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Meeting of the Township Council of the Township of Roxbury was held on April
11, 2006 at 1715 Route 46, Ledgewood, New Jersey at 7:30 p.m.
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 5, 2006; notice was
posted on the bulletin board in the main hallway of the Municipal Building on
January 5, 2006.
CALL: (Present) Councilwoman Kathy DeFillippo,
Councilmen John Ciaramella, Fred Hall, Richard Zoschak and Mayor Martin
Christopher Raths, Township Manager; Robert Oostdyk, Township Attorney;
BettyLou DeCroce, Township Clerk and Lisa Palmieri, Chief Financial Officer
arrived at 7:35 to the Regular Meeting.
14, 2006, Regular Meeting
21, 2006, Budget/Workshop Meeting
28, 2006, Workshop Meeting
28, 2006, Executive Session
Zoschak made a motion to approve the minutes of March 14, 2006 – Regular
Meeting, March 21, 2006 – Budget/Workshop Meeting, March 28, 2006 – Workshop
Meeting and March 28, 2006 – Executive Meeting. Councilman Ciaramella seconded the motion.
DeFillippo – Yes Mr. Hall – Yes
abstention on 3/14/06 with
abstention on 3/28/06
Meeting Workshop &
Mr. Rilee -
Yes Mayor Schmidt – Yes
abstention on 3/28/06
carried 6 – 0 with one abstention on March 14, 2006, and 2 abstentions on March
28, 2006 Workshop and two abstentions on March 28, 2006 - Executive
stated he and his wife were present to discuss the Deer View Estates project
and the fact that the developer installed a water line, which has encroached on
their property. Mr. Nicholson further
stated that he has had discussions with several employees of the township whom
have agreed that the developer did encroach onto their property. Mr. Nicholson stated that it was his understanding that since the water line
was improperly installed it would be the requirement of the developer to remedy
the problem. Mr. Nicholson questioned
the Council as to their position with regard to releasing any bonds.
Mr. Raths stated
he was made aware of this situation a few months back and requested Ferriero
Engineering who was the engineering firm on the job to look into the
encroachment. Mr. Raths stated that it
was his understanding that the situation has not been resolved with any
agreement as of today. Mr. Raths
further stated that it was his understanding that Ferriero Engineering did
contact the Nicholson’s and offered to have the property appraised and offered
the Nicholson’s a fair market value to resolve the problem. Mr. Raths further advised Mr. Nicholson that
he spoke to the Township Attorney and
it was decided that Certificates of Occupancy for the
development will not be issued until an
agreement has been reached between the builder and the Nicholson’s. Mr. Raths went on to state that this is
really a civil matter. Mr. Raths stated
that they can construct the houses, but they will not receive Certificates of Occupancy until this matter is resolved. Mr. Raths further advised the Nicholson’s
that he will send a letter to them confirming that Certificates of Occupancy will not be issued until the situation
is resolved between the partners.
Mr. Rilee stated
he would do what he could from the Planning Board side to make sure this matter
is rectified as soon as possible.
asked if we should contact Roxbury Water Company and tell them about the
situation. Mr. Raths stated that we
should and he has already spoken to Mike Kobylarz, Director of
Engineering/Public Works to work on that.
Mayor Schmidt questioned Mr. Raths on what he will put in the letter to
Ferriero Engineering. Mr. Raths stated
that he would copy Roxbury Water Company along with the Nicholson’s in regards
to the letter, which will state that Roxbury Township will not issue
Certificates of Occupancy until the water line issue is resolved .
asked what are the legal hours of operation for the builder to work on the
development. Mr. Raths stated from 7:00
a.m. through 5:00 p.m. Monday through Saturday. Ms. Nicholson stated that she knows for a fact that they were
working this past Sunday and other Sundays.
Mr. Raths stated
that he has been advised from Council Members in the past as to the developer
operating on Sundays and they have been issued Notices of Violation. Mr. Raths stated that the developer would be notified again.
stated that she wants the workers to pick up after they are done working
because all the garbage they leave on the ground blows onto her property.
asked Council when the paving is scheduled for Mooney Road. Mr. Raths stated May of 2006. Mr. Wilkins also asked if the catch basins
have been cleaned out on Conklin and Mooney Roads where the new drainage systems
have been put in. Mr. Raths stated that
DPW would be out by the end of the week to clean the catch basins.
