September 9,
2008
A Regular Meeting of the Township
Council of the Township of Roxbury was held on September 9, 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 and Martin Schmidt
Absent: Councilman Richard Zoschak
Also Present: Christopher Raths, Township Manager;
Anthony Bucco, Township Attorney; and BettyLou DeCroce, Township Clerk
APPROVAL OF MINUTES
August 26, 2008 -
Executive Session
Mr. Rilee made a
motion to approve the minutes as listed above.
Mr. Behrens seconded the motion.
Roll Call: Mr. Rilee – Yes Mr. Behrens - Yes
Deputy Mayor DeFillippo - Yes Mr. Hall – Yes Mr. Schmidt – Yes Mayor Smith - Abstain
Motion carried 5 to
0 with one abstention.
PUBLIC PORTION
No public comment
REPORTS OF COUNCIL LIAISON REPRESENTATIVES, COUNCIL
COMMITTEES AND NEW BUSINESS/OLD BUSINESS
A. New Business
None
B. Old Business
1. Procurement Policy – Progress.
Mr. Behrens stated that he attended a Traffic Committee meeting last
week. There was a presentation by the County Engineer
pertaining to the intersection at Rt. #10 and Hillside Avenue. The design needs to be finalized and approved
by the State. It could take two more
years before work is started on this project.
Mr. Hall stated that there is a COAH meeting tomorrow night.
Mr. Hall stated that he attended the Board of Education meeting last
night. Discussion took place about the
Board of Education’s renewal of their disposal contract with Blue Diamond and
the shared services agreement with the Township. Mr. Hall stated that the cost seemed to be
significantly higher than in previous years.
Mr. Raths will look into how much the Township would charge to provide
refuse collection in an attempt to be competitive with other collectors.
Mr. Hall stated that
the Board of Education has made some modifications to the Interlocal Services
Agreement as it pertains to the shared field contract. The Board of Education will be forwarding
those changes to the Township for review and comment.
Mr. Hall stated that
the Township was acknowledged for helping the Board of Education realize a cost
savings by recommending that they use fuel with a lower octane level for their
vehicles.
Mr. Hall stated
that, as a result of parental concerns, the Chief of Police and the Township
have examined the idea of having a bus stop at the Berkshire Valley
Firehouse. The Township has notified the
Superintendent and the Board of Education that we agree with the safety
concerns that were raised by several parents.
Mr. Hall stated that, in the future, the Board of Education should
notify the Township prior to making a change like this.
Mr. Schmidt stated
that we used a new top-coating treatment for road repairs on Patricia Drive. We will be monitoring the durability of the
technique over the next few years in hopes that this will be a more economical
procedure for repair of the Township’s less traveled roads.
Mr. Schmidt stated
that New Jersey Natural Gas announced a 19% increase in their rates.
Mr. Rilee stated
that the County is looking for the Council’s support of their preliminary road
design which recommends having two lanes between Main Street and Rt. #10 southbound; three
lanes on Rt. #10 northbound; and a left turn lane on the south side of Hillside Avenue. The Council felt that the improvements would
help with the traffic flow.
Deputy Mayor
DeFillippo stated that she observed the SLAP Program cleaning up around Horseshoe Lake and was impressed with the
cleanliness of the area.
Deputy Mayor
DeFillippo stated that, while at the building at 72 Eyland, she observed work
being done in preparation for a transition from the Township’s bottled drinking
water to a bottleless, filtered drinking water system. Mr. Raths stated that, at Town Hall, a
replacement refrigerator was purchased with filtered water availability from
the door. Mr. Raths stated that the
changes will result in a cost savings for the Township.
Deputy Mayor
DeFillippo stated that there still is no gate on the fence at Dell Park. Mr. Raths stated that the gate would be
installed soon.
Deputy Mayor
DeFillippo asked if Berkshire
Valley Park
was going to have a gate. Mr. Raths
stated that there would be a gate at the Berkshire Valley
Park.
Deputy Mayor
DeFillippo stated that residents have requested that Berkshire Valley
Park have picnic benches
and a picnic table.
Deputy Mayor
DeFillippo stated that “Alive at 25” is a shared services program between the
Roxbury Police Department and the Board of Education designed to educate high
school students and their parents about the rules and dangers of driving.
Deputy Mayor
DeFillippo asked when the Rt. #206 meeting with the neighboring towns is going
to be held. Mr. Raths will confirm the
date and time.
