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JULY 10, 2007
A Regular Meeting was held by the Township Council of the
Township of Roxbury on July 10, 2007 at 1715 Route 46, Ledgewood, New Jersey at
PUBLIC MEETING STATEMENT
is hereby given that the Township Council of the Township of Roxbury will be
holding a Public Hearing on the CSC/TKR, Inc., Cablevision of Morris contract
renewal on July 10, 2007 at 7:30 PM at 1715 Route 46, Ledgewood, New
Jersey. This hearing is being held for
any comments or discussion by the public with the Governing Body and reports
and discussion from the Cable Committee will also be addressed at that
time. The contract is available for
public review in the township Clerk’s office, 1715 Route 46, Ledgewood, during
the hours of 9:00 AM to 4:30 PM. The
regularly scheduled meeting will follow the public hearing.
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 18, 2007; notice was posted
on the bulletin board in the main hallway of the Municipal Building on May 18,
ROLL CALL: Councilwoman Kathy
DeFillippo, Councilmen Fred Hall, Richard Zoschak, Martin Schmidt, Jim Rilee,
Tim Smith and Mayor John Ciaramella
Also Present: Christopher Raths, Township Manager; Anthony Bucco, Township
Attorney and Janet Rieth, Deputy Township Clerk
Raths advised that the hearing tonight is to be opened for public
comments. The Township has not received
any public comments on the Cablevision report as of this date. He further advised that Council may close
the hearing tonight or leave it open for another 30 days. The ascertainment report that was received
by Council will be sent to Cablevision and the Board of Public Utilities. Council agreed to move forward. This will be discussed under New
APPROVAL OF MINUTES
6, 2007 - Regular Meeting
8, 2007 - Executive Session
Rilee made a motion to approve the above Minutes. Mr. Schmidt seconded the motion.
Mr. Rilee - yes Mr. Schmidt – yes
DeFillippo – yes Mr. Hall – yes
Smith – yes Mr. Zoschak – yes
(abstain on February 6th)
carried 7 – 0 with one abstention on February 6th
Dennis Wine, 4 Holly Drive,
Succasunna, spoke about the article in the Star Ledger regarding OPRA and
questioned if the Township is mandated to follow this. Mr. Hall advised that the Township is
mandated to follow the OPRA requirements.
Mr. Hall stated that the Township is also required to archive Township
documents. The Township is in the process of working with the County to receive
funding for this process. Mr. Hall has
been advised that the amount of funding is being cut.
Richard Gunaberti, 534 Main
St., Port Morris, stated that limbs from a tree on his neighbor’s property have
fallen in his yard and across Main Street, blocking the road. He has approached the owner and asked him to
remove the tree as it is a potential public safety hazard. Mr. Gunaberti is
looking for assistance from the Township.
Mr. Bucco stated that Mr. Blood has looked at the situation and
determined that the Township is not responsible for removal of the tree. Mr. Raths stated that the Township will
contact the property owner.
Anthony Petrides, 84 Orben
Drive, Landing, discussed the problem in his area with ATVs. He has contacted the Police Department
several times, but has been told that no one is available to respond. Mr. Raths will speak with Chief Noll
regarding this issue.
Arthur Ondish, Mayor of Mt.
Arlington and Chairman of the Lake Hopatcong Commission, discussed the funding
issue facing the Commission. He advised that he met with the Governor and was
told that the State does not have the money to fund the Commission and that any
one who uses the Lake will have to pay fees.
The fees will be imposed in a way that is fair for everyone and will be
directed specifically for Lake Hopatcong.
Adam Zellner of the DEP will meet with the Lake Hopatcong Commission on
July 24th to discuss further details of how this will take
John Sandstrom, 65 Eyland
Avenue, Succasunna, discussed the paving on Eyland Avenue and advised that Roxbury Water Company installed the water
connection in front of his property before the paving took place. The road was paved before this had a chance
to settle and now, during heavy storms, there is a low lying section which
pools with water and freezes in the winter.