COUNCIL LIAISON REPRESENTATIVES, COUNCIL COMMITTEES AND NEW BUSINESS/OLD
Watershed Cabinet—2 Members, 1-year term. - HOLD
Development Committee—1 Member, 3-year term. HOLD
Highlands Compact—2 Members HOLD
Kathy DeFillippo stated that the next Town Meeting is scheduled for May 16, 2006
at the Berkshire Valley Fire House at 7:00 p.m. and the guest speaker will be a
representative from the Police Department.
advised Council that we were awarded an
$80,000 grant for the Berkshire Valley playground.
DeFillippo asked for the status on the cleanup at the Kennedy Road playground
in Flanders. Mr. Raths stated that he
requested an update today.
DeFillippo also reminded Council that the M.S. walk is scheduled for Sunday,
April 23, 2006.
Councilman Hall requested an update on the Horse Shoe Lake
paving project. Mr. Blood stated once
the materials are approved they will start and they plan to have it done before
the lake opens.
Ciaramella stated he would like to remind
Council Members as to future
committee meetings. Tomorrow night is
the Streetscape Meeting 6:30 p.m. (For some Members), 7:30 p.m. for other
Members. Monday night, April 17, 2006
Department of Public Works Meeting at 7:00 p.m.
driving along Hercules Road, Deputy Mayor Ciaramella noted a parcel of property that could be
acquired for a potential park or open
space. Deputy Mayor Ciaramella would
like the Open Space Committee to take a
look at the parcel as soon as possible.
Councilman Hall stated that he thought that was an excellent suggestion.
Zoschak stated that in the paper this morning is an article about the Landing
Sea Wall (which he has been trying to get repaired for the last couple of
years). Mr. Zoschak stated he is trying
to get some publicity about this issue
so the Governor’s office
acknowledges the State’s responsibility to address the issue.
Zoschak questioned Mr. Raths on where we stand on the Township Entrance
signs. Mr. Raths stated that he met
with the Economic Development Committee and that the State now requires a
certain size sign and you have to get approval from the State and they must be
maintained. Mr. Raths also stated that
Mike Kobylarz would be meeting with Peter Catelli within the next two weeks to
discuss the signs. Mr. Raths stated
that Mr. Catelli did receive a list from the Town of all of our vendors with
the labels so that he can start soliciting to get sponsors.
Zoschak also questioned Mr. Raths on where we stand on the McNear property. Mr. Raths stated he would discuss that later
tonight in Executive Session.
Zoschak questioned Mr. Raths about the
litter on Kings Highway. Mr. Raths
stated that the S.L.A.P. people have gone to that road and picked up all of the
litter and eight (8) Notices of
Violation have gone out to property
Zoschak brought to Council’s attention the development approved by the Mount
Arlington Planning Board for Atkins Development.Both the Borough and the
developer are being sued by residents of the Lake Rogerine Association.. Mr. Zoschak stated that he spoke with the
Township Attorney, Anthony Bucco, to
see what we can do as a Township to help these Residents with their suit. Mr. Zoschak stated that he is concerned with
the construction traffic coming through Orben Drive and traveling on Landing
stated that the final agreement was worked out on the Scout House between
himself and Mr. Raths and they are just waiting for Attorney review. Mayor Schmidt questioned Mr. Raths on when
he thinks they will have an answer. Mr.
Raths stated it would be discussed at the next Council Meeting – April 25,
stated that on Saturday, April 22, 2006 there is a Neighbors Helping
Neighbors dinner planned at 12:00 p.m. and anyone who would like to
Volunteer their time and help out is welcome.
Kathy DeFillippo stated that the Economic Development Committee is having their
third meeting on Emergency Preparedness on Thursday morning, April 20, 2006
starting at 8:00 a.m.
Ciaramella questioned Mr. Raths in regards to when the Recycling Facility is
going to start the new schedule. Mr.
Raths stated June 1, 2006 is the anticipated date. Mr. Ciaramella also questioned Mr. Raths as to what will happen
to the two employees currently working in the Recycling Center. Mr. Raths stated he talked with Mr. Blood
and Ms. Palmieri and has discussed the matter with his Labor Attorney and that
there are vacancies occurring in the Road Department and Sanitation Department
and if these two individuals can perform the work they would be
transferred. Mr. Ciaramella also
questioned Mr. Raths about a job transfer from the Road Department to the Parks
Department. Mr. Raths stated that there
was an open position and Council agreed to fill it. Mr. Ciaramella also questioned Mr. Raths if one of the two
Employees being let go from the Recycling Department could be transferred over
to the Parks Department. Mr. Raths
stated that neither one is in a position to perform that job. Mr. Ciaramella also questioned Mr. Raths if
we are following the same practices when we eliminated positions in the Water
and Sewer Department. Mr. Raths stated
yes we are following the same process and we posted this position in January
with a note that the position may not be filled due to budget reasons and we
held off on approving it until Council agreed that the position should be
filled. Mr. Ciaramella asked Mr. Raths
how many applications did he receive for the job posting. Mr. Raths stated he does not know the exact
number, but it was around ten or eleven.
