December 2, 2008
A Regular Meeting of the Township Council of the Township of
Roxbury was held on December 2, 2008 at 1715 Route 46, Ledgewood, New Jersey at
7:30 PM.
PLEDGE OF ALLEGIANCE
Members of Cub Scout Troop #163 of Succasunna led
the Pledge of Allegiance.
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 October 20, 2008; notice was
posted on the bulletin board in the main hallway of the Municipal Building on
October 20, 2008.
ROLL CALL (Present):
Mayor Timothy Smith, Deputy
Mayor Kathy DeFillippo, Councilmen Fred Hall, Jim Rilee and Richard Zoschak
Also Present: Christopher Raths, Township Manager;
Anthony Bucco, Township Attorney; and Janet Rieth, Deputy Township Clerk
Absent:
Councilmen Gary Behrens and Martin Schmidt
Mayor Smith amended
the order of business on the agenda to present a proclamation to Louis Bizzari,
Jr. and to discuss the McCain
Street Road vacation under “Matters
Requested/Referred by Council Members, Manager, Attorney or Clerk”
A. Proclamation-
Louis Bizzari, Jr.
Mayor
Smith read the proclamation for Louis Bizzari, Jr. who was chosen as the
recipient of the annual award by the Community Service Award Committee of the
New Jersey State Exempt Firemen’s Association, Inc.
Mr. Louis Bizzari,
Jr. thanked the Mayor and Council for honoring him with this proclamation. He also expressed appreciation to his wife,
as well as his fellow firefighters, for all their support.
D. McCain Street Road vacation
Mr. Raths advised the Council that three or four months ago, residents of
Ballantine Street
had requested that a portion of McCain
Street be vacated, which is a paper street. Correspondence that was received from their
attorney was sent to the departments for review. Mr. Raths stated that there are a few minor problems
with this request. He explained that one
of the issues is that a portion of the paper street borders the Wickes Lumber
property and they have been storing materials on a portion of the paper
street. The other problem is that once
the paper street is vacated it may create a buildable lot if not divided evenly
between the two adjoining properties.
Mr. Raths suggested that a deed restriction prohibiting any future
subdivision might prevent that from becoming a problem. Mr. Zoschak stated his concerns about the
multiple lots that are owned by Wickes Lumber.
He is concerned about access and potentially land-locking the
property. Mr. Bucco stated that both
Wickes Lumber and the owners of Lot 14 should
be notified that the Township is considering this.
David & Christine Thonie
14
Ballantine Street (Lot
18)
Mr. Thonie stated that he would expand his garden and plant some apple
trees if he were to acquire this property.
Mayor Smith returned to the order of the agenda.
APPROVAL OF MINUTES
September 23, 2008 -
Workshop meeting
October 7, 2008 -
Executive Session
October 7, 2008 -
Regular Meeting
October 21, 2008 -
Executive Session
October 29, 2008
Neighborhood meeting
November 3, 2008 -
Executive Session
Mr. Zoschak made a
motion to approve the minutes as listed above.
Deputy Mayor DeFillippo seconded the motion.
Roll Call: Mr. Zoschak – Yes
Deputy Mayor DeFillippo – Yes
Mr. Hall – Yes (abstain on September 23,
2008)
Mr. Rilee – Yes (abstain
on October 29, 2008)
Mayor Smith - Yes
(abstain on October 29, 2008)
Motion carried 5 to
0 with one abstention on September 23, 2008, and two abstentions on October 29,
2008.
PUBLIC PORTION
REPORTS OF COUNCIL LIAISON REPRESENTATIVES, COUNCIL
COMMITTEES AND OLD BUSINESS/NEW BUSINESS
Mr. Zoschak stated that the work on the Landing sea wall started
yesterday and should take approximately five weeks to complete. It is a prefabricated concrete stone
structure.
Mr. Zoschak would like the Council to adopt a resolution supporting
S-2262. The legislation provides
$700,000 of permanent funding for the Lake Hopatcong Commission.
Mr. Zoschak advised the Council that the NJDEP has decided to provide
funding for the administrator’s position for the Lake Hopatcong Commission.
Mr. Zoschak stated that the 319 Grant is moving forward with bid specs
expected to be out in two weeks and the final design finished for the aqua
filter in Landing.
Mr. Rilee commended Mr. Zoschak and the Lake Commission
for persevering throughout all the recent challenges that they have been faced
with.
