October 21, 2008

 

A Workshop Meeting of the Township Council of the Township of Roxbury was held on October 21, 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, Richard Zoschak and Mayor Timothy Smith

 

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

 

Absent:  Councilman Martin Schmidt

 

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

Mr. Zoschak stated that the Lake Hopatcong Commission met last night.  Senator Bucco was in attendance, as were reporters from many news agencies.  The entire staff is being laid off as of November 28, 2008.  The Commission is attempting to find expenses that can be reduced and reallocated to fund office space costs, the Internet and telephone services.  Senator Bucco is sponsoring a bill for permanent funding from boater registration fees.  The State is looking for the commissioners to take over responsibilities, such as taking water samples and other time-sensitive issues.  The staff has been finding tires that have been dumped in the lake.  Mr. Schmidt asked if there was a way to dispose of these tires without being charged a fee.  Mr. Raths will check with the MUA.  Mr. Zoschak stated that the equipment is being stored at the National Guard Armory in Dover.

 

Mr. Zoschak stated that Lisa Jackson has been promoted and will no longer hold the position of the Commissioner of the NJDEP.  A successor has not been named as of yet.

 

Mr. Raths advised the Council that the Township was not prepared to recommend the sale of the King Cove property.

 

Mr. Rilee stated that tomorrow’s Morris County Open Space meeting would be the final night of presentations.

 

Mr. Rilee stated that the Economic Development Committee would be discussing potential zone changes and alterations at the Master Plan meeting on Thursday, October 23, 2008.

 

Mr. Hall stated that he would present the results of the Shared Services feasibility study to the Council within the next few weeks.

 

Mr. Hall stated that he has received the latest agreement from the Board of Education in regard to the proposed turf field.

 

Mr. Hall stated that he has received positive feedback about the new Recreation newsletter.  Mr. Hall gave credit to Mr. Schmidt, Dave Stierli, the recreation staff, and Jen Russo for their efforts in putting this together.  Mr. Zoschak stated that this publication is put out by members of the Roxbury Chamber of Commerce and is part of the “Our Town” magazine.

 

Mr. Hall stated that there would be a Recreation meeting on Saturday.  They will be working on a plan that would provide processes and procedures to be followed when requesting the use of the fields.

Mr. Hall stated that he was impressed with the attendance at the 5K run charity event “Anna’s Run/Walk to Stop Domestic Violence” on October 19, 2008.  Ralph’s Runners and the Roxbury Field of Dreams sponsored the event.

Deputy Mayor DeFillippo thanked Mr. Raths’ staff for conducting the tour of the Berkshire Valley building and the playground.  She stated that the graffiti is minimal and she has been assured that it will be easy to clean up.  Deputy Mayor DeFillippo stated that she has received many compliments regarding the walkway.

 

Deputy Mayor DeFillippo attended a joint meeting of the League of Municipalities with Morris, Sussex, and Warren counties regarding COAH.  Commissioner Doria informed attendees that their COAH plans needed to be submitted by the end of the year and stated that temporary Certificates of Occupancy would be considered a Final CO for Development Fee purposes.

 

Mr. Zoschak asked if the camera was installed at the park.  Mr. Raths stated that he needed to check on the status and get back to the Council with an update.

 

Mr. Raths stated that we are in the process of receiving proposals from firms to conduct the energy audit for the 2009 season.  The state’s proposal to provide assistance of up to seventy-five percent of the cost of the audit fee has been held up at the administrative level.  Although they would be responsible for their share of the costs, Mr. Raths stated that we would be asking the schools if they would like to participate with us.

 

Mr. Raths stated that Bob Parker of New Horizons, a GED alternative program, may be interested in leasing the Berkshire Valley building after the Nutrition Center relocates to Eyland Avenue.

 

Deputy Mayor DeFillippo stated that she has not been able to access the clean energy website, thus she has been unable to research the audit information.

 

Deputy Mayor DeFillippo stated that, while on the tour of the Nutrition Center, staff members brought up several concerns about moving.  Mr. Raths stated that he addressed these issues in his weekly ‘Information Update’.  Other than money the Township has budgeted for some plumbing, the cost of upgrades to the site would be the County’s responsibility.  Mr. Raths also stated that we are determining whether duplicate services are being provided.

 

A.  New Business

 

B.  Old Business

1.  Procurement Policy

 

PUBLIC PORTION                                               

Robert Kluska

274 Emmans Road, Flanders

Mr. Kluska asked for an update regarding the award of the Emmans Road paving project to Tilcon and the uncertainty of their ability to honor their quote, as discussed at the last Council meeting.  Mr. Bucco stated Tilcon has agreed to honor their contract price.  Tilcon will be negotiating a higher fee with Morris County Cooperative Pricing Council and the Township will pay the difference, not to exceed 18% of the original quoted cost.

