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November 5, 2007
A Regular Meeting was held
by the Township Council of the Township of Roxbury on November 5, 2007 at 1715
Route 46, Ledgewood, New Jersey at 7:30 pm
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, 2007; notice was
posted on the bulletin board in the main hallway of the Municipal Building on
January 5, 2007.
ROLL CALL (Present): Councilwoman Kathy DeFillippo, Councilman Fred Hall,
Richard Zoschak, Jim Rilee, Martin Schmidt and Mayor John Ciaramella
ALSO PRESENT: Christopher Raths, Township Manager; Anthony Bucco,
Township Attorney; BettyLou DeCroce, Township Clerk and Mary Jane Parr,
ABSENT: Deputy Mayor Tim Smith
APPROVAL OF MINUTES
9, 2007 Executive Session
9, 2007 Regular Meeting
Schmidt made a motion to approve the October 9, 2007 Executive Session minutes
and the October 9, 2007 Regular Meeting minutes. Councilwoman DeFillippo seconded the motion.
ROLL CALL: Mr.
Schmidt ? Yes Mrs. DeFillippo
Hall ? Yes Mr. Rilee
Zoschak ? Yes Mayor
Ciaramella ? Abstain
Motion Carried 4 ? 0, with 2 Abstentions
Mr. Steven Adell
606 E. Vail Road, Landing
Adell announced that he is the President of the Roxbury High School Band Patron
Association and announced to Council that for the first time the Roxbury High
School Marching Gaels are the 2007 New Jersey State Champions.
Adell also stated tomorrow night the band will perform for the public at the
Roxbury Football Filed at 8:45 pm
REPORTS OF COUNCIL LIAISON REPRESENTATIVES, COUNCIL COMMITTEES AND NEW
stated that on October 24, 2007 there was a Freeholder meeting held here at Roxbury Town Hall and that Deputy Mayor Smith
spoke about our concerns over the railroad issues. Mrs. DeFillippo also stated a resident,
Christine Houtz spoke about the many accidents that have occurred at 1 Landing Road and
as a result, this location will be getting a guardrail. Mr. Raths added that he did speak with Mr.
Chris Vitz from the County and it should be completed within the next few
stated that on October 26, 2007 she attended a water/sewer meeting and on
October 30, 2007 she attended a Water Summit in Mt. Arlington
with the D.E.P. and M.U.A. and a number of different Municipalities. The M.U.A. is attempting to make some
adjustments to their contracts to comply with the D.E.P. to receive more water. Roxbury should be receiving some water as an
outcome of the adjustments stated Councilwoman DeFillippo.
stated that she and Councilman Hall attended a bench memorial dedication on
November 4, 2007 for Lance Cpl. Donald Brown given by the Browns
in Succasunna at Horseshoe
Lake. Mrs. DeFillippo stated that she just happened
to find out about the service from reading an article in the Roxbury Register
and she and Councilman Hall attended the dedication and represented the Town
Council. Ms. DeFillippo stated the Brown
family would like to have their bench stained to match the other benches at Horseshoe Lake.
stated that the Main Street Streetscaping meeting date was changed and will be
held on this Wednesday, November 7, 2007.
Mrs. DeFillippo questioned
Mr. Raths if a generator has been hooked up at Fire Company #3. Mr. Raths stated he would have to check.
Mr. Raths stated that the
Eyland Avenue project is behind schedule and on Friday, Mr. Kobylarz sent out a
letter to the Schenley Construction Company stating we are very concerned about
the lack of progress and would like an updated schedule and for work to
commence by next week and they will be required to pay $300/calanedar day and
$420/working day. Mr. Raths stated that
Schenley Construction contacted Mr. Kobylarz today and they are requesting a
two (2) week extension.
Mayor Ciaramella stated we
should abide by the contract and that we are entitled to the penalty
clause. The Mayor went also stated that
at two meetings he attended with Schenley Construction they stated that they
work 10 hour days and are off on Fridays, but since they are behind schedule
they should be willing to work 5 days a week to get the job done since they
have fallen way behind schedule.
Mr. Rilee stated he is very
concerned about Schenley Construction asking for a two week extension. Mr. Raths stated he wants to wait and see
what Schenley Construction puts in writing before we make any decisions. Mayor Ciaramella agreed with Mr. Raths on
waiting to see how they respond in writing.
Councilman Hall wants
liquidated damages and questioned Mr. Bucco if we can hold anything else
against them to bring them to respond as quickly as possible. Mr. Bucco stated that the liquidated damages
should make them respond quickly and that we also have the ability to hold the
performance bonds. Mr. Bucco stated we
could also have a new contractor come in if we wanted to. Mr. Hall stated that the $300/day is not
really going to affect them. Mr. Bucco
recommends getting them back to the site to finish the job they started and
worry about damages after the job is completed.
Mr. Hall and Mr. Raths stated they agree with Mr. Bucco.
Mr. Raths stated if we start
to hold bonds and claim damages we risk the contractor leaving the site. Mr. Raths wants to see why they want the 2
week extension in writing as to why they need it before we pursue any kind of
questioned Mr. Raths when the Highlands Council will have their map
prepared. Mr. Raths stated that the map
will be available on November 19, 2007.
