January 10, 2006
A Regular Meeting of the Township Council of the Township of
Roxbury was held on January 10, 2006 at 1715 Route 46, Ledgewood 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, Tim Smith, Richard Zoschak and
Mayor Martin Schmidt
ALSO
PRESENT: Christopher Raths, Township
Manager; Anthony Bucco, Township Attorney; BettyLou DeCroce, Township Clerk
Deputy
Mayor John Ciaramella arrived at 7:50
p.m.
PRESENTATIONS
A.
Proclamation: Succasunna
Presbyterian Church 250th Anniversary – Mayor Martin Schmidt read the Proclamation. Sue
Anderson, a member of the Succasunna Presbyterian Church thanked the Council
for their support.
B.
Presentation: Dog Park – Members present from the Roxbury Dog Park Committee
included Heather Darling, Esq., President; Marty Schmidt, Vice President; Eva
Scartozzi, Secretary; Matt Kotarski, Treasurer; Sam Horton; Michele Kotarski
and Tom McClemens. The Committee spoke of the benefits and source of funds for
the proposed dog park (The complete dog park plan is available for viewing in
the Clerk’s Office). Mr. Bucco stated that he was concerned about liability
insurance. Ms. DeCroce stated that the Joint Insurance Fund will not insure
the dog park if it is run independently from the Township. Ms. DeCroce stated
that Randolph Township has a dog park and we should consult with them. Mr.
Bucco stated that Randolph owns and operates their dog park themselves. Mr.
Raths stated that the Township does own the property where the proposed dog
park would be on Emmans Road. Mr. Raths stated that he has been in discussions
with Dave Stierli, Recreation Director about the proposed dog park facility.
Councilman Zoschak questioned the benefit of the Joint Insurance Fund’s
coverage. Mr. Bucco stated that the Joint Insurance Fund would defend the
Township if it were involved in a lawsuit. Councilman Smith questioned who
would maintain the dog park. Mayor Schmidt stated the dog owners are
responsible for cleaning up their dog’s waste and that pea gravel would be
installed. It was noted also that half of the area is already covered with
sand. Councilwoman DeFillippo questioned the safety of the facility because
the current fence on the property is only four feet high. The dog park
committee members stated that the fence would be changed to a six-foot high
fence. Ms. DeFillippo stated she has some concerns in regards to wetland
issues and suggested that the Recreation Committee review the proposal for
the dog park. Councilman Smith suggested a straw poll of who is in favor of
the Dog Park and Council all agreed. Councilwoman DeFillippo
stated she is in favor as long as it does not cost the Township any money.
C.
Presentation: Capital
Budget (separate cover) – Mr. Raths
gave a slide presentation on the Capital budget with a total recommendation of
$1,300,000. Councilman Hall questioned when the Land Use Regulations were
going to be put on line. Mr. Raths stated that Zoning and the Clerk’s
Ordinances have already been approved. Mr. Raths stated that the new entrance
sign for Horseshoe Lake would be done in the spring of 2006. Mr. Raths
further stated that $185,000 in grant money will be used to pave from the
entrance of Horseshoe Lake on Eyland Avenue to Route 10, and that this project
is ahead of schedule. Mr. Raths stated that the Fire Prevention 1995 Jeep will
be replaced and that the 1995 Jeep will be transferred to Fire Company #2 as a
brush truck. A discussion took place concerning the purchase of a wood
chipper. Mr. Ciaramella asked about the difference between renting as opposed
to maintenance on a new chipper. Council would like Mr. Raths to compare
owning vs. leasing the chipper. Mr. Raths stated that the cost for the wood
chipper is $20,000. Mr. Ciaramella also asked Mr. Raths if we purchased the
new truck with the lift gate for the sanitation department for bulky item pick
ups with a Clean Communities Grant. Mr. Raths stated yes. A discussion took
place regarding the Dial-A-Ride bus and the possibility of a shared services agreement
with the Board of Education. Mr. Raths indicated that the budget includes
replacing the 1997 bus, which has a total of 128,681 miles on it. Mr. Raths
stated that Mr. Grisi’s report on Dial-A-Ride will be sent out to Council.
APPROVAL OF MINUTES
September 27, 2005 Workshop - HOLD
September 27, 2005 Executive Session - HOLD
October 11, 2005 Regular - HOLD
October 11, 2005 Executive Session - HOLD
November 29, 2005 Regular
December 6, 2005 Executive Session
December 13, 2005 Regular
Councilman
Rilee made a motion to approve the November 29, 2005, Regular Session, December
6, 2005, Executive Session and December 13, 2005 Regular Session. Councilman
Zoschak seconded the motion.