Zoschak questioned Mr. Raths if this job transfer would affect the budget in
any way. Mr. Raths stated no it does
questioned Mr. Raths if the person for the job was selected prior to the
Council approving the transfer. The
department head did interview and selected their top candidate, but the
candidate knew, as did the Union that the position may not be filled if the
Council did not approve it. Mr.
Ciaramella stated that none of the Council knew that a candidate was already
picked out prior to being approved.
Township Clerk stated that the Image Committee Members met today and
they hope to have the Image newsletter out by June 15, 2006 and the next
one will go out November 15, 2006. Ms.
DeCroce also stated that the Memorial Day Parade preparations are moving along.
Zoschak stated he had one question for Councilman Rilee in regards to Roxbury
Day which would include Rotary.
Councilman Rilee stated no he does not.
advised Council that they still have openings for three different Committees
and if anyone has any names for any of the Committees to please let him
know. Councilman Zoschak stated that Tom
Buglisi may be interested in any one of these open Committees.
REQUESTED/REFERRED BY COUNCIL MEMBERS, MANAGER, ATTORNEY OR CLERK
for Raffles License No. RA: 1284 by Totowa Police Athletic League/ Totowa
Police ERT Unit
B. Letter to Lisa Stern, Green Acres
Program regarding Roxbury Planning Incentive Grant
made a motion to move items A and B on the Agenda. Councilman Ciaramella seconded the motion.
- Yes Mayor Schmidt – Yes
carried 6 – 0
OF PROPOSED ORDINANCES
An ordinance to amend Chapter XIX, Department Of Police, Section 19-17,
Subsection 19-17.3, Police Attendance For Private
Purposes, Of The Revised General Ordinances Of The Township Of Roxbury, County
Of Morris, State Of New Jersey
recommended to Council that they defeat this Ordinance tonight because they
will leave the rate as is and the Union has accepted a lower rate. Mr. Raths assured Council that he went over
this with both the Township Attorney, Anthony Bucco and the Labor Attorney,
Beth Hinsdale and that this does not affect the Garcia Act.
Zoschak made a motion to defeat Ordinance 15-06. Councilman Ciaramella seconded the motion.
Mr. Rilee - Yes Mayor Schmidt – Yes
AND ADOPTION OF RESOLUTIONS
A resolution incorporating by reference herein and approving
the following numbered
resolutions listed on the regular council
meeting agenda for this date: 06-124,
06-125, 06-126, 06-127, 06-128, 06-129, 06-130, 06-131, 06-132, 06-133, 06-134,
06-135, 06- 136, 06-137, 06-138, 06-139
Rilee made a motion to adopt Resolution 06-122. Councilman Zoschak seconded the motion.
Ciaramella – Yes Mr. DeFillippo– Yes
Mr. Hall - Yes Mayor Schmidt – Yes
carried 6 – 0, with 1 recuse on check #39532
06-124 A resolution authorizing the release of a letter of credit
for tree permit and acceptance of
a maintenance bond for Kenbar Properties
located on Orben Drive, Block 8602, Lots 2, 3, 4, 5, 14 & 15.
resolution of the Township Council of the Township of Roxbury opposing Senate
Bill No. 1219 revising the Open Public Meetings Act.
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.
resolution approving a change order to the contract with Pierce Manufacturing,
Inc. for a rear pumper fire apparatus.
resolution authorizing the purchase of manhole and drainage castings from
Campbell Foundry Company.
06-129 A resolution authorizing the purchase of
concrete pipe from Kerr Concrete Pipe.
06-130 A resolution authorizing the purchase of
crushed stone from Bedrock Stone, Inc.
resolution authorizing the purchase of piping and drainage structures from
Brent Material Company.
resolution approving a change order to the contract with Diamond Construction
for the Succasunna Area Sidewalk Reconstruction – Contract C.
06-133 A resolution authorizing the purchase of a MIG
Welder from Weldingmart, LLC.
06-134 A resolution authorizing the award of a contract for new fencing at
Dell Avenue Park,
resolution authorizing the award of a contract to Infield Mix for a
construction of a new baseball field at Dell Avenue Park, Kenvil, NJ.
A resolution authorizing the acceptance of a road dedication deed and
subordination of mortgage for 1445
Route 46, LLC, more commonly known as Jack Trebour Motorcycles in the Township
06-137 A resolution authorizing payment of bills.
