SSC properties, block 9601, lots 1 and 2

Mr. Bucco stated that the Council was waiting for three questions to be answered before making a decision.  Mr. Raths will review the minutes and get the answers to the questions.

 

#7  Correspondence from NJLM, dated August 14, 2008, re:  2008 League Conference Resolutions

The Clerk’s Office will locate the Mediation and Arbitration resolution from 2 years ago.  Deputy Mayor DeFillippo asked if Council members would consider a resolution for an Open Space Tax for the Highlands Region.  Council members agreed that further resolution ideas would be emailed to Mr. Raths for discussion. 

 

EXECUTIVE SESSION

08-358             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 #08-358 for Executive Session.  Mr. Hall seconded the motion.

 

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

Mr. Behrens – Yes                               Mr. Schmidt – Yes

                        Deputy Mayor DeFillippo - Yes

 

Motion carried 5 to 0.

 

ADJOURNMENT

 

At 11:05 PM Mr. Rilee made a motion to adjourn.  Mr. Hall seconded the motion.

 

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

Mr. Behrens – Yes                               Mr. Schmidt – Yes

                        Deputy Mayor DeFillippo - Yes

 

Motion carried 5 to 0.

 

 

Submitted By:

 

 

________________________________

BettyLou DeCroce

Township Clerk

 

MINUTES APPROVED BY COUNCIL

DATE:                        October 7, 2008

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

                                    Mr. Behrens – yes        Mrs. DeFillippo – yes

                                    Mr. Hall – yes              Mr. Zoschak – abstain

                                    Mayor Smith -  abstain