Councilman Rilee questioned
Mr. Raths on the Hotel/Motel tax that was paid to Mt. Arlington
by mistake. Mr. Raths stated we will
have our account reimbursed directly.
Councilman Rilee stated that
he did not like the way the agenda was set up this time and would rather have
the resolution come before the memo and any additional information behind it.
Councilman Hall stated that
along with the outstanding accomplishments of the Roxbury High School Band he
wants to acknowledge the Roxbury Girls Soccer Team who won the Morris County
Title and State Sectionals for the third time.
Also the Girls Cross Country Team won the County Title
and the State Sectionals.
Mr. Raths stated he will be
sending out e-mails for the budget kick-off meetings.
Mr. Raths stated that the
2007 Readers Choice Award from the Daily Record for the best park in Morris County
went to Horseshoe
Lake. Mr. Hall added that we have a great number of
volunteers in Roxbury
Township keeping our
fields in great shape. Mr. Rilee agrees with Mr. Hall?s comments.
Mr. Raths stated we have
been approached by habitat for humanity and they may be submitting an
application for some Township owned land on 5 Vail Road in Landing. Mr. Raths stated a memo will be
forthcoming. Mr. Rilee stated he is
concerned about the drainage issue in that area.
Mr. Raths stated he will be
out of the office on Thursday and Friday of this week.
MATTERS REQUESTED/REFERRED BY COUNCIL MEMBERS, MANAGER, ATTORNEY OR
PROCLAMATION- National Family Caregivers Month
Mayor Ciaramella read the
proclamation for National Caregivers Month.
Councilman Zoschak stated
that this past Saturday John Crimmi had his annual Seniors Dinner with 180
people in attendance. Roxbury Rotary volunteered
and the Roxbury High School Girls Interact group helped out also and they also
helped out at the Township Halloween Parade at Horseshoe Lake.
RESOLUTION INCORPORATING BY REFERENCE HEREIN AND APPROVING THE FOLLOWING NUMBERED
RESOLUTIONS LISTED ON THE REGULAR COUNCIL MEETING AGENDA FOR THIS DATE: 07-422, 07-423, 07-424, 07-425, 07-426,
07-427, 07-428, 07-429, 07-430, 07-431, 07-432, 07-433, 07-434, 07-435, 07-436
Rilee made a motion to adopt Resolution 07-421. Councilman Schmidt seconded the
After discussion, Councilman
Rilee amended his motion to change the amount on Resolution 07-430 not to
exceed the amount of $91,618.00.
ROLL CALL: Mr.
Rilee ? Yes Mr.
Schmidt ? Yes
DeFillippo ? Yes Mr. Hall ? Yes
Zoschak ? Yes Mayor
Ciaramella ? Yes
Motion Carried 6 ? 0
RESOLUTION AUTHORIZING THE RELEASE OF A PERFORMANCE GUARANTEE POSTED FOR
RIGHT-OF-WAY EXCAVATION PERMIT NO.
OCT0507, 149 EMMANS ROAD, FLANDERS, BLOCK 5801, LOT
RESOLUTION AUTHORIZING THE REFUND OF UNUSED ENGINEERING INSPECTION ESCROW TO
SUSAN AND GEORGE ABENDROTH IN CONNECTION WITH MINOR SOIL PERMIT NO. 092407, 35 HENRY STREET,
SUCCASUNNABLOCK 3004 LOT 14
07-424 A RESOLUTION AUTHORIZING THE REFUND OF UNUSED
ENGINEERING INSPECTION ESCROW TO ARTHUR TORONZI IN CONNECTION WITH MINOR SOIL
PERMIT NO. 090707B, 256 BERKSHIRE
VALLEY ROAD, WHARTON BLOCK12602, LOT 7
RESOLUTION AUTHORIZING THE AWARD OF A PROFESSIONAL ENGINEERING SERVICES
CONTRACT TO THOMAS GRAU, P.E. OF HATCH MOTT MACDONALD FOR GENERAL ENGINEERING
SERVICES ? YEAR 2007 FOR THE SEWER UTILITY
07-426 A RESOLUTION AUTHORIZING THE RELEASE
OF CASH BOND NO. 2005-119 IN CONNECTION WITH A MAJOR SOIL RELOCATION PERMITFOR WEST CHESTER MACHINERYBLOCK 9303 LOTS 6 & 7
07-427 A RESOLUTION AUTHORIZING THE REFUND OF A TREE
BOND AND ACCEPTANCE OF A MAINTENANCE BOND IN CONNECTION WITH THE APPROVAL OF A
PRELIMINARY SITE PLAN FOR TOWNE TOYOTA, LOCATED
ON RT. 46, BLOCK 8602 LOT 12, 49 & 50
07-428 A RESOLUTION AUTHORIZING THE RELEASE
OF THE PERFOR-MANCE BOND AND CASH BOND POSTED IN CONNECTION WITH A MAJOR SOIL
RELOCATION PERMIT FOR DELL AVE
PROPERTIES LOCATED ON DELL AVENUE IN THE TOWNSHIP OF ROXBURY (BLOCK 7101 LOTS 17 & 18)
07-429 RESOLUTION AUTHORIZING REFUND OF UNUSED ESCROW MONIES
PREVIOUSLY DEPOSITED WITH THE TOWNSHIP
OF ROXBURYFOR DEVELOPMENT MATTERS
