December 16, 2008
A Workshop
Meeting of the Township Council of the Township of Roxbury was held on December
16, 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): Councilmen Gary Behrens, Jim Rilee, Richard
Zoschak and Mayor Tim Smith.
Also Present: Christopher Raths, Township Manager;
James Bryce Esq. for the Township Attorney Anthony Bucco and BettyLou DeCroce,
Township Clerk
Absent: Councilwoman Kathy DeFillippo and Martin Schmidt
Councilman Fred Hall arrived at 7:45 PM.
REPORTS OF COUNCIL LIAISON REPRESENTATIVES, COUNCIL
COMMITTEES AND OLD BUSINESS/NEW BUSINESS
B. Old Business
1. Procurement Policy – No Report
Mr. Zoschak passed
out pictures of the Landing seawall. The pictures depict the current status of
the reconstruction of the wall. The wall
should be completed in the next couple of weeks.
Mr. Behrens attended
the Main Street
- Street Scapes Committee. Everything is
moving forward for the spring.
Mr. Rilee questioned
if our COAH submission has been filed yet.
Mr. Raths stated that it would be filed by Thursday.
Mr. Rilee thanked
the Mayor for his year of service as Mayor this year.
PUBLIC PORTION
Mr. Kluska, Emmans Road, questioned the union payment
of a bill on page 98 to Ms. Rose Petty.
Mr. Kluska asked if Council could check to see if it is a duplicate or
was it previously paid. Mr. Raths will follow up. Mr. Kluska further questioned if uniform
allowances were going to be discussed during the 2009 budget process. Mr. Raths stated that the contracts are four
years. Mr. Kluska stated that the
township should negotiate harder on this issue.
MATTERS REQUESTED/REFERRED BY
COUNCIL MEMBERS, MANAGER, ATTORNEY OR CLERK
A. 2009 Budget
Items
Mr. Rilee discussed
the possibility of a Finance Committee
overseeing the budget process. Mr. Raths
noted that it would be an adhoc committee.
Further discussion
will be held when there is a full Council.
APPROVAL OF MINUTES
Workshop Meeting
October 21, 2008
Mr. Rilee made a
motion to approve the 10/21/08 minutes.
Mr. Zoschak seconded the motion
Roll Call: Mr. Rilee – Yes Mr. Zoschak – Yes
Mr. Behrens – Yes Mayor Smith – Yes
Motion Carried 4 to
0
DRAFT ORDINANCES
FOR DISCUSSION
None
INTRODUCTION OF
PROPOSED ORDINANCES
None
At 7:45 PM Mr.
Hall arrived at the meeting.
HEARING AND
ADOPTION OF ORDINANCES ON SECOND READING
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 questioned if the limit is $200,000. Mr. Raths stated that it is.
Mr. Rilee made a motion to open the public hearing on 16-08. Mr. Zoschak seconded the motion.
Roll Call: Mr. Rilee – Yes Mr. Zoschak – Yes
Mr. Behrens
– Yes Mr. Hall – Yes
Mayor Smith
– Yes
Motion Carried 5 to 0
No Public Input
Mr. Rilee made a motion to close the public hearing on 16-08. Mr. Zoschak seconded the motion.
Roll Call: Mr. Rilee – Yes Mr. Zoschak – Yes
Mr. Behrens
– Yes Mr. Hall – Yes
Mayor Smith
– Yes
Motion Carried 5 to 0
Mr. Rilee made a motion to adopt 16-08.
Mr. Zoschak seconded the motion.
Roll Call: Mr. Rilee – Yes Mr. Zoschak – Yes
Mr. Behrens
– Yes Mr. Hall – Yes
Mayor Smith
– Yes
Motion Carried 5 to 0
DRAFT RESOLUTION
FOR DISCUSSION
A RESOLUTION AUTHORIZING THE SUBMISSION OF A HIGHLANDS
INITIAL ASSESSMENT GRANT APPLICATION
Mr. Raths stated that at one point we would be required to due the
assessment. The township should apply
for the grant monies in order to be able to review our ordinances. Mr. Rilee stated that when the grant document
becomes available, the Council should
review it. Mr. Hall stated that
this is specific to the preservation area and doesn’t obligate the council in
the planning area. Mr. Raths stated that
Mr. Hall’s interpretation was accurate.
Council agreed to
let staff prepare the resolution and then review it when it is ready for
adoption.
INTRODUCTION AND
ADOPTION OF RESOLUTIONS
08-520 A RESOLUTION INCORPORATING BY REFERENCE
HEREIN AND APPROVING THE FOLLOWING NUMBERED RESOLUTIONS LISTED ON THE WORKSHOP
COUNCIL MEETING AGENDA FOR THIS DATE: 08-513, 08-521, 08-522, 08-523, 08-524,
08-525, 08-526, 08-527, 08-528, 08-529, 08-530, 08-531, 08-532, 08-533, 08-534,
08-535, 08-536, 08-537, 08-538, 08-539, 08-540
Mr. Rilee made a
motion to approve 98-520. Mr. Zoschak
seconded the motion.
