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May 9, 2006
Regular Meeting of the Township Council of the Township of Roxbury was held on
May 9, 2006 at 1715 Route 46, Ledgewood, New Jersey at 7:00 p.m.
PUBLIC MEETING STATEMENT
is hereby given that the Regular Meeting of the Township Council of the Township of Roxbury scheduled for Tuesday, May 9, 2006 at 7:30
PM has been changed to 7:00 PM.
This is to allow the Township Council to meet jointly with the Roxbury Township
Board of Education to discuss the School Budget. The regularly scheduled
meeting will follow.
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 May 3,
2006; notice was posted on the bulletin board in the main hallway of the
Municipal Building on May 3, 2006.
Kathy DeFillippo, Councilmen Fred Hall, Jim Rilee, Tim Smith, Rich Zoschak,
John Ciaramella and Mayor Martin Schmidt
Raths, Township Manager; Anthony Bucco, Township Attorney; Janet Rieth, Deputy
Township Clerk; Dennis Mack, Superintendent of Schools and Members of the Board
Board of Education read their open public meeting statement and took roll call.
Meeting with School Board
Schmidt stated that he is very pleased with the work that Chris Raths, Township
Manager and Dennis Mack, Superintendent of Schools, have done to date.
and Board of Education members discussed the proposed cuts to the 2006/2007
school budget. Mr. Raths stated that the proposed cuts, which total $544,156,
include the new positions that were included in the budget. There was a
concern, both with Board Members and Council Members, that this might
potentially impact class size, especially in the elementary schools. It was
agreed that the 3 Elementary and ½ Kindergarten positions would not be taken
this time Mayor Schmidt opened the meeting to the Public.
Wine, 4 Holly Drive, Succasunna, spoke about the number of
teachers in the district and the number of students. He commended Mrs.
McCleerey, Board President, and agreed that most of the problems lie with the
Kluska, 274 Emmans Road, Flanders, stated that there are other areas to look
for cuts besides teachers’ positions, such as coaches or assistant principals
and the bus purchase program.
Andriani 4 Alwood Lane, Succasunna, read a statement regarding class size and
stated that there should be 15-20 students in each 2nd grade
class. Mayor Schmidt stated that the cuts being discussed do not include 2nd
grade and there are currently 17 students in 2nd grade classes.
Day, 74 Orben Drive, Landing, stated that her son attends Nixon School and
there are currently 28 students in his 3rd grade class. She further
stated that the Council should look at what they are doing to keep costs down,
as the Township budget was a higher percentage increase than the schools. Mayor
Schmidt advised that the Township budget process takes many months and the
public is able to attend each meeting.
Ryan, 9 Longfellow Drive, Succasunna, asked if there will be four 1st
grade classes in Kennedy School next year. Mr. Mack stated that there would
Rickley, 252 Eyland Avenue, Succasunna, commented that the School Board did an
this time Mayor Schmidt closed the public portion.
Rilee stated that this is a process that none of the Council or Board Members
look forward to. The Council has 2 weeks to look at budget and there is not
enough time to go into all the issues. He further stated that the Township
process is different than the School Board and he welcomes residents to come
out to see how it is accomplished. Mr. Rilee supports the recommended cuts.
Zoschak welcomed everyone to the meeting and thanked the staff for working
together. He stated that the majority of voters voted against the budget and
the Council must listen to them. He also supports the recommended cuts.
Smith thanked everyone for all of the work they put into this. Mr. Smith stated
that he would like to see $50,000 added back to the budget.
Ciaramella stated that everyone did fine job and he supports the recommended cuts.
He would like to see the Council and Board of Education work closer with shared
Hall stated that the budget that was presented was a good one and he is
uncomfortable with the amount of the cuts. He also would like to see the
Council and Board of Education work together with shared services.
DeFillippo stated that this has been an enormous task. She also agrees that
there needs to be shared services.
McCleerey, President of the Board of Education, stated that the Board recognizes
the importance of shared services and there is a shared services committee to
work with the Township and with other school districts.
D’Agastino, Board of Education Vice President, advised that the Finance
Committee made many cuts from the initial budget. She stated that the Board
gave back over $900,000 to the taxpayers in order to keep the amount down. She
requested that, if the Council cuts anything, it should be only $1.00.