He questioned if the drainage issues will be fixed before the completion
of paving on Eyland Avenue. Mr. Raths
advised that drainage work is being done in the area now. Mr. Kobylarz, Township Engineer, will
contact Mr. Sandstrom to review the plans prior to construction.
Mr. Sandstrom questioned if
there are plans to repair the bridge at Horseshoe Lake in the area of the
Veterans Memorial. Mr. Zoschak advised
that Rotary was going to rebuild the bridge a few years ago; however, when DEP
became involved, it became too expensive.
Mr. Raths will speak with Dave Stierli regarding this issue.
REPORTS OF COUNCIL LIAISON REPRESENTATIVES, COUNCIL COMMITTEES AND NEW
Ascertainment Report- Citizens Cable
Adam Faulk, Cablevision’s Vice-President for Government and Public Affairs for
New Jersey, advised that Cablevision filed their application for renewal for
the franchise which expires on December 31, 2007.
At this time Mayor Ciaramella opened the meeting to the
public for comments on the report.
There was no public comment.
Mayor Ciaramella closed the public portion.
Mr. Hall asked if Cablevision has plans to go to the State
at a later time to obtain their franchising arrangement and, if so, when would
this be done. Mr. Faulk stated the
State passed a new law, which was signed by the Governor, that created the
opportunity for cable operators to obtain a State issued franchise to bypass
the municipal consent process.
Cablevision opposed those changes, believing it was in the best interest
of the State to continue with the process that existed. At this point Cablevision is continuing wotj
the municipal consent process. At some
point in the future Cablevision will make a determination as to whether or not
it is in their best interest to remain in a municipally granted franchise or to
seek a new franchise under the State law.
Mr. Raths stated that in December 2006, in conversations with Mr. Shaw
of Cablevision, and later confirmed in
a letter from the Township, it was clear that Cablevision would be
seeking a Statewide franchise.
Therefore, the Township ceased deliberations and committee
meetings. Approximately 60 days ago the
Township received the contract renewal documentation. Mr. Raths contacted Mr. Shaw and was told that Cablevision
decided to go through this process.
Therefore, the Township reconvened Cable Committee meetings. Cablevision
will now review the ascertainment report, compare it against what their options
are specific to the State franchising and then advise the Township of their
determination. Mr. Rilee asked if
Cablevision can apply for a franchise, municipality by municipality. Mr. Faulk stated that they can.
REPORTS OF COUNCIL
LIAISON REPRESENTATIVES, COUNCIL COMMITTEES
Mr. Schmidt discussed garage sale signs which are left up
for weeks after the date of the sale.
Mr. Raths stated that once the sale is over, the property owners should
be contacted or the Township should remove the sign.
Mrs. DeFillippo questioned if the Township has received
complaints regarding the interruption of internet service. Mr. Raths stated that we have not received
Mrs. DeFillippo advised that the Main Street Streetscaping
Committee will meet tomorrow night.
They will be looking at information regarding pavers as fund raising
tools to introduce at Olde Suckasunny Day.
Mrs. DeFillippo advised that the Economic Development
Committee met last week. They discussed
the fact that no one attended the Route 46 permitting process meeting. However, some of the business owners and
residents along Route 46 have spoken to Mr. Stern regarding permits they may
Mrs. DeFillippo advised that the Water/Sewer Committee will
meet on July 20th.
Mrs. DeFillippo asked if the County has been providing
additional programs to the Social Services Department. Mr. Raths stated that, as of this time, they
have not. Mr. Raths will follow up.
Mr. Rilee stated that the Master Plan Committee met last
week. The Master Plan is currently
looking at the Route 46 corridor and Mr. Rilee suggested that the Economic
Development Committee make a presentation to the Master Plan Committee
regarding this area.
Mr. Zoschak stated that Rotary held their installation
dinner last week and Jim Pitaro will be the next President. Lori Lynch, Roxbury High School Choir
Director, received the Paul Harris Fellow for her community service and
dedication to her job.
Mr. Hall advised that he has spoken with Mr. Raths in regard
to vandalism activities that have occurred in the Township and what the
solutions may be. Mr. Raths will get
back to Council on this issue.