 

Mayor Smith closed the public portion of the meeting.

 

 

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

A.  Presentation-Lisa Spring 3^rd Quarter Financials

Ms. Spring was unable to attend tonight’s meeting.  Therefore, Mr. Raths presented the information to Council members.  Mr. Raths stated that we are projecting a $300,000 deficit in some accounts, which represents approximately 1.5% of the operating budget.  These deficiencies will be addressed through transfers at the end of the year.  Mr. Raths stated that we are operating under a ‘hiring freeze’ and that we are not purchasing any nonessential items.  The Council members had questions on various revenue and expense items.  Mr. Raths responded to individual questions, many of which were the result of allocation issues.

 

B.  Presentation-Mike Kobylarz

Mike Kobylarz, Township Engineer/Director of Public Works, and Rick Blood, Assistant Director of Public Works presented their annual update to the Council on their department’s major work tasks, capital projects and improvements for 2008.  Mr. Kobylarz reported that the Engineering Department has been involved with Sanitary Sewer Evaluations, the Wastewater Management Plan, Inlet Reconstruction bids, Public Works Facility bids, assisting the Musconetcong Sewerage Authority with their Wastewater Management Plan, the Illicit Connection Elimination program, the Inlet Labeling program, the Outfall Pipe Mapping program, as well as, assisting the Lake Hopatcong Commission with assessing the design proposal for the swim water quality measures.

 

Grant applications were prepared and submitted to the NJDOT for Local Aid Roadway Infrastructure (Berkshire Valley Road, Phase I) and Safe Routes to School.  Other grant application submissions included Morris County Community Development Block Grant (CDBG) for the Main Street sidewalk, and a TransOption Grant for bicycle racks and signage for the Lincoln-Roosevelt School, Horseshoe Lake area and the Township Library.

 

The Engineering department completed Phase V of the Eyland Avenue paving project and Phase I of the Main Street Streetscape.  Work has been done regarding the Morris Canal Inclined Plane 2 project, water system improvements, the Fire Company #2 annex expansion, GIS mapping of storm sewer system (as part of the Inlet Labeling Program), and inspections/coordination of the utilities/construction for the Villages at Roxbury project.

 

Grant monies were collected for the following projects:  Emmans Road Phase III ($170,000); Eyland Avenue Phase V ($185,000); and TransOptions ($6,000)

 

The Department of Public Works has been working on sidewalk improvements in the Sunrise Park section of town; road improvements on Parkview Drive, Pleasant Hill Road, Morningside Drive, and Atlantis Drive; drainage improvements on Mildred Terrace; installation of concrete pads under containers at the Recycling Center; upgrading of water meters and transmitter units; sewer conversion from chlorine gas to hypochlorite; upgrading of sludge pumps and metering equipment; completion of emergency repairs to Ajax Plant; reduction in total tonnage of solid waste; and an increase in recycling income.

 

APPROVAL OF MINUTES

September 9th - Regular

 

Mr. Rilee made a motion to approve the minutes as listed above.  Deputy Mayor DeFillippo seconded the motion.

 

Roll Call:          Mr. Rilee – Yes                        Deputy Mayor DeFillippo – Yes

Mr. Behrens – Yes                   Mr. Hall – Yes

Mr. Zoschak – Abstain Mayor Smith – Yes

 

Motion carried 5 to 0 with one abstention.

DRAFT ORDINANCES FOR DISCUSSION

None

 

INTRODUCTION OF PROPOSED ORDINANCES

None

 

HEARING AND ADOPTION OF ORDINANCES ON SECOND READING

15-08               BOND ORDINANCE TO AUTHORIZE THE UNDERTAKING OF VARIOUS ROAD IMPROVEMENTS AND THE ACQUISITION OF NEW AUTOMOTIVE VEHICLES, INCLUDING ORIGINAL APPARATUS AND EQUIPMENT, IN, BY AND FOR THE TOWNSHIP OF ROXBURY, IN THE COUNTY OF MORRIS, STATE OF NEW JERSEY, TO APPROPRIATE THE SUM OF $280,000 TO PAY THE COST THEREOF, TO MAKE A DOWN PAYMENT, TO AUTHORIZE THE ISSUANCE OF BONDS TO FINANCE SUCH APPROPRIATION AND TO PROVIDE FOR THE ISSUANCE OF BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE OF SUCH BONDS

 

Mr. Zoschak made a motion to open Ordinance 15-08 to the public.  Mr. Rilee seconded the motion.