Castriotta, Board of Education, stated that, in the future, the Board should
make a greater effort to make the budget process a more open process. Cuts are
done in committees and should be done publicly.
Miller, Board of Education, questioned how the Council came up with the
$544,156 amount. Mr. Mack explained that it came from the 11 new positions
that were added to the budget. Mr. Rilee further stated that the Township
hired an outside auditor to look at the numbers and make recommendations. Ms.
Miller requested that, if possible, she would like to see the amount reduced.
Badini, Board of Education, stated that he has been involved in the budget from
its very inception and he would hope that the amount to be cut could be
discussions, Mayor Schmidt advised that the Council would reduce $44,156 from
the Capital Reserve, making the total cuts $500,000.
of the Township Council of the Township of Roxbury Pursuant to N.J.S.A.
18A:22-37 Certifying to the Morris County Board of Taxation the Amount of
$61,762,326 (Including $59,454,382 for General Fund Expenses and $2,307,944 for
Debt Service) to be Raised by Real Property Taxation to Provide a Thorough and
Efficient System of Education for the Roxbury township School District for the
Fiscal Year 2006-2007
Rilee made a motion to adopt Resolution 06-175. Mr. Zoschak seconded the
Rilee – yes Mr. Zoschak – yes
Ciaramella – yes Mrs. DeFillippo – yes
Hall – no Mr. Smith – no
Schmidt – yes
carried 5 - 2
8:10 PM Council took a short break
8:25 PM Council returned to the Regular Meeting
this time Mayor Schmidt amended the Agenda to Presentations
Cramond, Chairman of the Township Historic Advisory Committee, stated that
each year since 1992 the Committee has recognized homeowners who have older
buildings in the Township. This year the Committee is recognizing a unique
area called “Catalog” homes. These homes were purchased through catalogs such
as Sears or Montgomery Ward.
following homeowners were recognized:
Pompei – “The Crescent”, 22 Emmans Road, Ledgewood
Rubenstein “The Dundee”, t50 Main St., Succasunna
Wagnecz – “The Elizabeth”, 61 Kenvil Avenue, Succasunna
L. Metz Jr. – “The Hudson”, 72 Kenvil Ave, Succasunna
Norris & Michelle Stigliano – “The Dayton”, 347 Berkshire Valley Rd,
– National Safe Kids Week
Schmidt read the proclamation declaring May 6 to 13, 2006 as
National Safe Kids Week
Schmidt read a proclamation recognizing the efforts of the VFW members in the
distribution of Buddy Poppies to honor those who gave their lives for our
Schmidt read the proclamation declaring May 20, 2006 as “Kids Day
America/International”. Dr. Nancy Gallagher stated that this is the 4th
year that National Kids Day has been held in Roxbury. It will be at Eisenhower
Middle School and she invited everyone to attend.
this time Mayor Schmidt amended the Agenda to the Public Portion
Castriotta, representing the VFW Ladies Auxiliary, thanked Council for their
support of the buddy poppy program. She further advised that the VFW will be
distributing the poppies in front of Shop Rite.
Wine, 4 Holly Drive, Succasunna, commended Council for the Cable Resolution
that is on tonight’s Agenda.
Gefert, 1 Riggs Ave, Landing, discussed the problems he has with the dust and
dirt from the McNear quarry. Mr. Raths stated that it appears that the
McNear’s have placed a large wall of dirt and soil on Mr. Gefert’s property
line. Mr. Raths further stated that the Township will be contacting the Morris
County Soil Conservation Committee with regards to the situation. Mr. Bucco
would like Mr. Kobylarz, Township Engineer, to provide his office with all
agreements and resolutions relating to the site, so that he can verify that the
McNear’s are operating within the agreed upon limits. If they are not, action
will be taken.
Kluska, 274 Emmans Road, Flanders, questioned how the recommended decrease in
the school budget will affect the taxpayers. Mr. Raths advised that it will be
approximately a $113.00 increase, based on an assessed value of $200,000. The
municipal budget will be an additional $57.00 per $100,000.