Roll Call: Mr. Rilee – Yes Mr. Zoschak – Yes
Mr. Behrens – Yes Mr. Hall – Yes
Mayor Smith – Yes
Motion Carried 5 to
0
05-513 A 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
08-521 A RESOLUTION AUTHORIZING THE RELEASE OF A PERFORMANCE GUARANTEE POSTED
FOR RIGHT-OF-WAY EXCAVATION PERMIT NO. RO-05-08-029, 47 FOX CHASE LANE – LEDGEWOOD BLOCK 9205
LOT 15
08-522 A RESOLUTION AUTHORIZING THE RELEASE OF A PERFORMANCE GUARANTEE POSTED
FOR RIGHT-OF-WAY EXCAVATION PERMIT NO.JUNE1807, 183 MAIN STREET – LEDGEWOOD BLOCK 6501, LOT 6.02
08-523 A RESOLUTION AUTHORIZING THE REFUND OF UNUSED ENGINEERING INSPECTION
ESCROW FEES TO GARY BERNSTEIN IN CONNECTION WITH MINOR SOIL MOVING PERMIT NO.
MINSOIL-10-08-037 BLOCK 8306, LOT 34
08-524 A RESOLUTION AUTHORIZING RELEASES OF VARIOUS PERFORMANCE GUARANTEES
POSTED FOR RIGHT-OF-WAY EXCAVATION PERMITS FOR WORK PERFORMED WITHIN THE TOWNSHIP OF ROXBURY
08-525 A RESOLUTION AUTHORIZING THE RELEASE OF A PERFORMANCE GUARANTEE POSTED
FOR RIGHT-OF-WAY EXCAVATION PERMIT NO. OCT0907, 278 EMMANS ROAD FLANDERS, BLOCK 4101, LOT 2
08-526 A RESOLUTION AUTHORIZING THE
PURCHASING OF THREE (3) BICYCLE RACKS FROM HUNTCO SUPPLY LLC UNDER THE
2008-2009 TRANSOPTIONS TRANSPORTATION DEMAND MANAGEMENT (TDM) MUNICIPAL
INITIATIVE GRANT PROGRAM
08-527 A RESOLUTION AMENDING RESOLUTION NO. 08-151 THAT AUTHORIZED A WATER
ALLOCATION TO BLUE VISTA CONSULTING FOR THE ROXBURY ROUTE 80 COMMERCIAL PARK
LOCATED ON ROUTE 80 AND ROUTE 206 – LEDGEWOOD BLOCK 9202 LOTS 1, 2, 9 AND 10
08-528 A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A MAINTENANCE BOND POSTED BY
MURPHY ROXBURY, LLC, C/O MARK INVESTMENT, INC. AND THE RELEASE OF A PERFORMANCE
BOND FOR THE SANITARY SEWER MAIN EXTENSION FOR THE PROPERTY LOCATED AT 1131 US
HIGHWAY 46 BLOCK 6601, LOT 27.01 (WALGREEN’S PHARMACY) AND 1117 US HIGHWAY 46
BLOCK 6601, LOT 31 (MCDONALD’S)
08-529
A
RESOLUTION APPROVING CHANGE ORDER NO. 1 TO THE
CONTRACT WITH AMERICAN ENVIRONMENTAL SERVICES, INC. FOR PROFESSIONAL
SURVEYING AND ENVIRONMENTAL SERVICES ASSOCIATED WITH THE WETLAND DELINEATION
AND LETTER OF INTERPRETATION FOR THE FIRE COMPANY NO. 2 ANNEX
BUILDING EXPANSION PROJECT – SHIPPENPORT ROAD
BLOCK 10101, LOT 41
Mr. Zoschak
questioned if Scott Begraft was an employee of the township. Mr. Raths stated that he is not.
08-530
A
RESOLUTION REJECTING ALL BIDS RECEIVED FOR A TANKER PUMPER APPARATUS
08-531
RESOLUTION
AUTHORIZING THE AWARD OF A CONTRACT TO
SUPPLY FOURTEEN CHEMICAL FEED PUMPS FOR USE
BY THE WATER UTILITY
Mr. Hall questioned
if the two pumps being purchased were backup pumps. Mr. Raths stated that they are primary pumps.
08-532 A RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT TO REPLACE PUMPS AT
WELLS 5 & 6 FOR THE WATER UTILITY
08-533 RESOLUTION AUTHORIZING THE AWARD OF A
CONTRACT FOR
A PRINT MANAGEMENT SYSTEM TO CCP SOLUTIONS, LLC FOR USE BY THE ROXBURY PUBLIC LIBRARY
Mr. Hall questioned
if the funds for this were appropriated in the 2008 budget. Mr. Raths stated that the Library Board
cannot bond for such a project, so the Township is bonding the project.
