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A Regular Meeting of the Township
Council of the Township of Roxbury was held on November 13, 2006 at 1715 Route
46, Ledgewood, New Jersey at 7:30 p.m.
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 5, 2006; notice was posted on the bulletin board in
the main hallway of the Municipal Building on January 5, 2006.
ROLL CALL (Present): Councilwoman Kathy DeFillippo, Councilmen
Fred Hall, Jim Rilee, Richard Zoschak, Tim Smith, John Ciaramella and Mayor
ALSO PRESENT: Christopher Raths, Township Manager; Robert
H. Oostdyk, Township Attorney and Janet Rieth, Deputy Clerk
Recognition and Moment of Silence—Marine Lance Cpl. Donald
Mayor Schmidt requested a Moment of Silence to remember
Donald Brown who was killed in action in Iraq.
APPROVAL OF MINUTES
June 13, 2006 -
October 10, 2006 –
Regular – HOLD
Mr. Rilee made a motion to approve the October 10, 2006 Regular Meeting
Minutes. Mr. Zoschak seconded the
Council discussed additional information that they would like included
in the minutes pertaining to the DOT discussion.
After discussion, Mr. Rilee withdrew his motion and Mr. Zoschak
withdrew his second.
Mr. Zoschak made a motion to
approve the June 13, 2006 Regular Meeting Minutes. Mr. Smith seconded the motion.
Mr. Zoschak – yes Mr. Smith – yes
Ciaramella – yes Mrs. DeFillippo – yes
Hall – yes Mr. Rilee – abstain
Schmidt – yes
carried 6 – 0 with one abstention
Robert Kluska, Emmans Road,
suggested that new streets in the Township be named for military personnel who
have died in wars. He stated that this
is done in other municipalities.
Dominick Algeria, 9 Metro Trail,
Hopatcong, belongs to the Shore Hills Community Club and asked what could be
done to alleviate the Club being responsible for the pond. Council advised that
this was discussed at the last meeting and the Township is not interested in
acquiring the pond due to liability.
Mr. Raths will look into the cost of the insurance and the Township will
discuss this further.
Mayor Schmidt recognized Cub Pack 163 that is attending
REPORTS OF COUNCIL LIAISON REPRESENTATIVES, COUNCIL
COMMITTEES AND NEW BUSINESS/OLD BUSINESS
Mr. Smith advised that the Open
Space grants will be announced at a meeting on Tuesday, November 21st,
in the morning. Mr. Raths will email
Council members as to the time of the meeting to see if anyone from Council can
Mr. Smith requested an update on
the Reger Road sidewalk. Mr. Raths
stated that Mr. Blood has advised that there are two options. The first is to extend the sidewalk in front
of the resident’s home, which would cost approximately $6,000. Mr. Saunders, in
the past, has opposed this idea. The second is to install two crosswalks, one
at the intersection of Reger Road and Parkview Drive and one at the
intersection of Reger Road and Earhart Drive, at a cost of approximately
$1500. Mayor Schmidt took a straw poll
and the majority of Council feels that, due to the safety issue, the best option
is the sidewalk. Council members stated
that, in the future, the Township should prioritize significant sidewalk issues
to be presented to staff for action.
Mr. Raths will advise Mr. Saunders of the Council’s decision.
Mr. Zoschak asked if anyone has
looked into the dumping on Shippenport Road.
Mr. Raths will take care of this.
Mr. Zoschak stated that he has
received complaints regarding property on Center Street where buses are being
parked. Mr. Raths will have Tom Potere,
Zoning Officer, revisit the property.
Mr. Zoschak requested an update
on the road drainage issue at 50 Ford Road.
Mr. Raths will have Mr. Blood look into this and report back to Council.
Mr. Rilee advised that the
Planning Board adopted the buildout and
capacity analysis. There are good suggestions for the Master Plan
Committee and Planning Board to look at regarding lot depths and widths to help
curtail some of the oversized developing.
Mr. Rilee would like an opinion
from the Township Attorney as to the communications regarding the Mt. Arlington
water issue and whether they should have been confidential. Mr. Bucco will advise.
Mrs. DeFillippo reminded everyone
of the Township Neighborhood Meeting which will be held on November 29th
at Fire Company No. 2 on Shippenport Road.
Mrs. DeFillippo stated that the
Economic Development Committee is planning two meetings for business and
property owners in the Route 46 corridor.
There will be one morning and one evening meeting.
Mr. Ciaramella stated that the
DPW Committee will meet on November 20th at 7:00 PM.