Ginsberg, owner of The Arrangement and Day Spa in Ledgewood and Michelle Wood,
Massage Therapist, discussed the problems that Ms. Wood is having with the
State Licensing Board in receiving her massage therapist license and would like
the Township to issue a temporary license. Mr. Bucco advised that there is
nothing the Township can do. Mr. Bucco did recommend that they call Senator
Bucco’s office to see if he can provide any assistance with the State Licensing
OF 2006 MUNICIPAL BUDGET
Resolution to Amend Introduced Budget
Schmidt opened 06-174 to the public.
was no public comment.
Schmidt closed 06-174 to the public.
Rilee made a motion to adopt Resolution 06-174. Mr. Ciaramella seconded the
Rilee – yes Mr. Ciaramella – yes
DeFillippo – yes Mr. Hall – yes
Smith -yes Mr. Zoschak – yes
carried 7 - 0
06-172 A resolution to adopt the 2006 Municipal
Rilee made a motion to adopt 06-172. Mr. Ciaramella seconded the motion.
Zoschak advised that members of the public stated, during the break, that the
Township should take the same amount out of the municipal budget as they did
out of the school budget. Mr. Raths advised that Council has cut $250,000 out
of a $20 million budget, while the $500,000 that was cut from the school budget
was from a $60 million budget. In addition another $250,000 in savings was
identified in the revenue accounts and historically, the Township is in the 3%
increase area and the schools are substantially higher than that.
Rilee reiterated that many hours were put into this budget. It was a difficult
process, but Mr. Rilee stated that he is comfortable with where it is now.
Smith stated that he will support the budget; however, he feels it could be
lower. He suggested that next year the Township look into financing through
the Morris County Municipal Improvement Authority.
Hall stated that he agreed with Mr. Rilee that a lot of time was spent on this
budget and he does support it.
Ciaramella stated that the Board of Education advised that they have a shared
services committee and he asked if the Township has such a committee. Mr.
Raths stated that Mr. Hall, Mr. Stierli and he meet with the Board of Education
to go over shared services. Mr. Ciaramella would like to be included in those
meetings. Council agreed for Mr. Ciaramella to meet with them.
Smith – yes Mr. Zoschak – yes
National Safe Kids Week – Previously discussed
Kids Day America / International – Previously discussed
Preservation Historic Advisory Committee – Previously discussed
11, 2006 Regular – These Minutes will be on the next Agenda
PORTION – Previously
OF COUNCIL LIAISON REPRESENTATIVES, COUNCIL COMMITTEES AND NEW BUSINESS/OLD
Procurement Policy – No Discussion
River Watershed Cabinet—1 Members, 1-year term – No Discussion
Development Committee—1 Member, 3-year term – No Discussion
Highlands Compact—2 Members – Mr. Zoschak stated that he does not know why
there is a need for two more members on this Committee.
Zoschak stated that Bill Clark, Supervisor of weed harvesting for the Lake
Hopatcong Commission, is in the hospital in a coma and he would like everyone
to keep him in their prayers.
Zoschak stated that he and Mr. Smith attended the Highlands Compact Meeting
last Thursday. They were advised that the Township’s stormwater management plan
was to have been adopted by this month. Mr. Raths stated that he has spoken
with Mike Kobylarz and this will be done this month. He further stated that
there was miscommunication between the County and the Engineering office. The
plan was sent to the County several months ago and we never received a
Zoschak has received complaints regarding smoking at Township fields. Council
discussed the possibility of placing “no smoking” signs at the fields. Mr.
Bucco advised that signs can be placed, however, there is no enforcement
capability. Mr. Bucco will research as to whether other municipalities have a
“No Smoking” ordinance and he will advise Council.
Zoschak stated that the Makin Lane “No Parking” signs are very confusing. Mr.
Raths will clarify.
Zoschak stated that the Lake Rogerene Association is suing Atkins, the
developer on Orben Drive. He would like Mr. Bucco to look into this with Tom
Germinario, Planning Board Attorney, to determine if the Township can do
anything regarding the truck routes.
Zoschak stated that the weed harvesting machines will be going into the Lake at
the end of this week or the beginning of next week.