Mr. Rilee stated that he attended the recent Fire Company #1 dinner and
it was an enjoyable evening.
Deputy Mayor DeFillippo stated that she received a note from a Port
Morris resident expressing appreciation for the installation of a picnic bench
and table at Port Morris’ Perfetti
Park. The resident was grateful that this project
was completed within days of it being requested at the October Neighborhood
meeting.
Deputy Mayor DeFillippo requested an update on the M&E Railroad
construction and transfer issue. Mr.
Raths stated that this would be discussed in executive session.
Mayor Smith stated that the League of Municipalities conference was
worthwhile and offered a variety of useful meetings.
Mayor Smith suggested that the Township explore other possibilities for
the replacement of Tom Grau, the Township’s water consultant.
Mr. Bucco stated that the Board of Education attorney advised him that
they have agreed to go back to our agreement regarding the construction of the
turf field. Mr. Bucco made some changes
and will distribute the agreement to the Council after he receives the
revisions that the Board of Education is proposing.
A. New Business
B. Old Business
1. Procurement Policy
MATTERS
REQUESTED/REFERRED BY COUNCIL MEMBERS, MANAGER, ATTORNEY OR CLERK
A. Proclamation-
Louis Bizzari, Jr. – Previously Discussed
B. VFW Ladies
Auxiliary Presentation- Youth Activities Award –
Will be on a future agenda
C. One Day Liquor License Rory O’Moore Pipes and
Drums January 17, 2009
Mr. Rilee made a
motion to approve item C as listed above.
Mr. Zoschak seconded the motion.
Roll Call: Mr. Rilee – Yes Mr. Zoschak – Yes
Deputy Mayor DeFillippo – Yes Mr. Hall – Yes
Mayor Smith – Yes
Motion carried 5 to
0.
D. McCain Street Road vacation – Previously Discussed
DRAFT ORDINANCES
FOR DISCUSSION
None
INTRODUCTION OF PROPOSED ORDINANCES
16-08 BOND ORDINANCE TO AMEND THE TITLE AND SECTION
1 OF THE BOND ORDINANCE (ORD. NO. 10-08) ENTITLED: "BOND ORDINANCE TO
AUTHORIZE THE REFURBISHING OF A FIRE ENGINE AND THE ACQUISITION OF NEW
INFORMATION TECHNOLOGY EQUIPMENT AND 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 $617,294
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," ADOPTED
JULY 8, 2008
Mr. Zoschak stated
that he would like to see the breakdown of the final cost of the tanker in
writing. Mr. Raths stated that the bid
opening will be December 9, 2008 and he is expecting several competitive bids
under $200,000. The Council will receive
details after the bid process is complete.
Mr. Rilee made a
motion to introduce ordinance 16-08. Mr.
Zoschak seconded the motion.
Roll Call: Mr. Rilee – Yes Mr. Zoschak – Yes
Deputy Mayor DeFillippo – Yes Mr. Hall – Yes
Mayor Smith – Yes
Motion carried 5 to
0.
Mayor Smith stated
that he spoke with representatives of the vendor who sold us our sound system
about the noise issues we have with the microphones/speakers in the Council
chambers. The reps stated that cell
phones receiving data could be the cause of the interruptions. Cell phones need to be turned off during
meetings.
HEARING AND
ADOPTION OF ORDINANCES ON SECOND READING
None
DRAFT RESOLUTION
FOR DISCUSSION
None
INTRODUCTION AND
ADOPTION OF RESOLUTIONS
08-492 A RESOLUTION INCORPORATING BY REFERENCE HEREIN AND APPROVING THE
FOLLOWING NUMBERED RESOLUTIONS LISTED ON THE WORKSHOP COUNCIL MEETING AGENDA
FOR THIS DATE: 08-493, 08-494, 08-495,
08-496, 08-497, 08-498, 08-499, 08-500, 08-501, 08-502, 08-503,
08-504, 08-505, 08-506, 08-507, 08-508, 08-509, 08-510, 08-511,
08-512, 08-514, 08-515, 08-516, 08-517
Mr. Rilee made a
motion to adopt resolution 08-492. Mr.
Hall seconded the motion.
Roll Call: Mr. Rilee – Yes Mr. Hall – Yes
Deputy Mayor DeFillippo – Yes Mr. Zoschak – Yes
Mayor Smith – Yes, with
a recusal on 08-507
Motion carried 5 to
0 with one recusal on 08-507.
