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January 9, 2007
Meeting of the Township Council of the Township of Roxbury was held on January
9, 2007 at 1715 Route 46, Ledgewood, New Jersey at 7:30 p.m.
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, 2007; notice was posted on the bulletin
board in the main hallway of the Municipal Building on January 5, 2007.
CALL (Present): Councilwoman Kathy DeFillippo, Councilmen
Fred Hall, Jim Rilee, Richard Zoschak, Tim Smith, Martin Schmidt and Mayor John
PRESENT: Christopher Raths, Township Manager;
Anthony Bucco, Township Attorney and Janet Rieth, Deputy Township Clerk
Catalano, a resident of Roxbury Township, presented the Township with the
lithograph, “Valley of Tears”, in honor of the fallen Vietnam Veterans. He thanked the Township, on behalf of the
Veterans, for accepting the print that he knows will be seen by everyone who
comes into the building. Mr. Raths
advised that when the lithograph is hung in Town Hall, there will also be a
plaque stating that it was donated by Mr. Catalano. Mr. Raths will advise Mr. Catalano when the lithograph is hung.
Raths advised that Robert Kuncken, IT Director, received an Honorable Mention
Certificate from the 45th Annual Municipal Public Information
Contest sponsored by the Center for Government Services, New Jersey State
League of Municipalities, and New Jersey Municipal Management Association.
January 2, 2007,
Zoschak made a motion to approve the above Minutes. Mr. Schmidt seconded the motion.
Rilee stated that on the November 29th and December 2nd
Minutes he will only be voting yes for the portion that he attended.
Zoschak – yes Mr. Schmidt – yes
DeFillippo – yes Mr. Hall – yes (abstain
on November 29th)
Rilee – yes (with stipulations noted above)
Smith – yes Mr. Ciaramella –
carried 7 – 0 with one abstention on November 29th
Dennis Wine, 4
Holly Drive, Succasunna, stated that Civil Unions could have a severe impact on
the budget, pertaining to benefits allowed, and questioned if the Township has
looked into this. Mr. Raths advised
that the Township is looking at this.
Mr. Smith stepped
down from the following discussion due to a potential conflict of interest.
Esq., representing Merry Heart Nursing Home, stated that he received a call
from Mrs. Bonafacio advising that Merry Heart is ready for their building
permit. The Building Department would
like a letter from the governing body stating that the Mt. Laurel contribution
will be in abeyance until the Certificate of Occupancy is received. Mr. Rilee stated that he was of the understanding
that they would be allowed a building permit. Mr. Bucco stated that Mr. Stern,
Township Planner contacted Sean Thompson of COAH, regarding the COAH audit and
the Township can issue the building permits and make a determination regarding
the fees at a later date. Mr. Raths
will have the permits ready tomorrow.
At this time Mr.
Smith returned to the dais.
COUNCIL LIAISON REPRESENTATIVES, COUNCIL COMMITTEES AND NEW BUSINESS/OLD
Mr. Zoschak stated that Bill Clark, the
Lake Hopatcong Commission’s supervisor, passed away. Mr. Zoschak and Mr. Schmidt attended the wake.
Mr. Zoschak requested an update on the
letter to Mt. Arlington regarding collection of the water bill. Mr. Raths
advised that it will go out by the end of next week.
Zoschak advised that residents of Larson Lane have contacted him regarding
their polling location. They currently
vote at the Berkshire Valley Firehouse and would like to vote at Nixon School
as it is closer to their home. Mrs.
DeCroce advised that the Township would have to make a decision by 2008 for it
to take affect in 2010. Mr. Zoschak
would like Council to provide Mrs. DeCroce with the approval of the
change. Mr. Rilee stated that it is not
necessarily a Council decision, but a note should be put in the file for the next
Hall requested an update on the letter that was sent to the Department of
Transportation regarding Commerce Boulevard.
Mr. Raths stated that he has not received a formal response. However, he
received an email from Mr. Tom Sohn, Project Coordinator, stating that he is
receptive to the Hillside Avenue and Mary Louise project moving forward prior
to any work on the Commerce Boulevard intersection. He will discuss this with his superiors. Mr. Raths will follow up.