06-123 A resolution introducing the 2006 Municipal
made a motion to adopt Resolution 06-123.
Councilman Zoschak seconded the motion.
carried 6 – 0
Councilman Rilee made a motion to move
06-139 for discussion. Councilman
Ciaramella seconded the motion. Council
would like only 4 Crown Victoria’s approved for purchase (NO Dodge Chargers).
DeFillippo– Yes Mr. Hall– Abstain
Mr. Zoschak - Yes Mayor
Schmidt – Yes
carried 5 – 0, with one Abstention
Memo from Judy
Riley dated April 6, 2006.
Correspondence from Dolores DeMasi, Land Use Administrator to Mayor &
Council RE: Zoning report for 2005 – Mr. Rilee stated he agrees with the
recommendation and it should be forwarded to the Master Plan Committee. Kathy DeFillippo stated she would like to
see more information in the report and that she spoke to Mr. Stern about it and
#11 – Listing of
Servicemen from N.J. who have been killed in Iraq & in Afghanistan since
March 1, 2006 – Mr. Zoschak asked Mayor Schmidt if he could prepare a letter
from the Council to go out to local Veterans – Mayor Schmidt stated he is putting
together a list of Veterans to go on the Wall Memorial.
Correspondence from Brain Morrell, Acting President of The Canal Society of
N.J. RE: Canal Society of N.J. is co-sponsoring a bus tour of the Morris Canal
with the Pennsylvania Canal Society – Ms. DeFillippo questioned if this was
still going on. Mr. Raths stated yes it
is on and he will be walking with them over at the Riggs property along the
#19 – 2005 Motor
Vehicle Accident Statistics Report from The Roxbury Police Department – Mr.
Rilee asked if we should be getting some kind of follow-up or recommendations
on areas of concern or problem areas.
Mr. Raths stated he would let the Police Department know of the
#1 – Information update from
Christopher Raths to Council – Mr. Zoschak questioned the additional asbestos
removal price of $17,000 from the D.P.W. facility – Mr. Blood stated that while
there was a State Inspector at the D.P.W. facility they came upon the
additional asbestos in the roof.
#7 – Reference manual from Police
Chief Mark Noll RE: release of information at a crime scene &
confidential information – Mr. Ciaramella questioned this item – Mr. Raths
responded that this is information which the Council requested at an earlier
#13 – Memo from Christopher Raths to
Tony Bucco RE: Hercules’ homes – Ms. DeFillippo questioned who is on the
Hercules Committee – Mayor Schmidt stated:
Mr. Richard Cramond, Ms. Barbara Kinback, Ms. BettyLou DeCroce, Mr.
Raths and the Mayor himself.
#14 – Agenda from an Open Space
Meeting Held on April 5, 2006 – Mr. Ciaramella commented that we already
discussed the Agenda from the Open Space Meeting.
#16 – Correspondence from Lisa P.
Jackson, Commissioner of D.E.P.N.J. to Mayor Martin Schmidt RE: 2006 Clean
Communities Entitlement For Developing 2006 Budget - Ms. De-Fillippo questioned
if this was the same amount of money as we got last year – Mayor Schmidt and
Mr. Raths stated it is the same amount.
#17 – Correspondence from Clyde
Spencer, Chairman of the Watchdog Committee to the Mayor RE: possible
infractions pertaining to the environment of the ground & fire codes – Mr.
Raths stated that the possible infractions were found to be false in regards to
contamination of the ground. Mr. Raths
has not been able to find or contact Clyde Spencer.
#22 – Paving projects for the
six-year capital program for 2006 in various Morris County Municipalities – Mr.
Rilee stated that we should make sure that the Hillside Avenue and Route 10
intersection get the extra turn lane, even if it means some condemnation of
some property and we should take an aggressive approach with the County now and
start to get this implemented.
#24 – Memo from Frank Grisi, Health
Officer to Doris McGroy, President, Ever Young Senior Citizen Club & Ruth
Chesler, President Roxbury Senior Citizen Club RE: Dial-a-Ride Services – Mr.
Raths stated that this memo was written to inform the Public that the
dial-a-ride services are still up and running and have not been cut.
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
Ciaramella made a motion to adopt Resolution 06-138 for Executive Session. Councilman Zoschak seconded the motion.
Mr. Rilee - Yes Mayor Schmidt – Yes
At 9:46 PM
Councilman Rilee made a motion to adjourn the Regular Meeting. Councilman Ciaramella seconded the motion.
DATE: June 27, 2006
ROLL CALL: Mr. Zoschak – yes Mr. Rilee – yes
Ciaramella – yes Mrs. DeFillippo –
Schmidt - yes