Deputy Mayor
DeFillippo stated that she had a letter from ‘Morris Tomorrow’ asking that we send
them pictures from our community by September 30th.
Deputy Mayor
DeFillippo stated that she had asked Mr. Raths to arrange a tour of the Berkshire Valley Road
building prior to the Nutrition
Center being moved to Eyland Avenue. Mr. Raths stated that he would have some
potential dates for a tour emailed to the Council members.
Mayor Smith stated
he received a letter from the DEP, NJ Shade Tree and Community Forestry
Assistance Act, in regard to a grant for tree planting, tree removal, hazardous
tree identification and related work for up to $3,000.00 (with a matching
component requirement). Mr. Raths stated
that he would look into this.
Mayor Smith stated
that the Economic Development Committee spent a lot of time discussing the Rt.
#46 corridor and they should have a redevelopment vision soon.
Mayor Smith stated
that the Council members have information to review on the Township’s plan to
purchase a portion of the Swim & Sport Club property for Open Space.
Mayor Smith stated
that, in regard to Open Space, there is a piece of property behind Kuiken
Brothers that may be for sale. There is
also another potential Horeseshoe
Lake property in which
the Council will be receiving information on.
Mr. Raths is gathering more data on both of these properties.
Ms. DeCroce stated
that the documents that were stored at Eyland Ave. have been cleared out and the
space is now empty.
Mr. Raths would like
a Workshop Meeting to have pre-budget conversations.
MATTERS REQUESTED/REFERRED BY COUNCIL MEMBERS, MANAGER,
ATTORNEY OR CLERK
A. Oath of Office of Local Registrar of Vital
Statistics
B. SSC One Day Liquor License
C. North Jersey
Legends Hog Chapter One Day Liquor License
Mr. Rilee made a motion to approve items B and C as listed
above. Mr. Schmidt seconded the motion.
Mr.
Hall - Yes Mayor
Smith – Yes
Motion carried 6 to 0.
D. Title 39 Enforcement- Private
Property
Mr. Bucco stated that the State has sent a notice to all
Municipalities that it will no longer give input on the enforcement of traffic
regulations on private property.
A resolution for consideration at the League of
Municipalities to reverse this decision should be considered.
DRAFT ORDINANCES FOR DISCUSSION
None
INTRODUCTION OF PROPOSED ORDINANCES
13-08 AN ORDINANCE TO AMEND AND
SUPPLEMENT CHAPTER VII, TRAFFIC, OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP
OF ROXBURY, COUNTY OF MORRIS, STATE OF NEW JERSEY
Mr. Rilee made a motion to introduce Ordinance 13-08. Mr. Schmidt seconded the motion.
Roll Call: Mr.
Rilee - Yes Mr.
Schmidt - Yes
Mr.
Behrens - Yes Deputy Mayor DeFillippo -
Yes
Mr. Hall – Yes Mayor Smith - Yes
Motion Carried 6 to 0.
HEARING AND ADOPTION OF ORDINANCES ON SECOND READING
None
DRAFT RESOLUTION FOR DISCUSSION
None
INTRODUCTION AND ADOPTION OF RESOLUTIONS
08-359 A RESOLUTION INCORPORATING BY REFERENCE HEREIN AND APPROVING THE FOLLOWING
NUMBERED RESOLUTIONS LISTED ON THE WORKSHOP COUNCIL MEETING AGENDA FOR THIS
DATE: 08-357, 08-360, 08-361, 08-362, 08-363, 08-364, 08-365, 08-366,
08-367, 08-368, 08-369, 08-370, 08-371, 08-372, 08-373, 08-374, 08-375, 08-376,
08-377, 08-378
Mr. Rilee made a motion to adopt 08-359. Deputy Mayor DeFillippo seconded the motion.
Roll Call: Mr.
Rilee - Yes Deputy
Mayor DeFillippo - Yes
Mr. Behrens – Yes Mr. Hall – Yes
Mr. Schmidt – Yes, with an abstention
on 08-372 & 08-373
Mayor Smith - Yes
Motion carried 6 to 0, with one abstention on Resolution
08-372 and one abstention on Resolution 08-373.