Mr. Hall requested an update on the
hunting issue on Mooney Mountain. Mr.
Raths advised that the Township cannot restrict hunting because the land was
purchased with Green Acres money. The resident
who contacted the Township has been advised of this. Mr. Raths will have Mr. Stierli post safety zone signs.
Mr. Hall requested an update on the
security system plan for Court that Council received and asked if this is
finalized version, as he has comments.
Mr. Raths stated that it is not the final version and he will give Mr.
Hall’s comments to Judge Wronko. Mr.
Raths also stated that this will be discussed further during the budget
Mr. Hall asked if a meeting has been scheduled pertaining to the
online registration regarding recreation programs. Mr. Raths will speak with Dave Stierli.
Mr. Hall attended the Board of Education meeting last night. He will distribute a letter from a Mt. Olive
resident regarding Roxbury coaches.
Mr. Hall advised that there will be a shared services meeting tomorrow at 5:30 PM.
Mr. Hall advised that the Recreation Advisory Board will meet on
Mr. Zoschak stated that he spoke with Senator Bucco’s office and
money has been allocated to repair the
Landing sea wall.
Mr. Smith stated that the Open Space Committee met. There is a resolution on the Agenda tonight
to hire an environmentalist to do work on the McNear property. Mr. Raths will be sending a letter to the
Swim and Sport Club with a formal offer. Mr. Smith advised that the Open Space
Committee will continue to meet during the day time, primarily because of
access to staff and maps.
Mr. Smith advised that the Water/Sewer Committee met. The Villages will get their water via
Shippenport Road, not Orben Drive.
Regarding the interconnect with Roxbury Water Company, it is
questionable if the pipe will fit through the sleeve under the railroad. Mr. Kobylarz, Mr. Grau and Mr. Hosking will
meet to discuss this issue.
Mr. Smith stated that an expert on Special Improvement Districts
attended the last Economic Development Committee to look at the Route 46
corridor to determine if this area might be considered as a special improvement
district. The opinion was that, if the
Township does not have the cooperation of the property owners, then a
redevelopment district might be considered.
The Economic Development Committee will hold two meetings with the
property owners to get their opinion.
stated that the Arts plan is approximately two months from being
finalized. Mr. Smith will then bring a
formal plan to Council.
Mr. Schmidt stated that there will be a DPW Committee meeting on
Monday, January 15th.
Mr. Schmidt advised that the next Neighbors helping Neighbors
dinner will take place mid February.
Mrs. DeFillippo attended the Zoning Board meeting last night. She had previously requested that Mr. Stern
add a column to his year end report regarding the approval of applications to
reflect that approvals are not given out freely and that many modification take
place. Mr. Raths will speak with Mr.
Stern and suggest that he add a column “Approved with Modifications”.
Mrs. DeFillippo stated that there is a home for sale across from
the Nixon School and the sign states that it is a 3 family home. Mr. Raths
will check into this.
Mrs. DeFillippo requested an update on the lease renewal with the
Board of Chosen Freeholders and the railroad.
Mr. Raths advised that they are now sending out the requests for
proposals and the lease will be renewed in January 2008.
Mrs. DeFillippo reminded everyone of the Township Neighborhood
meeting on January 31st at the Senior Center. She is working with the Clerk’s office for
the Press Release and Flyers.
Mr. Smith advised that he spoke with Freeholder Inglesino and
Freeholder Schrier and neither one of
them has seen the Township’s letter regarding the railroad. Mr. Raths will contact the Freeholder
Clerk’s office to make sure each one gets a copy of the letter.
Mr. Rilee requested an update on the problems with the Fire
Department radios. Mr. Raths advised
that improvements have been made. However, Warner Communications has been
bought out by another firm and the new firm has not addressed the issues in
writing. Chief Noll will have the
report by the January 23rd meeting.
Mr. Rilee stated that something needs to be done now and he would like
the issue resolved.
Mr. Rilee requested an update on the drainage issue on Hillside
Avenue in the area of IHOP. Mr. Blood
stated that this is a County culvert, but there are also DEP issues. The flooding is being caused by the
restriction that the bridge is making with the river passing by IHOP. Mr. Raths will have Mr. Kobylarz provide
Council with an update.