Mr. Ciaramella advised that the
residents in the Kenvil Post Office area received a notice last week that,
effective today, there will be a change in the counter hours and the Post
Office will be closed at 12:00 PM Monday through Saturday. The Post Office box mail will be open 8:30AM
to 5:00 PM. The residents do not feel
this is fair and feel that they should not be subject to this unless all Post
Offices in the Township are affected in the same way. Mr. Raths will contact
Congressman Frelinghuysen’s office and report back to Council.
Mr. Ciaramella asked if the Fire
Official’s new vehicle has gone in for decals.
Mr. Raths stated that it should be done within the next couple of weeks.
Mr. Ciaramella requested an
update on Circle Carting on Berkshire Valley Road. Mr. Raths advised that there
were no fill or wetland violations. They have been advised that they do not
have the proper permits in place for any type of recycling operation.
Mayor Schmidt advised that the Environmental Commission met
last week. He will have a report for Council at the next meeting.
Mayor Schmidt received a letter from the Morris County Board
of Chosen Freeholders regarding a shared services meeting that will be held on
December 6th. Mayor Schmidt
and Mr. Raths will attend.
Mayor Schmidt requested an update on the crosswalk sign at
Hunter Street. Mr. Raths advised that
it will be moved by the end of the week.
Mr. Rilee stepped down at this time due to a potential
conflict of interest.
Mr. Hall read a letter that he
wrote to be sent to the State DOT
responding to their presentation on October 10th pertaining to the
Commerce Boulevard intersection. Mr.
Zoschak asked if the Township was going to suggest to the DOT the possibility
of having the intersection go straight across Route 10. Mr. Raths will have
Mike Kobylarz, Township Engineer look at this possibility and report back to
Council. Mr. Smith stated that he
feels the real issues are Hillside Avenue and northbound on Commerce Boulevard
to cross Route 10. Mr. Hall stated that
this has been going on for a long time and the Township needs an all
encompassing solution, not a spot solution to some problems. He does not feel that the DOT took enough of
the Council’s input to realize where the true traffic conditions are. Mayor Schmidt stated that he has always felt
that Mary Louise Avenue should be opened up and the left hand turning lane at
Hillside Avenue should definitely be made longer. However, all the solutions given for Commerce Boulevard have been
short term solutions and Mayor Schmidt feels the only way to fix the
intersection is an overpass. Mr. Hall stated that the cost involved with an
overpass would be prohibitive and he does not feel that the DOT would address
it. Mr. Hall further stated that the
objective in his letter is to present the State with suggestions that would not
put them in the cost prohibitive area.
Mr. Smith suggested that the letter should mention changing the timing
of the lights on Route 10 as part of improving the corridor. Mr. Raths stated the State is redoing all
the timing on all of the lights on Route 10 throughout the County. Mr. Hall will work with Mr. Raths on a final
draft of the letter, which will be sent to the DOT, with a copy to Congressman
Rodney Frelinghuysen and Assemblyman Alex DeCroce.
At this time Mr. Rilee returned to the dais.
Mr. Raths stated that the
architect for the Main Street Streetscaping has not finished his review of the components of the materials that were
presented to him. Once that is done, Mr. Raths will meet with Don Dyrness, who
is developing the property on the corner of Hillside Avenue and Main Street.
The Main Street Streetscaping Committee is forming a subcommittee to start
fundraising for the project. Mr. Raths
contacted JCP&L today regarding whether or not the Township needs to do
improvements to the electrical transmission system in that area for the street
Mr. Raths stated that there have
been issues with the Township radio system.
He spoke with Chief Noll today and the Township will be receiving a
report from our vendor, along with proposed improvements. This report should be received within two
Procurement Policy – This will be discussed at a
Rockaway River Watershed Cabinet—2 Members, 1-year term
Economic Development Committee—1 Member, 3-year term and
unexpired term of Russ Vanderbush, 1/1/05 to 12/31/07.
Raritan Highlands Compact—2 Members
Sussex County 208 Water Quality PAC
Planning Board Alternate No., 2, unexpired term of Michael
Hawley, 1/1/06 – 12/31/07
Citizens Cable Committee, unexpired term of Michael Hawley,
3/8/05 – 12/31/07.
Appoint Traffic Circulation Advisory Committee
Council agreed to hold all appoints, with the exception of
the Traffic Committee until the first of the year. The Traffic Committee
members will be appointed at the next meeting.
MATTERS REQUESTED/REFERRED BY COUNCIL MEMBERS, MANAGER,
ATTORNEY OR CLERK
INTRODUCTION OF PROPOSED ORDINANCES
ordinance amending the Revised General Ordinances of the Township of Roxbury to
Amend Chapter XXIV entitled “Fees”
Mr. Smith made a motion to introduce Ordinance 25-06. Mr. Rilee seconded the motion.