Rilee stated that the Fire Chiefs advised him that there was a road closure
last week and they were not notified. Mr. Raths will speak with Chief Noll.
Hall advised that the high school Girls Track Team broke the 4 X 1600 record
by 10 seconds. He commended the team for all of their accomplishments.
Hall advised that the Recreation Committee met and discussed the smoking
issue. They also discussed the trail extension, which will connect the Black
River Trail. This will create a 7-mile bicycle/pedestrian trail for public
Raths advised that he was approached last week to allow the contractor for the
Morris County Municipal Utilities Authority water line to enter Horseshoe Lake
earlier than anticipated. In lieu of entering early, we requested that they
finish the bike path to ultimate conditions, including 6” of top grade. We
also asked for them to do the entryway work in front of Horseshoe Lake, to do a
full width overlay before Memorial Day on the back portion, which would include
4 aprons and to q.p. the area in front of the softball fields. The Recreation
Committee has asked that this be paved to create approximately 30 parking
spots. As of today, the contractor said he would do the entryway, the full
width overlay, including the aprons and the q.p. on the parking area. He was
not prepared to do the bikeway extension at this time due to right of way issue
that must be cleared up. Regarding the paving, their paving cannot get in
before Memorial Day. The Township has a paver scheduled to do the front
entryway by May 22nd, so our paver will do the work and they will
reimburse the Township. Mr. Raths will know by tomorrow if this will
definitely be done.
DeFillippo reminded everyone of the Neighborhood Meeting on May 16th
at the Berkshire Valley Firehouse.
Schmidt requested an update on the final draft of the Agreement for the Boy
Scout house. Mr. Bucco advised that he received the information he requested
late today and he will have it for Council shortly.
Schmidt advised that May 20th is a workday at the Scout house. The
Township is providing a chipper and a garbage truck.
Raths handed out information regarding the proposed trails that Mr. Wagstaff is
working on for his Eagle Scout project.
Raths advised that a new mailer will be going out for Water and Sewer bills.
Raths received a call from Verizon who would like to lease space on the Mooney
Mountain tower. Mr. Raths advised them that this must go to bid. Council
agreed for Mr. Raths to move forward.
REQUESTED/REFERRED BY COUNCIL MEMBERS, MANAGER, ATTORNEY OR CLERK
Application for Raffles License No. RA: 1289 by St. Therese Roman Catholic
Block Party request by Ms. Sue Anderson
Rilee made a motion to approve Items A & B. Mr. Zoschak seconded the
Hall – yes (abstain on Item A)
Smith – yes Mayor Schmidt – yes
carried 7 – 0 with one abstention on Item A
OF PROPOSED ORDINANCES
An ordinance to amend
and supplement Chapter II, Administrative Code, Section 2-17, Officers and
Employees Generally, of the Revised General Ordinances of the Township of
Roxbury, County of Morris, State of New Jersey
will be discussed after the Executive Session.
AND ADOPTION OF ORDINANCES ON SECOND READING
AND ADOPTION OF RESOLUTIONS
06-156 A resolution incorporating by reference
herein and approving the following numbered
resolutions listed on the regular council
meeting agenda for this date: 06-157, 06-158, 06-159, 06-160, 06-161, 06-162,
06-163, 06-164, 06-165, 06-166, 06-167, 06-168, 06-169, 06-170, 06-171
Rilee made a motion to adopt Resolution 06-156. Mr. Smith seconded the motion.
Rilee – yes Mr. Smith – yes
Ciaramella – yes (recuse on Check No. 39819)
Zoschak – yes (recuse on Check No. 39868)
carried 7 – 0 with one recusal on check no. 39819 and check no. 39868
authorizing the acceptance of a cash bond final site plan from Kazi Foods
NJ for property located on Route 46, Block 6501, Lot 19 – Pulled – This was
not ready to be placed back on the Agenda.
06-157 A resolution authorizing the acceptance
of a cash bond and performance bond for final
major subdivision from Renaissance
Village Associates, LLC for property located on Righter Road, Block 6201, Lot 5
06-158 A resolution authorizing the acceptance
of a cash bond from Clearview Cinema for
property located in Roxbury Mall, Block
5004-, Lot 7 & 8
06-159 A resolution authorizing the approval of a
Driver Criteria Policy for the Township of
A resolution amending the membership of the Township Fire Department
resolution will be amended to withdraw Michael Foote as a Regular Firefighter
for Company No. 1.