Mr. Rilee advised that he
and Mayor Ciaramella met with Freeholder Schrier last Friday regarding the
Morris County Municipalities Authority and the bike path. Mr. Rilee will meet with Mr. Hall and Mr.
Raths to bring them up to date.
Mayor Ciaramella stated that he received a call from Delsea
Exterminators regarding the time and date of the Economic Development Committee
meeting with the Route 46 property owners.
Mayor Ciaramella advised him to contact Mr. Raths.
Ciaramella read the following statement:
“On January 2, 2007 during the public portion of the Council
meeting I was asked for my opinion on Civil Union. With the excitement of the Reorganization and the swearing in as
Mayor, I had not completed the review of the Attorney General’s report. After follow up of this review, it is clear
as Mayor, that I must perform the Civil Union ceremony. Due to my Catholic upbringing, I believe the
ceremony of marriage is between man and woman and, therefore, I do not support
the legislation. However, with my
option to continue to perform marriages, I will also decide to perform the
Civil ceremonies. This is part of my
Township duties as Mayor.”
REQUESTED/REFERRED BY COUNCIL MEMBERS, MANAGER, ATTORNEY OR CLERK
ORDINANCES FOR DISCUSSION
OF PROPOSED ORDINANCES
ADOPTION OF ORDINANCES ON SECOND READING
A Resolution Incorporating by Reference Herein and Approving the
Numbered Resolutions Listed on the Regular
Council Meeting Agenda for this Date:
07-15, 07-16, 07-17, 07-18, 07-20, 07-21,
07-22, 07-23, 07-24, 07-25, 07-26,
07-27, 07-28, 07-29, 07-30, 07-31, 07-32,
07-33, 07-34, 07-35
Mr. Rilee made a
motion to adopt Resolution 07-37. Mr.
Smith seconded the motion.
Mr. Rilee – yes Mr. Smith – yes
– yes Mr. Hall – yes
Mr. Schmidt –
yes Mr. Zoschak – yes
Motion carried 7
07-15 A resolution in support of the New Jersey
Knowledge Initiative (NJKI)
07-16 A resolution authorizing the refund of taxes
07-17 A resolution
Urging the State to reconsider its method of funding pension liabilities for
resolution Authorizing a Lease with the Morris County Department of Aging for
Nutrition Center, Mill Road
Mr. Raths will
look at rent and utility payments to determine what it costs the Township
to run this building. Mr. Hall
will bring this up as a shared services item with the Board of Education at the
shared services meeting tomorrow.
resolution authorizing the Mayor and Township Clerk to enter into agreement
Golub Animal Hospital for Cat Impound
Services, CY 2007
resolution A resolution authorizing the Mayor and Township Clerk to enter into
agreement with Golub Animal Hospital for
Dog Impound Services, CY 2007
resolution authorizing the acceptance of a conservation easement from Paul and
Sue Stumpf over a portion of Lots 9.01
and 9.02, Block 5401, more commonly known as 15 Brandywine Court
resolution authorizing the Municipal Assessor and Municipal Attorney to answer,
defend, initiate and settle certain local
property tax appeals before the Morris County Board of Taxation and the Tax
Court of the State of New Jersey for the 2007 Tax Year
resolution authorizing Roxbury Township to enter into a contract with St.
Hospital for Male Cancer Screening
resolution authorizing the Tax & Utility Collectors to process the
cancellation of any
tax, sewer or water utility refund or delinquency for 2006 of less than $10.00
07-26 A resolution authorizing the refund of water
07-27 A resolution authorizing the refund of sewer
07-28 A resolution authorizing the refund of taxes
07-29 A resolution amending the Membership of The
Township Fire Department
07-30 A resolution authorizing the purchase of
seven E-one series 200 Grinder Pumps for the
sewer utility from Tom Valiante and Son
of Public Works will provide Council with a tracking program for the last five
years on the rebuild and replacement of the pumps. Mr. Blood will research the
files to determine if there was an agreement with the residents for the
Township to replace the pumps. If there
was no agreement, the Township will draw up a policy for future repairs and/or
resolution authorizing the purchase of one Switch-N-Go equipment body with
accessories for the Road Department from
Tony Sanchez LTD
Mr. Blood stated
that this provides more versatility with the existing number of chassis that
the Township owns.