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
08-360 A
RESOLUTION AUTHORIZING THE RELEASE OF A PERFORMANCE GUARANTEE POSTED FOR
RIGHT-OF-WAY EXCAVATION PERMIT NO.RO-05-08-033, 57A UNNEBERG AVENUE, SUCCASUNNA; BLOCK 3201, LOT 13
08-361 A RESOLUTION AUTHORIZING THE RELEASE
OF A PERFORMANCE GUARANTEE POSTED FOR RIGHT-OF-WAY EXCAVATION PERMIT NO.
RO-02-08-003, 259 EYLAND AVENUE, SUCCASUNNA; BLOCK 2904, LOT 15
08-362 A RESOLUTION AUTHORIZING THE
REFUND OF UNUSED ENGINEERING INSPECTION ESCROW FEES TO DEVELOPING ENTERPRISES
LLC FOR THE DEVELOPMENT OF11 REGER ROAD; BLOCK 101, LOT 4
08-363 A
RESOLUTION AUTHORIZING THE REFUND OF UNUSED ENGINEERING INSPECTION ESCROW FEES
TO POSEIDON SPA & POOL, LLC REGARDING VARIOUS SOIL MOVING PERMITS WITHIN
THE TOWNSHIP OF ROXBURY
08-364 A RESOLUTION AUTHORIZING THE
REFUND OF UNUSED ENGINEERING INSPECTION ESCROW FEES TO AMERICAN POOLS, INC.
REGARDING SOIL MOVING PERMIT NO. 062707; BLOCK 3203, LOT 2
08-365 A
RESOLUTION AUTHORIZING THE REFUND OF UNUSED ENGINEERING INSPECTION ESCROW FEES
TO ALAN PFERSCH REGARDING SOIL MOVING PERMIT NO. 092507; BLOCK 6001, LOT 36
08-366 A
RESOLUTION AUTHORIZING THE RELEASE OF A PERFORMANCE GUARANTEE POSTED FOR
RIGHT-OF-WAY EXCAVATION PERMIT NO.RO-06-08-062, 14 CLEARFIELD ROAD, SUCCASUNNA; BLOCK 3403, LOT 9
08-367 A
RESOLUTION AUTHORIZING THE RELEASE OF A PERFORMANCE GUARANTEE POSTED FOR
RIGHT-OF-WAY EXCAVATION PERMIT NO.RO-07-08-065, 10 RADCLIFF DRIVE, SUCCASUNNA; BLOCK 4201, LOT 16
08-368 A
RESOLUTION AUTHORIZING THE RELEASE OF A PERFORMANCE GUARANTEE POSTED FOR RIGHT-OF-WAY
EXCAVATION PERMIT NO. RO-07-08-067, 31 HONEYMAN DRIVE, SUCCASUNNA; BLOCK 3005, LOT 12
08-369 A
RESOLUTION AUTHORIZING THE RELEASE OF A PERFORMANCE GUARANTEE POSTED FOR
RIGHT-OF-WAY EXCAVATION PERMIT NO. RO-07-08-077, 10 CONSTITUTION AVENUE, SUCCASUNNA; BLOCK 701,
LOT 62
08-370 A RESOLUTION AUTHORIZING THE
REFUND OF UNUSED ENGINEERING INSPECTION ESCROW FEES TO BRIAN OSTERMAN REGARDING
SOIL MOVING PERMIT NO. MINSOIL-04-08-004; BLOCK 701, LOT 29
08-371 A RESOLUTION AUTHORIZING THE
RELEASE OF A PERFORMANCE GUARANTEE POSTED FOR RIGHT-OF-WAY EXCAVATION PERMIT
NO.RO-06-08-060, 10 VALLEY ROAD,
SUCCASUNNA; BLOCK 4803 , LOT 2
08-372 A
RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT TO PETERSON & SONS TREE
SERVICE FOR TREE REMOVAL ON TOWNSHIP PROPERTY MORE FORMALLY KNOWN AS 58 CAYUGA
AVENUE; BLOCK 12107, LOT 10
08-373 A RESOLUTION AMENDING
RESOLUTION NO. 08-148 THAT AUTHORIZED THE ENDORSEMENT OF A TREATMENT WORKS
APPROVAL PERMIT APPLICATION ON BEHALF OF JAI LAXMINARAYAN CORPORATION FOR THE
DAYS INN OF LEDGEWOOD; BLOCK 9603 LOT 9
08-374 A RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT TO WELDON MATERIALS,
INC. FOR PAVING MATERIALS
08-375 A RESOLUTION AUTHORIZING THE AWARD OF A
CONTRACT TO PETERSON & SONS TREE SERVICE FOR TREE WORK ON VARIOUS TOWNSHIP
ROADS
08-376 A
RESOLUTION AMENDING THE MEMBERSHIP OF
THE TOWNSHIP FIRE
DEPARTMENT
08-377 A RESOLUTION AUTHORIZING THE AWARD OF A
CONTRACT TO PK ENVIRONMENTAL PLANNING AND ENGINEERING FOR A PHASE 2 SITE
INVESTGATION FOR THE MORRIS CANAL PROPERTY LOCATED AT 323 CENTER STREET, PORT
MORRIS; BLOCK 10401, LOT 1
Mr. Raths
distributed a Certification of Funds to the Council members.