Mr. Hall asked when the new 35 unit senior citizen rental
units at Lakeside Village, adjacent to Renaissance Plaza, will be
constructed. Mr. Raths will check on
this. Mr. Rilee stated that it is based
on a certain number of certificates of occupancy being issued to the Villages.
Hall stated that he received correspondence from residents on Mooney Mountain
who would like to obtain information regarding the possibility of installing
sewers in their area. Mr. Raths and Mr.
Hall will speak with the homeowners.
Smith stated that the Open Space Committee will meet tomorrow. They will decide if there will be a County
open space application this year.
Smith advised that the Summer Concerts in the Park start next Thursday at the
Horseshoe Lake Band Shell.
Ciaramella requested an update on when the next DPW Committee meeting will be
held. Mr. Raths will confirm the date
and advise the Committee.
Mr. Bucco’s office is
working on this item.
REQUESTED/REFERRED BY COUNCIL MEMBERS, MANAGER, ATTORNEY OR CLERK
A. PERMIT FOR SOCIAL AFFAIR NORTH JERSEY LEGENDS
HARLEY DAVIDSON’S GROUP SEPTEMBER 22, 2007
Rilee made a motion to approve Item A.
Mr. Zoschak seconded the motion.
Rilee – yes Mr. Zoschak – yes
Schmidt – yes Mr. Smith –yes
Ciaramella – yes
carried 7 – 0
ORDINANCES FOR DISCUSSION
OF PROPOSED ORDINANCES
16-07 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN
THE REAL ESTATE LEASE DATED APRIL 1, 2002 BETWEEN THE
OF ROXBURY AND ROXBURY HISTORIC TRUST, INC. FOR THE KING STORE AND KING HOMESTEAD, BLOCK 6408, LOT 1
Rilee made a motion to introduce Ordinance 16-07. Mr. Smith seconded the motion.
Rilee – yes Mr. Smith – yes
Schmidt – yes Mr. Zoschak – yes
HEARING AND ADOPTION OF ORDINANCES ON
AND ADOPTION OF RESOLUTIONS
7-270 A RESOLUTION INCORPORATING BY REFERENCE
THE FOLLOWING NUMBERED RESOLUTIONS LISTED
ON THE WORKSHOP COUNCIL MEETING
AGENDA FOR THIS DATE: 07-271, 07-272,
07-273, 07-274, 07-275, 07-276, 07-277, 07-278, 07-279, 07-280, 07-281, 07-282,
Rilee made a motion to adopt Resolution 07-270. Mr. Zoschak seconded the motion.
Rilee – yes Mr. Zoschak – yes (recuse on
check no. 44787)
DeFillippo – yes Mr. Hall – yes (recuse
on check no. 0740505-41)
Schmidt – yes Mr. Smith – yes
carried 7 - 0
7-271 A RESOLUTION AUTHORIZING THE RELEASE OF CASH
IN CONNECTION WITH A MAJOR SOIL RELOCATION
PERMIT FOR CLEARVIEW CINEMA BLOCK 5004 LOT 7&8
7-272 A RESOLUTION AUTHORIZING THE RELEASE OF CASH
IN CONNECTION WITH A MAJOR SOIL RELOCATION PERMIT FOR DR. LLOYD KITCHIN BLOCK
3702 LOT 5
7-273 A RESOLUTION AUTHORIZING THE RELEASE OF A
POSTED FOR RIGHT-OF-WAY EXCAVATION PERMIT
NO. MAY1107-A, 25 FOREST DRIVE, SUCCASUNNA, BLOCK 1302, LOT 12
7-274 A RESOLUTION AUTHORIZING THE RELEASE OF A
POSTED FOR RIGHT-OF-WAY EXCAVATION PERMIT NO. MAY2507-B, 64 MILL ROAD, WHARTON,
BLOCK 13004, LOT 1
7-275 A RESOLUTION APPROVING CHANGE ORDER NO. 1 TO
SERVICES CONTRACT WITH KELLER & KIRKPATRICK FOR PROFESSIONAL SURVEY AND
ENGINEERING SERVICES FOR DRAINAGE AND ROAD IMPROVEMENTS TO EYLAND AVENUE PHASE
7-276 A RESOLUTION GRANTING THE STATE OF NEW