 

Roll Call:          Mr. Zoschak – Yes                  Mr. Rilee – Yes

Mr. Behrens – Yes                   Deputy Mayor DeFillippo – Yes

Mr. Hall – Yes                         Mayor Smith – Yes

 

Motion carried 6 to 0.

 

There was no public comment.

 

Mr. Zoschak made a motion to close Ordinance 15-08 to the public.  Mr. Rilee seconded the motion.

 

Roll Call:          Mr. Zoschak – Yes                  Mr. Rilee – Yes

Mr. Behrens – Yes                   Deputy Mayor DeFillippo – Yes

Mr. Hall – Yes                         Mayor Smith – Yes

 

Motion carried 6 to 0.

Mr. Zoschak made a motion to adopt Ordinance 15-08.  Mr. Rilee seconded the motion.

 

Roll Call:          Mr. Zoschak – Yes                  Mr. Rilee – Yes

Mr. Behrens – Yes                   Deputy Mayor DeFillippo – Yes

Mr. Hall – Yes                         Mayor Smith – Yes

 

Motion carried 6 to 0.

 

DRAFT RESOLUTION FOR DISCUSSION

08-                   A RESOLUTION AUTHORIZING THE PURCHASE OF A TILT BODY AND PLOW FRAME INSTALLATION WITH ACCESSORIES AND ACCESSORIES FROM TONY SANCHEZ LTD FOR THE TOWNSHIP’S ROAD DEPARTMENT

Mr. Raths stated that only one bid was received.  Mr. Blood stated that this would be re-bid.  Mr. Bucco stated that there would need to be a resolution rejecting the sole bid and authorizing the receipt of bids.

 

INTRODUCTION AND ADOPTION OF RESOLUTIONS

08-444             A RESOLUTION INCORPORATING BY REFERENCE HEREIN AND APPROVING THE FOLLOWING NUMBERED RESOLUTIONS LISTED ON THE WORKSHOP COUNCIL MEETING AGENDA FOR THIS DATE:  08-445, 08-446, 08-447, 08-448, 08-449, 08-450, 08-451, 08-453, 08-454, 08-455, 08-456, 08-458, 08-459, 08-460

 

Mr. Rilee made a motion to adopt Resolution 08-444.  Deputy Mayor DeFillippo seconded the motion.

 

Roll Call:          Mr. Rilee – Yes

Deputy Mayor DeFillippo – Yes

Mr. Behrens – Yes (abstain on check numbers 00325610, 00325630, 00328070, 00328410, 00329640, 00329650, and 00329660)

Mr. Hall – Yes

Mr. Zoschak – Yes (No on 08-453 and 08-454)

Mayor Smith – Yes

 

Motion carried 6 to 0 (with one abstention on check numbers 00325610, 00325630, 00328070, 00328410, 00329640, 00329650, and 00329660; and one ‘No’ on 08-453 and 08-454)

 

08-445             A RESOLUTION AUTHORIZING THE RELEASE OF A PERFORMANCE GUARANTEE POSTED FOR RIGHT-OF-WAY EXCAVATION PERMIT NO. JAN1906A 14 GORDON RD, WHARTON BLOCK 12901, LOT 58

 

08-446             A RESOLUTION AUTHORIZING THE REFUND OF UNUSED ENGINEERING INSPECTION FEES TO KAZI FOODS OF NEW JERSEY FOR THE PROJECT KNOWN AS KAZI FOODS OF NJ/KFC LONG JOHN SILVERS LOCATED AT 1110 ROUTE 46, LEDGEWOOD; BLOCK 6501, LOT 19

 

08-447             A RESOLUTION AUTHORIZING THE REFUND OF UNUSED ENGINEERING INSPECTION FEES TO DR. EMMANUEL AKPAN FOR THE PROJECT KNOWN AS EMANSE ESTATE LLC LOCATED AT 1278 ROUTE 46, LEDGEWOOD BLOCK 7502, LOTS 6 & 7

 

08-448             A RESOLUTION AUTHORIZING THE RELEASE OF A PERFORMANCE GUARANTEE POSTED FOR RIGHT-OF-WAY EXCAVATION PERMIT NO. RO-09-08-116, 2 CENTER LANE, SUCCASUNNA BLOCK 1302, LOT 85

 

08-449             A RESOLUTION AUTHORIZING THE REFUND OF A TREE BOND AND ACCEPTANCE OF A MAINTENANCE BOND IN CONNECTION WITH THE SITE PLAN APPROVAL FOR ARMINIO LANDSCAPING LOCATED ON SHIPPENPORT ROAD, BLOCK 1010, LOT 32

 

08-450             RESOLUTION AUTHORIZING 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

 

08-451             A RESOLUTION SUPPORTING ASSEMBLY BILL NO. A-2731, WHICH WOULD PERMIT MUNICIPALITIES AND COUNTIES TO MAKE CERTAIN TRAFFIC ENGINEERING DECISIONS WITHOUT DOT APPROVAL.