ROLL
CALL: Mr. Rilee – Yes Mr.
Zoschak – Yes
Mr.
Ciaramella – Yes Ms. DeFillippo – Abstain
Mr.
Hall – Yes Mr. Smith – Yes, Abstain on 11/29/05
Mayor
Schmidt – yes, Abstain on 11/29/05
MOTION
CARRIED 7 – 0, with 1 abstention on all of the minutes & 2 abstentions on 11/29/05
PUBLIC PORTION
Robert Kluska
274 Emmans Road
Mr. Kluska informed Council that the Township Web-Site is
very important and asked why last weeks and this weeks Agendas were not posted
on the Web-Site. Mr. Kluska also asked why the Agenda is no longer posted in
the Public Library. Mr. Raths stated he would follow up with Mr. Kuncken,
Director of Information Technology. Councilman Smith suggested that we should
e-mail the Agenda to the Library. Mr. Raths and Council all agreed that
e-mailing the Agenda to the Library would be a good idea. Councilman Hall
suggested that a Library Representative may be able to update the Web-Site for
the Township.
Mr. Kluska also suggested that the Township should consider
getting a second bus for dial-a-ride. He also suggested that the Township do
a comparison study with Randolph Township and other surrounding towns. Mr. Kluska
commented that the senior population is growing, not shrinking.
REPORTS
OF COUNCIL LIAISON REPORTS OF COUNCIL LIAISON REPRESENTATIVES, COUNCIL
COMMITTEES AND NEW BUSINESS/OLD BUSINESS
A. Procurement Policy
B. Appointments
i.
Rockaway River Watershed Cabinet—2
Members, 1-year term – Will be discussed at a future meeting.
ii.
Economic Development Committee—1
Member, 3-year term – Will be discussed at a future meeting.
iii.
COAH Committee – Will be discussed
at a future meeting.
iv.
Computer / IT Committee
Councilman Rilee made a motion
to appoint Mark Crowley, Theresa DeVencentis, Fred Hall and Richard Zoschak to
the Computer/IT Committee. Councilman Zoschak seconded the motion.
ROLL CALL: Mr.
Rilee – Yes Mr. Zoschak – Yes
Mr. Ciaramella –
Yes Ms. DeFillippo – Yes
Mr. Hall – Yes Mr.
Smith – Yes
Mayor Schmidt –
Yes
MOTION CARRIED 7 – 0
v.
Trails Committee
vi.
Water Committee
vii.
Sewer Committee
Councilman Rilee made a motion
to appoint Kathy DeFillippo, Tim Smith and Richard Zoschak to the Water/Sewer
Committee. Deputy Mayor Ciaramella seconded the motion.
ROLL CALL: Mr.
Rilee – Yes Mr. Zoschak – Yes
Mr. Ciaramella –
Yes Ms. DeFillippo – Yes
Mr. Hall – Yes Mr.
Smith – Yes
Mayor Schmidt –
Yes
MOTION CARRIED 7 – 0
viii.
Labor Attorney – Councilman Rilee
stated he would like a certification of funds to go along with this
appointment and for it to be put on the next Agenda. Councilman Zoschak asked
Mr. Raths to make the fees available for Council to review. Mr. Raths stated
he would get the information and also wants Council to know that he has a good
relationship with this law firm.
ix.
Township Surveyor – This position
should be deleted as it is not needed
Councilman Tim Smith stated that next
Thursday, January 19, 2006 there will be an Economic Committee meeting at 7:00 a.m. and
also that the Open Space Committee had a meeting this week. Mr. Smith also
stated that the Riggs property has not closed, but the Sweney property has
closed.
Councilman Zoschak welcomed Councilwoman Kathy DeFillippo
to the Council. Mr. Zoschak also stated that the meetings of the Board of
Adjustment and Board of Education were advertised in the newspaper, but not the
Council Meeting. Mr. Zoschak also mentioned that the new Department of
Environmental Protection Commissioner is Lisa Jackson.
Councilman Jim Rilee stated that the D.P.W. facility is
moving forward.