Mr. Smith –yes Mr. Rilee – yes
Mr. Ciaramella –
yes Mrs. DeFillippo – yes
Mr. Hall –yes Mr.
Zoschak – yes
Mayor Schmidt –
Motion carried 7
HEARING AND ADOPTION OF ORDINANCES ON SECOND READING
INTRODUCTION AND ADOPTION OF RESOLUTIONS
06-369 A resolution incorporating by reference
herein and approving the following numbered
listed on the regular council meeting agenda for this date: 06-370,
06-372, 06-373, 06-374, 06-375, 06-376, 06-377, 06-378, 06-379, 06-380,
06-382, 06-383, 06-384, 06-385, 06-386, 06-387, 06-388, 06-389
Mr. Ciaramella made a motion to adopt Resolution
06-369. Mr. Zoschak seconded the
Mr. Ciaramella – yes (recuse on check no. 41836)
Mr. Zoschak – yes Mrs. DeFillippo – yes
Mr. Hall – yes Mr.
Rilee – yes
Mr. Smith –yes
(recuse on 06-375, 06-376 and check no. 41845)
Motion carried 7
– 0 with one recusal on check no. 41836, no. 41845 and Resolutions 06-375 and
Amend motion to verify 06-374
06-370 A resolution authorizing the insertion of
an item of revenue in the 2006 Budget for
additional funding for Highway
Safety Fund Grant Program—Safe Corridors.
06-372 A resolution
of the Township Council of the Township of Roxbury urging the State
Legislature to take
Bipartisan Action on Comprehensive Ethics Reform.
resolution requesting the state legislature to adopt Assembly, No. 3563
Assemblyman Alex DeCroce which legislation would require the State
Attorney General to provide a defense
and indemnification for county and municipal law enforcement officers who are
subject to litigation arising out of the lawful exercise of their police powers
while assigned to and working under the supervision of the State or County
06-374 A resolution
authorizing the release of a cash bond posted by Rainbow Management for
property located on Emmans Road,
Pleasant Village Drive, Block 4102, Lot 2
Council would like a letter of verification from the
A resolution authorizing the acceptance of a cash bond for Tree Removal Permit
Merry Heart Health Care Campus, located on
Route 10, Block 5201, Lots 7, 8, 9, 12 and 13
A resolution authorizing the acceptance of a cash bond for Soil Relocation
06-377 A resolution
amending the membership of the Township Fire Department
resolution of the Township of Roxbury, County of Morris, State of New Jersey,
expressing the intent of the Township to
authorize the execution of a Regional Contribution Agreement with the City of
resolution opposing the increasing of fees for organizations conducting
resolution authorizing refund of unused escrow monies previously deposited with
Township of Roxbury for
development matters pursuant to Chapter XIII (Land Use) of the Revised General
Ordinances of the Township of Roxbury
resolution authorizing the acceptance of a Deed of Road Dedication and various
from Sylway Properties, Inc., Block 7101, Lots 17 and 18, in the Township
of Roxbury, Dell Park Properties
Development, Dell Avenue
06-382 A resolution
authorizing refund of water payment
06-383 A resolution
authorizing the refund of sewer special assessment payment
resolution approving Change Order No. 3 (final) to the contract with Covino
Construction Company, Inc. for the Dell
Avenue Sidewalk Construction Project
resolution authorizing the final payment to Covino & Sons Construction
(Dell Avenue Sidewalk Construction Project) and acceptance of maintenance bond.
resolution approving an amendment to a Professional Services Contract with
G. Grau, P.E. of Hatch Mott MacDonald for
the preparation of a Municipal Stormwater
Ordinance in accordance with the NJDEP Stormwater Management Regulation.
resolution authorizing an Interlocal Services Agreement with the Borough of
furnishing of services of a Health Officer and Registered Environmental Health
Specialist for 2007-2009.
resolution of the Township of Roxbury, County of Morris, State of New Jersey,
approving a Change Order to the contract with Frank
Lurch Demolition, LLC for the
alternate bid of the demolition and disposal of a
concrete block manufacturing plant.
resolution authorizing payment of bills
Approving the By-laws of the North Jersey Municipal Employee Benefits Fund
Mr. Oostdyk stated that, although
there are quite a few changes, it is an update and modernization that needed to
be made. There were a few typographical
changes that were sent to the Clerk’s Office.
Mr. Rilee made a motion to adopt Resolution 06-371. Mr. Ciaramella seconded the motion.
Mr. Rilee – yes Mr. Ciaramella – yes
– yes Mr. Hall – yes
Mr. Smith – yes Mr. Zoschak –yes
At 9:00 PM Council took a short break.
At 9:10 PM Council returned to the Regular Meeting
Memo from Judy Riley dated November 7, 2006.