08-534 A RESOLUTION AUTHORIZING THE RELEASE OF A MAINTENANCE BOND POSTED BY KIDDIE ACADEMY
LOCATED ON ROUTE
206 BLOCK 9201, LOT 3
08-535 A RESOLUTION AUTHORIZING THE RELEASE OF A CASH BOND FROM MURPHY ROXBURY
LLC FOR THE WALGREENS PROJECT LOCATED ON ROUTE 46BLOCK 6601, LOT 27-31
08-536 A RESOLUTION AUTHORIZING THE RELEASE OF A CASH BOND IN CONJUNCTION WITH
A SOIL MOVING PERMIT ISSUED TO MURPHY ROXBURY LLC A.K.A WALGREENS LOCATED ON
ROUTE 46,BLOCK 6801, LOT 27,28,29,30,31
08-537 A RESOLUTION AUTHORIZING THE RELEASE OF A CASH BOND AND LETTER OF
CREDIT POSTED BY MURPHY ROXBURY LLC AKA WALGREENS FOR TREE REPLACEMENT ON THE
PROPERTY LOCATED ATRT. 10/RT 46BLOCK 6601, LOT 27,28,29,30,31
05-538 A RESOLUTION AUTHORIZING THE AWARD OF A PROFESSIONAL SERVICES CONTRACT
WITHOUT COMPETITIVE BIDDING TO KINSEY ASSOCIATES FOR THE LANDING ROAD PRELIMINARY SITE REVIEW
08-539
A
RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS
Mr. Zoschak
questioned the transfer of funds. Mr.
Raths stated that it was necessary in order to cover end of the year costs.
08-540
A
RESOLUTION AUTHORIZING THE PAYMENT OF BILLS
Mr. Behrens
questioned the following checks: 50618-
Pg 92, 50634- Pg. 94, 50673 – Pg. 93.
Mr. Raths will obtain the information from finance and advise council.
ADD ON RESOLUTION
08-542 RESOLUTION
AUTHORIZING THE SETTLEMENT OF THE
TAX APPEAL
MATTER KNOWN AS ROLLING HILLS
ASSOCIATES
VS. ROXBURY TOWNSHIP FOR PROPERTY
KNOWN AS
BLOCK 0903, LOT 6, 1605 RT# 46 FOR THE
YEARS 2007
AND 2008
Mr. Zoschak made a motion to approve 08-542. Mr. Rilee seconded the motion.
Roll Call: Mr.
Zoschak – Yes Mr. Rilee – Yes
Mr.
Behrens – Yes Mr. Hall – Yes
Mayor
Smith – Yes
Motion Carried 5 to 0
COMMUNICATIONS
December 12, 2008
#4 Correspondence from William Testa, Executive Director, Arc/Morris,
to Mayor Smith, dated December 4, 2008, re:
$1048.25 year end contribution in lieu of property taxes. Council asked about the contribution. Mr. Raths stated that we do not return the
funds. Ms. DeCroce advised that it was
sent to finance.
#5 Correspondence from John Maylay, Executive Director, Raritan
Highlands Compact, to Mayor Smith, dated December 4, 2008, re: Request to include $1,500 in our municipal
budget for annual “Raritan Highlands Compact Dues 2009”. Mr. Raths stated that we do not have a
membership and he will advise.
#22 Mayors Fax Advisory, dated December 10, 2008, re: “S-7 Hearing
Tomorrow” (Pension Payment Deferral).
Ms. DeCroce stated that the bill has been held.
#25 Correspondence from William F. Schroeder, Partner, Nisivoccia &
Company LLP, to Christopher Raths, Township Manager, dated December 1, 2008,
re: accounting advantages/disadvantages to consolidate water and sewer systems
and operate them as one utility. Council
agreed that this would be efficient for billing and streamline the process.
EXECUTIVE SESSION
08-541 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. Hall made a motion to approve 08-541.
Mr. Zoschak seconded the motion.
Roll Call: Mr. Hall – Yes Mr. Zoschak – Yes
Mr. Behrens
– Yes Mr. Rilee – Yes
Mayor Smith
– Yes
Motion Carried 5 to 0
Council went into Executive Session at 8:10 PM
Council returned to the Workshop Meeting at 9:50 PM.
ADJOURNMENT
At
9:50 PM, Mr. Rilee made a motion to adjourn. Mr. Zoschak seconded the motion.
Roll Call: Mr. Rilee –
Yes Mr. Zoschak – Yes
Mr.
Behrens – Yes Mr. Hall – Yes
Mayor
Smith - Yes
Motion carried 5 to 0.
Submitted By:
BettyLou DeCroce
Township Clerk
MINUTES
APPROVED BY COUNCIL
DATE: January 27, 2009
ROLL CALL: Mr. Rilee – yes Mr. Schmidt – yes
Mr.
Behrens – yes Mr. Hall – yes
Mayor
DeFillippo - abstain