08-493 A RESOLUTION AUTHORIZING THE RELEASE OF A PERFORMANCE GUARANTEE POSTED
FOR RIGHT-OF-WAY EXCAVATION PERMIT NO. NOV2602 545 ROGERS DRIVE – LANDING BLOCK 11805, LOT 30
08-494 A RESOLUTION AUTHORIZING THE RELEASE OF A PERFORMANCE GUARANTEE POSTED
FOR RIGHT-OF-WAY EXCAVATION PERMIT NO. RO-09-08-125, 15 ANN ST, SUCCASUNNA BLOCK 1603, LOT 9
08-495 A RESOLUTION APPROVING CHANGE ORDER NO. 1 TO THE CONTRACT WITH HAHR
CONSTRUCTION, INC. FOR THE STABILIZATION OF THE MORRIS CANAL INCLINED PLANE 2
EAST PROJECT – LEDGEWOOD BLOCK 8501, LOT 5
Mayor Smith stated that we should have more than one quote
for these types of projects. Mr. Raths
will advise the Engineering Department that, in the future, we still need three
prices. Mr. Raths also stated that the
money for the fence is coming from the funds received from the grant.
08-496 A RESOLUTION AUTHORIZING THE RELEASE OF A PERFORMANCE GUARANTEE TO
KEVIN MCARDLE 14 GORDON ROAD,
WHARTON BLOCK 12901, LOT 58
08-497 A RESOLUTION AUTHORIZING THE RELEASE OF A PERFORMANCE GUARANTEE POSTED
FOR RIGHT-OF-WAY EXCAVATION PERMIT NO. RO-10-08-136, 14 EARHART DRIVE, SUCCASUNNA BLOCK 201, LOT 17
08-498 A RESOLUTION AUTHORIZING THE REFUND OF UNUSED ENGINEERING INSPECTION
ESCROW FEES TO JOANN STORMO IN CONNECTION WITH SOIL MOVING PERMIT NO.
MINSOIL09-08-030 BLOCK 8301, LOT 4
08-499 A RESOLUTION AUTHORIZING THE REFUND OF UNUSED ENGINEERING INSPECTION
ESCROW FEES TO GEORGE MARKOU IN CONNECTION WITH SOIL MOVING PERMIT NO.
MINSOIL09-08-031 BLOCK 11404, LOT 9
08-500 A RESOLUTION AUTHORIZING THE RELEASE OF A PERFORMANCE GUARANTEE POSTED
FOR RIGHT-OF-WAY EXCAVATION PERMIT NO. RO-10-08-143, 12 BASS DRIVE, SUCCASUNNA BLOCK 1602, LOT 6
08-501 A RESOLUTION AUTHORIZING THE RELEASE OF A PERFORMANCE GUARANTEE POSTED
FOR RIGHT-OF-WAY EXCAVATION PERMIT NO. RO-10-08-148, 219 EYLAND AVENUE, SUCCASUNNA BLOCK 2907,
LOT 19
08-502 A RESOLUTION AUTHORIZING THE RELEASE OF A PERFORMANCE GUARANTEE POSTED
FOR RIGHT-OF-WAY EXCAVATION PERMIT NO. RO-09-08-129, 10 HENRY STREET – SUCCASUNNA BLOCK 3001, LOT 4
08-503 A RESOLUTION AMENDING THE
MEMBERSHIP OF THE TOWNSHIP FIRE DEPARTMENT
08-504 A RESOLUTION AUTHORIZING THE PURCHASE OF THREE SMALL UTILITY VEHICLES
FROM WARNOCK FLEET
08-505 A RESOLUTION AUTHORIZING THE AWARD OF A PROFESSIONAL SERVICES CONTRACT
WITHOUT COMPETITIVE BIDDING TO JOSHUA D. MACKOFF, STATE CERTIFIED REAL ESTATE
APPRAISER FOR PROFESSIONAL APPRAISAL SERVICES OF BLOCK 1802-LOT 1.02, 7 RIGHTER
RD, SUCCASUNNA, NJ
08-506 A RESOLUTION AUTHORIZING AN INTERLOCAL
SERVICES
AGREEMENT WITH THE COUNTY OF MORRIS FOR USE OF THE COUNTY’S MOBILE
DATA TERMINAL SYSTEM FOR THE CALENDAR YEAR 2009
Mr. Hall asked if
participating in this would require any additional costs in the future (for
special data carrying devices, etc excreta) in order to communicate with the
County. Mr. Raths stated that this is an
annual agreement for the mobile data services and it already includes our
access to the radio system. Mr. Raths
stated that there are not any additional costs associated with it. Deputy Mayor DeFillippo asked if the Terminal
Agency Coordinator position is a new position.