06-160 A resolution of the Township Council of
the Township of Roxbury, in the County of
Morris, State of New Jersey, authorizing
proceeding with the application from the Garden State Historic Preservation
Trust Fund of the New Jersey Historic Trust Preservation Plan for the King Homestead
Rehabilitation Project, 209 Main Street, Block 6408, Lot 1
06-161 A resolution of the Township Council of
the Township of Roxbury opposing the
Cablevision’s unilateral determination regarding digital cable service
A resolution requesting full funding for the Lake Hopatcong Commission
06-164 A resolution authorizing the release of
Cash Bond No. 2004-368 in connection with a
Major Soil Relocation Permit for
Ledgewood Management LLC, Block 6501, Lots 1 & 2
06-165 A resolution authorizing the release of
Cash Bond No. 2003-248 in connection with a
major soil relocation permit for
Ledgewood Management, LLC, Block 6501, Lots 1 & 2
06-166 A resolution authorizing the acceptance
of a Cash Bond for Tree Permit for Morristown
Cornerstone located on Lenel Road, Block
9501, Lot 6
06-167 A resolution authorizing the acceptance
of a Cash Bond for Soil Relocation for
Cornerstone located on Lenel Road, Block 9501, Lot 6
06-168 A resolution authorizing the release of
Cash Bond No. 2005-21 in connection with a
major soil relocation permit
for Center Street Holding located on Center Street, Block 10901, Lot 3
06-169 A resolution approving Change Order No. 1
to the contract with PM Construction
Corporation, for the Skyview Wastewater
Treatment Plant Decommissioning Project NJEIT No. S340381-06
Raths advised that the change order was due to a design error and the Township
has advised Suburban that we will be looking for a credit. Mr. Bucco advised
that the amount of the increase will be withheld from the Consulting Engineer’s
progress payments until the issue is resolved.
06-170 A resolution authorizing the endorsement
of a Treatment Works Approval Permit
Application for Ralzone, LLC – Carey
Road, Block 5301, Lot 34, Preliminary Major Subdivision
A resolution authorizing payment of bills
from Judy Riley dated May 4, 2006.
10:00 PM Council took a short break
10:10 PM Council returned to the Regular Meeting.
– Mayors Fax Advisory from NJLM, dated April 24, 2006, re: Sample Resolution
Concerning Proposed Change to Arbitration Law – A Resolution supporting this
will on the next Agenda.
– Mayors Fax Advisory from NJLM, dated April 26, 1006, re: DOT seeks property
tax subsidy – A Resolution opposing this will be on the next Agenda
– Correspondence from Alex DeCroce, Assembly Republican leader and Leonard
Lance, Senate Republican Leader, dated May 2006, re: Resolution Urging Governor
Jon Corzine and Sate Legislature to cut Sate spending and cut taxes to reduce
property taxes in the State budget for FY2007 – A Resolution supporting this
will be on the next Agenda.
06-173 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
Ciaramella made a motion to adopt Resolution 06-173 for Executive Session. Mr.
Smith seconded the motion.
Ciaramella – yes Mr. Smith – yes
DeFillippo – yes Mr. Hall –yes
10:15 PM Council went into Executive Session.
11:00 PM Council returned to the Regular Meeting.
17-06 An ordinance to amend and supplement
Chapter II, Administrative Code, Section 2-17, Officers and Employees
Generally, of the Revised General Ordinances of the Township of Roxbury, County
of Morris, State of New Jersey
Smith made a motion to introduce Ordinance 17-06. Mr. Ciaramella seconded the
Smith – yes Mr. Ciaramella – yes
DeFillippo – yes Mr. Hall – abstain
11:02 PM Mr. Smith made a motion to adjourn the Regular Meeting. Mr. Zoschak
seconded the motion.
In Favor – yes
APPROVED BY COUNCIL
DATE: May 23, 2006
Rilee – yes Mr. Smith – yes
Ciaramella – yes Mrs. DeFillippo – yes
Hall – yes