PURSUANT TO CHAPTER XIII (LAND USE) OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF ROXBURY
07-430 A RESOLUTION AUTHORIZING THE
PURCHASE OF (2) DUMP TRUCK BODIES AND ACCESSORIES FROM TONY SANCHEZ LTD FOR THE
TOWNSHIP?S ROAD AND WATER DEPARTMENTS
07-431 A RESOLUTION AMENDING THE MEMBERSHIP OFTHE TOWNSHIP
07-432 A RESOLUTION AUTHORIZING THE REFUND OF
07-433 A RESOLUTION AUTHORIZING THE REFUND OF SEWER UTILITY
A RESOLUTION AUTHORIZING
THE REFUND OF TAXES
07-435 A RESOLUTION AUTHORIZING THE REFUND OF TAXES
07-436 A RESOLUTION
AUTHORIZING THE PAYMENT OF BILLS
Memo Dated November 2, 2007 From
#4 ? Correspondence from Dennis Hart, Executive Director,
New Jersey Environmental Infrastructure dated October 9, 2007 RE: Pump Station
& Land Acquisition ? Mr. Rilee questioned if this is over the life of the
loan ? Mr. Raths stated he would have to check and get back to Council.
#7 ? Monthly Revenue Summary of the Township of Roxbury
for the Period January 1, 2007 through September 30, 2007 ? Mr. Zoschak
questioned Mr. Raths if we already spent 100% of the money on Animal Control.
Mr. Raths stated that this is the contract that we have with Golub Animal
#1 ? Interoffice Memo from Township Manager to Mayor
& Council dated November 2, 2007 RE: Information Update ? Mrs. DeFillippo
questioned Mr. Raths on the Lakeside
Blvd. sidewalks and if the Township has all the
approvals to begin construction. Mr.
Raths stated that we do not have all the approvals and that he did get some on
Saturday. Mr. Raths stated the job will
begin sometime next week after we get approval from some of the Residents in
that area and they sign off.
#17 ? Correspondence from Borough of Cape May Point
to the N.J. Mayors Association, Larry Anzovino ? Executive Director dated
October 5, 2007 RE: Thank you Note for Flashlights & Dome Lights ? Mrs.
DeFillippo questioned why this memo came to Roxbury Township
? Mr. Rilee stated it is a bulk thank you letter sent out to all the
Mayors. Mrs. DeCroce stated that the
articles attached and the thank you note all came from the Mayors Association.
#18 ? Correspondence from John P. Inglesino, Esq. to
Mayor & Council of the Borough of Netcong dated October 30, 2007 RE: Sogima
L.A. Manager, REO, L.L.C., Blue Vista Consulting, L.L.C., Block 9202, Lots 1,
2, 9 & 10 (the ?Property?), U.S. Route 206 & Mountain Ave., Roxbury,
NJ - Mr. Rilee stated that he is very
concerned over this over the sewer connection and this is a very important
matter. Mr. Raths stated that it is our
sewage passing through Netcong. Mr. Raths stated he will speak with our
Engineering Department to see exactly where the sewer lines run.
#19 ? Correspondence from
Gerald Rohsler, Director of County of Morris, Department of Planning,
Department & Technology, Division of Transportation to Councilman Tom
Smith, Township of Roxbury dated October 26, 2007 RE: Roxbury?s Concerns
Regarding the Morristown & Erie Railway ? Mr. Zoschak stated that this
letter was in response to Deputy Mayor Smith?s meeting last week with the
County Freeholders. Mrs. DeFillippo
questioned Mr. Raths if he would be scheduling a meeting with the Council. Mr. Raths stated he would.
Mayor Ciaramella questioned Mr.
Blood, Assistant Director of Public Works who did the clean up job along Berkshire Valley Road. Mr. Blood stated that the Sheriff Labor
Assistance Program (SLAP) did the job.
274 Emmans Road
Mr. Kluska wanted Council to
know that at 12:30 pm today he was on Eyland
Avenue in front of Eisenhower Middle School
and there were 5 or 6 workers working on the sidewalks on Eyland Avenue.
559 Wills Road, Landing
Mr. Zoschak complained about
the extraordinary number of campaign signs coming out of Landing onto Route 46
and that there are way to many of them.
07-437 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
At 8:20 PM Mr. Rilee made a
motion to adjourn the Regular Meeting.
Mr. Schmidt seconded the motion.
All In Favor ? yes
DATE: December 11, 2007
ROLL CALL: Mr. Zoschak ? yes Mr.
Hall ? yes
Mrs. DeFillippo ? yes Mr. Rilee ? yes
Mr. Schmidt ? yes Deputy Mayor Smith - yes