OF TRANSPORTATION A NOISE ORDINANCE WAIVER FOR THE 2008 CONSTRUCTION SEASON
7-277 A RESOLUTION SUPPORTING A COMPLETE
IMPLEMENTATION OF USER FEES ON LAKE HOPATCONG
7-278 A RESOLUTION GRANTING RENEWAL OF LIQUOR
FOR DANIELLE’S PUB, INC., T/A DANIELLE’S AND DIRECTING LICENSING OFFICER TO
7-279 A RESOLUTION GRANTING RENEWAL OF LIQUOR LICENSE
FOR SHORE HILLS COUNTRY CLUB, T/A SHORE HILLS COUNTRY CLUB AND DIRECTING
LICENSING OFFICER TO DELIVER SAME
7-280 A RESOLUTION GRANTING RENEWAL OF LIQUOR
FOR MELMAR LLC, TRADING AS RUMORS AND DIRECTING LICENSING OFFICER TO DELIVER
07-281 A RESOLUTION AUTHORIZING THE REFUND OF TAXES
07-282 A RESOLUTION AUTHORIZING THE PAYMENT OF
7-283 A RESOLUTION AUTHORIZING THE EXECUTION OF A
RIGHTS LETTER AND OFFER FROM THE MUNICIPAL EXCESS LIABILITY JOINT INSURANCE
FUND (MEL) IN CONNECTION WITH THE TORT CLAIM FILED BY ALMA JOSEPH
Dated July 3, 2007 from Judy Riley, Senior Personnel Coordinator
– Interoffice Memorandum from BettyLou DeCroce to Mayor/Council, dated June 22,
2007, re: Grant Writers/Shared Services – Council is not interested in shared
services for a grant writer.
– Interoffice Memo from Christopher Raths to Rick Blood/Mike Pellek and Safety
Committee Member, dated June 25, 2007, re: Morris JIF LTAF Rate – Council
commended everyone for a good job.
– Correspondence from Lake Musconetcong Regional Planning Board, to
Mayor/Council, dated June 19, 2007, re: 2007 Operating Budget and Lake
Management Budget – Mr. Raths will confirm payment and amount.
– Correspondence from Joe Santoro, to Mayor/Council, dated June 20, 2007, re:
Highlands Exemption Block 9203, Lot 1, Formerly Block 37, Lot 4.1, 110 Route
206 – Mr. Raths will provide Mr. Santoro with a copy of the Township’s letter.
– Mayors Fax Advisory, dated June 26, 2007, re: Affordable Housing: 3rd
Round Challenges – the 3rd Round numbers are still up in the air.
– Correspondence from Roxbury Historic Trust, Inc., to Christopher Raths, dated
June 22, 2007, re: Annual Report 2006 – Council acknowledged the good job of
– Correspondence from Albert Rigosi, 2007 Graduate of Roxbury High School to
the Roxbury Township Council, re: Name addition to Bryant Drive to Honor the
Class of 2007 – Mr. Raths will respond that the Township will not change the
name of the street.
Wine, 4 Holly Drive, Succasunna, requested information on the franchise fee
from Cablevision. Mr. Hall advised that
we are currently receiving 2%. The
State franchise is 4% and we are negotiating
4% if Cablevision goes with a municipal franchise. If they go with the State, they are required
to pay the 4%.
7-284 A RESOLUTION OF THE TOWNSHIP COUNCIL OF THE
IN THE COUNTY OF MORRIS, NEW JERSEY AUTHORIZING CONFERENCE OF THE TOWNSHIP
COUNCIL WITH THE PUBLIC EXCLUDED
was no Executive Session.
9:45 PM Mr. Rilee made a motion to adjourn the Regular Meeting. Mr. Schmidt seconded the motion.
In Favor – yes
APPROVED BY COUNCIL
DATE: January 22, 2008
ROLL CALL: Mr. Rilee – yes Mr. Hall – yes
Behrens – abstain Mrs. DeFillippo – yes
Schmidt – yes Mayor Smith - yes