Mr. Raths stated that it is an assignment within the police department
and does not include extra pay.
08-507 A RESOLUTION AUTHORIZING THE EXECUTION OF A LICENSE AGREEMENT BETWEEN
THE TOWNSHIP OF ROXBURY
AND THE ROXBURY ARTS ALLIANCE, INC. FOR THE CONSTRUCTION AND USE OF A
PERFORMING ARTS CENTER AT 72
EYLAND AVENUE IN THE TOWNSHIP OF ROXBURY
08-508 A RESOLUTION OF THE TOWNSHIP
OF ROXBURY, COUNTY
OF MORRIS, STATE OF NEW JERSEY,
AUTHORIZING THE EXECUTION OF THE REVISED ESCROW AGREEMENT BETWEEN THE COUNCIL
ON AFFORDABLE HOUSING (COAH), THE TOWNSHIP
OF ROXBURY AND BANK OF AMERICA
08-509 A RESOLUTION OF THE TOWNSHIP OF ROXBURY, COUNTY OF MORRIS, STATE OF NEW
JERSEY, ENDORSING THE HOUSING ELEMENT AND FAIR SHARE PLAN AS ADOPTED BY THE
ROXBURY TOWNSHIP PLANNING BOARD AND PETITIONING THE NEW JERSEY COUNCIL ON
AFFORDABLE HOUSING FOR SUBSTANTIVE CERTIFICATION
Mr. Raths stated
that, although the spending plan was recently revised, there might be
additional revisions forthcoming. The
Council thanked everyone for the extraordinary efforts put forth in getting the
Fair Share Plan completed by the deadline.
08-510 A RESOLUTION AUTHORIZING THE
RELEASE OF A CASH BOND POSTED FOR A SOIL MOVING PERMIT BY ETEL REALTY LOCATED
ON ROUTE 10/MARY LOUISE AVE.BLOCK 6303, LOTS 6 & 7
08-511 A RESOLUTION AUTHORIZING THE RELEASE OF A MAINTENANCE BOND POSTED BY
KENBAR PROPERTIES LOCATED ON ORBEN DRIVE BLOCK 8602 LOT 2,3,4,5,14 & 15
08-512 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
08-514 A RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT TO REIVAX CONTRACTING
CORPORATION FOR THE INLET RECONSTRUCTION PROJECT
05-515 A RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT TO IGNOZZA ELECTRIC FOR
THE INSTALLATION OF A NEW ELECTRICAL SYSTEM FOR THE OUTSIDE LAWN LIGHTING IN FRONT
OF THE MUNICIPAL BUILDING, 1715 ROUTE 46 LEDGEWOOD
08-516 A
RESOLUTION AUTHORIZING THE REFUND OF TAXES
08-517
A
RESOLUTION AUTHORIZING THE PAYMENT OF BILLS
INTRODUCTION AND
ADOPTION OF RESOLUTIONS (continued)
08-513 HELD FOR NEXT MEETING-RESOLUTION OF THE TOWNSHIP COUNCIL OF THE
TOWNSHIP OF ROXBURY, COUNTY OF MORRIS, NEW JERSEY TO ESTABLISH A SCHEDULE OF
REGULAR MEETINGS OF THE TOWNSHIP COUNCIL DURING THE CALENDAR YEAR 2009
Mayor Smith stepped down for the following discussion
08-519 A RESOLUTION AUTHORIZING THE
EXECUTION OF A NAMING RIGHTS AGREEMENT BETWEEN THE TOWNSHIP OF ROXBURY, THE
ROXBURY ARTS ALLIANCE, INC. AND INVESTORS SAVINGS BANK FOR THE NAMING RIGHTS
ASSOCIATED WITH THE THEATER PORTION OF THE PERFORMING ARTS CENER LOCATED IN A
PORTION OF THE TOWNSHIP'S FACILITY AT 72 EYLAND AVENUE, SUCCASUNNA, NEW JERSEY
Mr. Rilee made a
motion to adopt resolution 08-519. Mr.
Hall seconded the motion.