 

08-452             HOLD-A RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF ROXBURY, IN THE COUNTY OF MORRIS, AND STATE OF NEW JERSEY, AUTHORIZING THE ADVICE AND CONSENT FOR THE ADOPTION OF SEVERAL REVISIONS TO THE TOWNSHIP’S PERSONNEL POLICY MANUAL AS PREPARED AND PRESENTED BY THE TOWNSHIP MANAGER

Mr. Raths stated that a revised personnel policy, with the changes highlighted,  will be submitted to Council members.  This resolution will be on the next agenda.

 

08-453             A RESOLUTION AUTHORIZING ADDITIONAL COMPENSATION FOR PROFESSIONAL SERVICES RENDERED BY BARRY J. KRAUSER, MAI, CRE OF INTEGRA REALTY RESOURCES IN CONNECTION

WITH THE DEFENSE OF THE MATTER ENTITLED COUNTY

CONCRETE, ET AL VS. TOWNSHIP OF ROXBURY, ET AL

Deputy Mayor DeFillippo asked for details about the additional fees.  Mr. Bucco responded that the initial report was prepared for litigation purposes.  Due to the fact that the issues are so complicated, extra time was needed to do additional appraisal work on some of the properties in order to come up with specific numbers and create a second report.

 

08-454             A RESOLUTION AUTHORIZING ADDITIONAL COMPENSATION FOR PROFESSIONAL SERVICES RENDERED BY FRANK D. TINARI, Ph.D., OF TINARI ECONOMICS, INC.  IN CONNECTION WITH THE DEFENSE OF THE MATTER ENTITLED COUNTY CONCRETE, ET AL VS. TOWNSHIP OF ROXBURY, ET AL

Deputy Mayor DeFillippo asked for details about the additional fees.  Mr. Bucco responded that Mr. Tinari’s report was complicated and required more work than originally anticipated.  There were also several revisions that were needed.  Mr. Zoschak stated that contractors should honor their original quoted price.

 

08-455             A RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT TO PETERSON & SONS TREE SERVICE FOR TREE WORK ON VARIOUS TOWNSHIP ROADS

 

08-456             A RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT TO TILCON NEW YORK INCORPORATED FOR MILLING AND PAVING OF PLEASANT HILL ROAD AND KINGS HIGHWAY

 

08-458             A RESOLUTION AMENDING THE MEMBERSHIP OFTHE TOWNSHIP FIRE DEPARTMENT

 

08-459             A RESOLUTION AUTHORIZING THE REFUND OF TAXES

 

08-460             A RESOLUTION AUTHORIZING THE PAYMENT OF BILLS

 

INTRODUCTION AND ADOPTION OF RESOLUTIONS (continued)

08-457             A RESOLUTION AUTHORIZING A REFUND TO VITAL RECORDS, INC. 

The Council members discussed the reasons for rescheduling this project.

 

Mr. Rilee made a motion to adopt Resolution 08-457.  Mr. Zoschak seconded the motion.

 

Roll Call:          Mr. Rilee – Yes                        Mr. Zoschak – Yes

Mr. Behrens – Yes                   Deputy Mayor DeFillippo – Yes

Mr. Hall – Yes                         Mayor Smith – Yes

 

Motion carried 6 to 0.

COMMUNICATIONS

October 10, 2008

#3  Correspondence from Gerald Rohsler, Director, County of Morris, Dept. of Planning, Development & Technology, Division of Transportation, to Christopher Raths, Township Manager, dated September 30, 2008, re:  Morris & Erie Railway proposal to construct a privacy fence and intent to install a temporary trailer at the Kenvil Team Track

Mr. Raths verified for Mr. Zoschak that the County would be coming before the Planning Board for a courtesy review.  Deputy Mayor DeFillippo stated that this would be an increase of nine hundred trucks traveling on our roads, causing noise and possible wear and tear on the pavement.  Mr. Raths stated that he would find out what route the trucks will be taking and report back to the Council.