08-378
A RESOLUTION AUTHORIZING THE PAYMENT OF BILLS
PERSONNEL CHANGES
None
COMMUNICATIONS
#2 Correspondence
from Gene Feyl, Freeholder Deputy Director, to Commissioner Kris Kolluri, New
Jersey Department of Transportation, dated August 13, 2008, re: Route 10 / Commerce Blvd. Improvements
Mayor Smith stated that Gene Feyl has done a wonderful job
of pushing for this and communicating with the Township about the status of
this issue.
#4 Correspondence
from John Bonanni, County
Administrator, to
Christopher Raths, Township Manager, dated September 3, 2008, re: Animal Control, Sheltering, and Cruelty Services
Feasibility Study
#14 Articles on artificial turf
Mr. Hall stated that he has additional information on
artificial turf.
#20 Lake Musconetcong
Regional Planning Board Regular Meeting Minutes–July 16, 2008
Deputy Mayor DeFillippo asked what dates are scheduled for
the next Lake Musconetcong cleanup.
PUBLIC PORTION
Mr. Richard Crammond
4 Bari Drive,
Ledgewood
Mr. Crammond stated that he attended a construction meeting
with the contractor for the Plane 2 East Project in the area of Ledgewood Park.
Mr. Crammond stated that ATV’s ride on that property and that all the
signs and contractor’s equipment were vandalized with graffiti and paint from
paintball guns. Mr. Raths stated that
gates are being installed to stop trespassers.
Discussion should take place with regard to cameras in the area for
protection.
Mr. Robert Kluska
274 Emmans
Road, Ledgewood
Mr. Kluska stated that kids with paintball guns are a
continuing problem. Mr. Kluska stated
that volunteers worked the book sale for the Friends of the Library and it was
successful. Mr. Kluska asked for an
explanation of a check in the amount of $250.00 on Page 68 of the agenda to the
“Crohns & Colitis Foundation”. Mr.
Raths stated that we annually make a donation to this foundation on behalf of
Edumands, one of our software providers, who, in turn reduces the Township bill
by $250.00.
Mr. Kluska stated that the resurfacing of roadways as
described for Patricia Drive
is not a good idea for heavily traveled roads.
Mr. Schmidt stated that this is a different procedure and will not
produce dust.
Mr. Kluska stated that police should patrol parking lots
more often for vehicles occupying handicapped parking spaces without “Handicap”
stickers or hang tags.
Mr. Richard Crammond
4 Bari Drive,
Ledgewood
Mr. Crammond stated that police should also make sure that vehicles with
“Handicap” stickers are actually occupied by the handicapped person.
Mayor Smith Closed
the Public Portion.
EXECUTIVE SESSION
08-379 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 #08-379 for Executive Session. Mr. Hall seconded the motion.
Roll Call: Mr. Rilee – Yes Mr. Hall - Yes
Mr. Behrens – Yes Deputy Mayor DeFillippo - Yes
Mr. Schmidt – Yes Mayor Smith - Yes
Motion carried 6 to
0.
ADJOURNMENT
At 9:25 PM Mr. Rilee made a motion to adjourn. Mr. Hall seconded the motion.
Roll Call: Mr. Rilee – Yes Mr. Hall - Yes
Mr. Behrens – Yes Deputy Mayor DeFillippo - Yes
Mr. Schmidt – Yes Mayor Smith - Yes
Motion carried 6 to
0.
Submitted By:
________________________________
BettyLou DeCroce
Township Clerk
MINUTES APPROVED BY
COUNCIL
DATE: October 21, 2008
ROLL CALL: Mr. Rilee – yes Mrs. DeFillippo – yes
Mr.
Behrens – yes Mr. Hall – yes
Mr.
Zoschak – abstain Mayor Smith - yes