October 27, 2006
#1 Correspondence from
Christopher Raths, Township Manager to Mayor/Council, dated October 27, 2006,
re: Information Update (#15) Abandoned
Buildings – the building on Salmon Lane is gone. (#13) Trails – Mr. Raths is
waiting to hear back from Dave Helmer of the Park Commission.
#11 – Correspondence from Judith
Silver, Parsippany-Troy Hills Clerk, dated October 25, 2006, re: Resolution of
the Township Council of the Township of Parsippany-Troy Hills Urging the New
Jersey State Legislature to Support the Adoption of Assembly No. 3444 and
Senate No. 2183 and to Introduce an Amendment to these Measures to Restore “Cap
Banking” to its Previous Status as it Existed Prior to 2004 – If it has not
already been done, a Resolution of support will be prepared.
#15 – Correspondence from
Marianne Smith, Manager of Hardyston Township, dated October 24, 2006, re:
Resolution Requesting Verification that Sewer Service Area Approvals &
Center Designations will not be Modified in any Manner as a Result of the
Highlands Master Plan without the consent of the Municipal Governing Body – A
Resolution of support will be prepared for the next meeting.
November 3, 2006
#8 – Correspondence from Anthony
Bucco, to Christopher Raths, dated October 31, 2006, re: Prompt Pay Law – Bills
will still be on the bill list and, if necessary, there will also be a
#18 – Interoffice Memo from
Michael Kobylarz, to Christopher Raths, dated November 3, 2006, re: Letter from
NJDEP dated October 24, 2006 regarding underground storage tank at 72 Eyland
Avenue – It has not been verified that the tank is there. Mr. Raths will speak with Mr. Bucco
regarding getting the money from the State to fix the situation or possibly
subdividing the parcel.
#21 – Correspondence from Anthony
Bucco, to Christopher Raths, dated September 27, 2006, re: Proposed Rules
Concerning Mandatory Municipal Appropriation for Libraries Established Under
N.J.S.A. 40:54-1 – There are no major changes
November 9, 2006
#1 – Correspondence from
Christopher Raths, to Mayor/Council, dated November 9, 2006, re: Information
Update (#22) Morristown & Erie Railroad - Mr. Raths will confirm the
purpose of the road.
#6 – Mayors Fax Advisory from
NJLM, dated November 7, 2006, re: Civil Rights Lawsuits –Mr. Raths will prepare
#8 – Correspondence from Tom
Valiante, to Mayor/Council, dated Nov ember 7, 2006, re: Restoring the Landing
Honor Roll – Mr. Raths will send a letter of endorsement.
#15 – Fax Correspondence from
Stephanie George to Frank Grisi, dated October 23, 2006, re: Inquiry about an
Internship Opportunity Concentrating on Environmental Health in Roxbury
Township – This is a non paid internship.
#16 – Correspondence from Kathy
Torre, American Red Cross, re: Bravo for Bravery Award –. Mr. Raths will send an email for
#17 – Correspondence from Paul
Nusbaum, Esq., to Senator Bucco, dated November 2, 2006, re: Merry Heart Health
Care Campus Assisted Living Facility Mount Laurel Contribution – Mr. Nusbaum and Senator Bucco met last
#18 – Correspondence from Tom
Potere, to Earl Gil of Circle Carting, dated November 7, 2006, re: Notice of
Violation – Mr. Raths will send a copy to the MUA inspector.
Robert Church, 256 Eyland Ave,
Succasunna, discussed Correspondence #9 from the October 27th
package regarding the New Jersey Supreme Court ruling on Same Sex Marriages and
was interested that the Council did not discuss this issue. Mr. Church stated that it is his
understanding that there is a lengthy legal proceeding for making sex legal in
a marriage for procreation purposes and therefore there should be no discussion
that marriage should not be allowed for same sex couples. They should have equal opportunity treatment
and he feels the Council may want to consider that in response to the letter.
Mr. Zoschak stated that the Legislature is going to go along those lines in
that it will be a Civil Union.
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
Mr. Rilee made a motion to adopt Resolution 06-390 for
Executive Session. Mr. Ciaramella
seconded the motion.
Mrs. DeFillippo – yes Mr. Hall – yes
Mr. Smith – yes Mr. Zoschak – yes
Mayor Schmidt – yes
Motion carried 7
At 10:00 PM Mr. Ciaramella made a motion to adjourn the
Regular Meeting. Mr. Hall seconded the motion.
All In Favor – Yes
MINUTES APPROVED BY COUNCIL
DATE: December 12, 2006
ROLL CALL: Mr. Rilee - yes Mr. Smith – yes
Mr. Ciaramella – yes Mr.
Hall - yes
Mr. Zoschak – yes Mayor
Schmidt - yes