07-32 A resolution authorizing the award of a
contract for sidewalk repairs by slab jacking to
CRC, Concrete Raising of South Jersey, Inc.
A list of sidewalk repairs will be in
the Capital Budget presentation.
resolution authorizing the award of a contract to Amy S. Green, Environmental
Consultants to provide Wetlands Services
for McNear Property block 101; Lot 23 -
resolution authorizing the award of a contract to Fania Roofing Company for an
Infrared Roof moisture survey for 1715
Route #46, Ledgewood, NJ, Municipal Building
07-35 A resolution authorizing payment of bills
07-19 A resolution approving a person-to-person
and place-to-place transfer of Liquor License
from A.J.S.J.N.J. Corporation, T/A Jacks Joy Deli, to GBB Enterprises, L.L.C.,
T/A The Market Place
Mr. Smith made a
motion to adopt Resolution 07-19. Mr.
Hall seconded the motion.
Mr. Smith – yes Mr. Hall - yes
– yes Mr. Rilee – abstain
Motion carried 6
– 0 with one abstention
Memo from Judy
Riley dated January 4, 2007
At this time,
Mayor Ciaramella amended the Agenda to the Public Portion.
Walker, Mine Hill, thanked the
Township for adding the names to the Township’s War Memorial.
Mr. Zoschak made
a motion to file the December 15, 2006 Communications. Mr. Rilee seconded the motion.
Mr. Zoschak –
yes Mr. Rilee – yes
Mr. Schmidt –
yes Mr. Smith – yes
Motion carried 7
– Mayors Fax Advisory from William G. Dressel, Jr., Executive Director of NJLM,
dated December 14, 2006, re: “BRAC” Bill Municipal Consolidation – Council will
wait for additional information.
#17 – E-mail
Correspondence from William Dressel, Jr., Executive Director of NJLM, dated
December 21, 2006, re: Regional Contribution Agreements (RCA) – A-3857 –
Rilee made a motion for a resolution to be prepared opposing A-3857. Mr. Hall seconded the motion.
Mr. Rilee – yes Mr. Hall – yes
– yes Mr. Schmidt – yes
Mr. Smith – yes Mr. Zoschak – yes
– Mayors Fax Advisory from William Dressel, Jr., Executive Director of NJLM,
dated December 22, 2006, re: S-457/A3870, Time of Decision – We will resend our previous resolution.
– Correspondence from William R. Testa, Executive Director of the Morris ARC to
Mayor Martin Schmidt, dated December 20, 2006, re: Return of Payment Made in
the Amount of $1,048.25
Smith made a motion for the money to be sent back to ARC. Mr. Schmidt seconded the motion.
Mr. Smith – yes Mr. Schmidt – yes
– yes Mr. Hall abstain
Mr. Rilee –
abstain Mr. Zoschak – yes
Motion carried 5
– 0 with 2 abstentions
Correspondence from Christopher Raths, Township Manager to Mayor/Council, dated
January 5, 2007, re: Information Update – (#1) DPW Facility – The 10% profit is
what the firm doing the work will make.
resolution of the Township Council of the Township of Roxbury, in the County of
New Jersey, authorizing conference of the Township Council with the public
Mr. Zoschak made
a motion to adopt Resolution 07-36 for Executive Session. Mr. Rilee seconded the motion.
At 9:38 PM
Council returned to the Regular Meeting.
Mr. Hall made a motion for a resolution to be prepared opposing S-2, the
State Comptroller Bill. Mr. Rilee
seconded the motion.
Mr. Hall – yes Mr. Rilee – yes
At 9:40PM Mr.
Rilee made a motion to adjourn the Regular Meeting. Mr. Schmidt seconded the motion.
All In Favor –
MINUTES APPROVED BY COUNCIL
DATE: February 20, 2007
ROLL CALL: Mr. Schmidt – yes Mr.
Hall – yes
DeFillippo – yes Mr. Zoschak – yes
Ciaramella - yes