 

#4  Correspondence from Lt. James Simonetti to Christopher Raths, Township Manager, dated October 2, 2008, re:  Van Replacement

Mr. Zoschak asked for verification that only the amount of money received from the insurance settlement would be used for the new van.  Mr. Raths stated that no additional monies were needed for the new van.

 

October 17, 2008

#1, Item C:  Tree Preservation / Forestry Plan-“Mr. Blood has been expending all his time on getting the fall paving complete.  He will proceed with this after he has addressed the paving issue”

Deputy Mayor DeFillippo asked when the trees at Horseshoe Lake would be taken care of.  Mr. Blood will be working on this for the next meeting.

 

#1, Item H:  Shared Services-“Mr. Stierli has been in contact with the consultant regarding the status of the feasibility study.  The report is due 10/10”.

Deputy Mayor DeFillippo asked if this report has been received.  Mr. Raths stated that we received it last Friday.

 

#2  Correspondence from Peter N. Tabbot, President, New Jersey Health Officers Association (NJHOA), to Christopher Raths, Township Manager, dated October 14, 2008, re:  Frank A. Grisi (Roxbury Township Health Officer) selected as the recipient of the “2008 Frank J. Osborne Award“ for meritorious achievement in public health to be presented on 10/23/08 at the Mercer County College Conference Center

Mayor Smith asked Mr. Raths to send a letter to Mr. Grisi on behalf of the Mayor and Council extending their congratulations on receiving this award.

 

#3  Correspondence from Michael Kobylarz, Township Engineer, to Ms. Carol Reed, resident of Alexandria Drive, dated October 14, 2008, re:  Sanitary Sewer Extension Survey:  Alexandria Drive and Read Court Project Area

Mr. Hall asked about the wording of the letter as written by Mr. Kobylarz.  Mr. Raths stated that the letter is not meant to imply that the Council would approve the project even if two-thirds of the residents show interest in the public sanitary sewers for their properties.  The intent was to convey that a two-thirds majority is needed in order for the project to advance beyond the Engineering Department.

 

#4  Correspondence from Margaret Nordstom, Morris County Freeholder Director, to Mayor Smith, dated October 7, 2008, re:  Sale of Surplus County Vehicles

Mr. Rilee stated that these types of opportunities provide a low cost alternative when the Township needs a vehicle.  Mr. Raths referenced the issue of the Explorers van replacement and stated that he would forward this information to the police department for their review.

 

#6  Correspondence from Eileen Swan, Executive Director NJ Highlands Water Protection and Planning Council, dated October 9, 2008, re:  Plan Conformance

Mr. Rilee stated that, since the County will be taking a lead roll in this, he wants to make sure that our intent is relayed to them.  Mr. Hall asked about the amount of time and effort that is needed in regard to the ‘Required Action’ of submitting a ‘Notice of Intent to conform to the Highlands Council’ by the February 1, 2009 deadline.  Mr. Rilee stated his objection to being compelled to pass a resolution stating the Township’s intention to comply after the State already mandated the compliance.  The Council will re-address this at a later date.

 

#11 Information from Snyder Research & Extension Farm, Rutgers, New Jersey Agricultural Experiment Station, re:  Developing  “Utility” Sports Fields Based on Farming Principles

Mr. Zoschak asked if Mr. Stierli had seen the article, specifically in regard to the low cost of the construction of the seven-acre field.  Mr. Raths will make sure that Mr. Stierli has a copy of this article.

 

EXECUTIVE SESSION

08-461             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

 

At 9:00 PM, Mr. Rilee made a motion to adopt Resolution 08-461 for Executive Session.  Mr. Zoschak seconded the motion.

 

Roll Call:          Mr. Rilee – Yes                        Mr. Zoschak – Yes

Mr. Behrens – Yes                   Deputy Mayor DeFillippo – Yes

Mr. Hall – Yes                         Mayor Smith – Yes

 

Motion carried 6 to 0.

 

Council returned to the meeting at 10:00 PM.

 

ADJOURNMENT

At 10:00 PM Mr. Zoschak made a motion to adjourn the Workshop Meeting.  Mr. Rilee seconded the motion.

 

Roll Call:          Mr. Zoschak – Yes                  Mr. Rilee – Yes

Mr. Behrens – Yes                   Deputy Mayor DeFillippo – Yes

Mr. Hall – Yes                         Mayor Smith – Yes

 

Motion carried 6 to 0.

 

Submitted By:

 

 

________________________________

BettyLou DeCroce

Township Clerk

 

MINUTES APPROVED BY COUNCIL

DATE:                        December 16, 2008

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

                                    Mr. Behrens – yes        Mayor Smith - yes