Roll Call: Mr. Rilee – Yes Mr. Hall – Yes
Deputy Mayor DeFillippo – Yes Mr. Zoschak – Yes
Mayor Smith – Recusal
Motion carried 4 to
0 with one recusal.
PERSONNEL CHANGES
Memo dated November
21, 2008
COMMUNICATIONS
November 7, 2008
#2 Correspondence
from Christopher Raths, Township Manager, to Carl F. Wronko, JMC, Roxbury
Municipal Court Judge, dated November 6, 2008, re: Amnesty Program
Mr. Raths stated
that the total amount of unpaid fines, costs and fees owed to the Court have
accumulated over the past twenty years.
If any money is collected due to the Amnesty Program, all of it will go
to the Township.
#5 Correspondence
from resident Frances D’Auria, to Christopher Raths, Township Manager, dated
October 30, 2008, re: letter of
gratitude for hosting the Ward #1 Neighborhood Meeting of October 29, 2008
Mr. Zoschak stated
that he is pleased to see such a positive response as a result of one of our
Neighborhood Meetings.
#13 Correspondence from NJDEP, Division of Water Quality,
to New Jersey Water Supply Authority, dated
October 30, 2008, re: New Jersey Environmental Infrastructure
Financing Program; EIFP Project Signs
Mr. Rilee asked if
the Township is required to provide these signs. Mr. Raths stated that they are small signs,
but Roxbury does need to supply them.
Mr. Raths stated that the signs will reflect Roxbury Township’s
name.
November 14, 2008
#4 Correspondence
from residents Cliff and Debbie Ryder, to Mayor and Council, dated October 15,
2008, re: letter of appreciation to the
Building Department
The Council
discussed the positive comments that they have received regarding the Building
Department staff.
November 21, 2008
#8 Correspondence
from Anthony Bucco, Township Attorney, to Mayor and Council, dated November 14,
2008, re: Regulation of Clothing Bins
Mr. Rilee and
Council members were in support of this.
Mr. Raths will have Mr. Bucco prepare an ordinance.
#2 Notice,
re: Shippenport Road closure beginning
December 1, 2008
Mr. Raths stated that he has not received any complaints
regarding this road closure.
#3 Correspondence
from Christopher Raths, Township Manager, to Ms. Karen Marlowe, Board of Public
Utilities, dated November 24, 2008, re:
request for written response regarding regulations/restrictions for
negotiating cable services
PUBLIC PORTION
Robert Kluska
274
Emmans Road, Flanders
Mr. Kluska stated that the last agenda on the website is for September 6,
2008. He would like to be able to review
the agenda prior to the meeting and feels that it should be available. Mr. Raths stated that it should be available
on the website as soon as it is ready and will have the situation corrected.
Mr. Kluska asked that a copy of the weekly Communications packet, with
the attachments, be available for public viewing. A copy will be placed on the Press Table
before each meeting.
Mr. Kluska asked about the FTA Section 5310 Transportation Grant. Mr. Raths stated that Roxbury is applying for
a replacement bus for the senior citizens.
Mr. Kluska asked about the meeting with the County regarding the M&E
Railroad situation. Mayor Smith stated
that we have received correspondence from them and it will be discussed in
executive session.
Mayor Smith closed the Public Portion of the meeting.
EXECUTIVE SESSION
08-518 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 9:05 PM, Mr.
Zoschak made a motion to adopt resolution 08-518 for Executive Session. Mr. Hall seconded the motion.
Roll Call: Mr. Zoschak – Yes Mr. Hall – Yes
Deputy Mayor DeFillippo – Yes Mr. Rilee – Yes
Mayor Smith – Yes
Motion carried 5 to
0.
At 9:20 PM Council returned to the Regular Meeting.
ADJOURNMENT
At 9:20 PM Mr. Rilee made a
motion to adjourn the Regular Meeting.
Mr. Zoschak seconded the motion.
Roll Call: Mr. Rilee – Yes Mr. Zoschak – Yes
Deputy Mayor DeFillippo – Yes Mr. Hall – Yes
Mayor Smith – Yes
Motion carried 5 to
0.
Submitted By:
________________________________
BettyLou DeCroce
Township Clerk
MINUTES
APPROVED BY COUNCIL
DATE: January
13, 2009
ROLL CALL: Mr. Smith – yes Mr.
Schmidt – yes
Mr.
Behrens – yes Mr. Hall – yes
Mr.
Rilee – yes Mr. Zoschak – yes
Mayor
DeFillippo - yes