Councilwoman Kathy DeFillippo stated that last Thursday, January 5, 2006 she attended the Highlands Council Meeting along with Lisa Voyce and that
the Regional Master Plan must be adopted by June 6, 2006. Ms. DeFillippo stated that public hearings will be held in May of 2006 and that public comments
will be part of the Master Plan. Ms. DeFillippo stated that after June 6, 2006, Towns would have until the year 2007 to implement the new Master Plan.
Ms. DeFillippo also stated that Mt. Arlington will have a
Land Use meeting regarding the Shadow Woods Development. Mr. Raths stated that
he and Russell Stern have been attending these meetings.
Ms. DeFillippo stated she would like to hold quarterly Town
Hall meetings in each Ward of the Township. Mr. Rilee stated he is concerned
about the recording equipment. Ms. DeFillippo stated these meetings would be
informal Town Meetings, not Council Meetings. Mr. Hall stated that he and the
late Thomas Vickery held these meetings a few years ago. Ms. DeFillippo stated
that she would like to have an Agenda for each meeting.
Ms. DeFillippo stated that Barbara Blackburn, a Township
Resident passed away last week. Ms. DeFillippo stated that Ms. Blackburn was a
very active Volunteer for Roxbury and also for the Roxbury High School Marching
Band and she served as Secretary to the Library. Councilman Smith stated that
Margaret Mead is Ms. Blackburn’s Daughter and she lives on Emmans Road. Ms.
DeCroce stated that she would write a letter to Ms. Mead in appreciation of Ms.
Blackburn’s contributions to the Township.
Councilman Hall stated that all of the Board of Education’s
building projects are completed and tours are being made available to whoever
is interested.
Mr. Hall stated that on December 19, 2005 the Recreation Committee gave its presentation on the Master Plan and will do so again on January 19, 2006. Goals for the Master Plan were set up on Saturday with Jim Gordon,
Chairman.
Mr. Hall asked about the impact of new legislation
regarding smoking in public places. Ms. DeCroce stated it is a statewide law,
not a town ordinance. Mr. Hall stated we should have signs posted at
Imagination Station & Park areas. Mr. Bucco advised that this Legislation
prohibits smoking indoors at public places.
Councilman Smith stated he would like to see an ordinance
that prohibits any type of motorized vehicle on the Township’s bike path.
Council advised Mr. Smith that they already have such an ordinance.
Councilman Hall stated he would like to see the Township
start promoting its accomplishments. Mr. Hall stated we have made
outstanding progress in paving our roads and all this information should be put
out in quarterly newsletters and on our web site.
Mr. Hall also complimented staff on our Health insurance
being increased by only 9% while surrounding Towns are at 11%.
Mr. Ciaramella stated that the D.P.W. meeting is going to be
held on Tuesday, January 17, 2006.
Mayor Schmidt stated that the Boy Scout house is just about
finished and should be completed by March.
At 9:20 p.m. Council took a break
At 9:30 p.m. Council resumed the meeting.
MATTERS REQUESTED/REFERRED BY COUNCIL MEMBERS, MANAGER, ATTORNEY OR CLERK
A. Application for Raffles License No. RA: 1268 by
Roxbury Volunteer Fireman’s Association Company # 1, Inc.
Councilman Rilee made a motion to approve Item A.
Deputy Mayor Ciaramella seconded the Motion.
ROLL CALL: Mr.
Rilee – Yes Mr. Ciaramella – Yes
Mr.
DeFillippo – Yes Ms. Hall – Yes
Mr.
Smith – Yes Mr. Zoschak – Yes
Mayor
Schmidt – Yes
MOTION
CARRIED 7 – 0
INTRODUCTION OF PROPOSED ORDINANCES
None
HEARING AND ADOPTION OF ORDINANCES ON SECOND READING
None
INTRODUCTION AND ADOPTION OF RESOLUTIONS
06-14 A resolution
incorporating by reference herein and approving the following numbered
resolutions listed on the regular council meeting agenda for this date: 06-15,
06-18, 06-19, 06-20, 06-21, 06-22, 06-23, 06-24, 06-25, 06-26, 06-27, 06-28,
06-29, 06-30
Councilman Rilee made a motion to adopt Resolution
06-14. Councilman Smith seconded the Motion.
ROLL
CALL: Mr. Rilee – Yes Mr.
Smith – Yes, recusal on ck #38471
Mr.
DeFillippo – Yes Ms. Hall – Yes
Mr.
Zoschak – Yes Mr. Ciaramella – Yes, recusal on cks
Mayor
Schmidt – Yes 38457, 38640, 38643
MOTION
CARRIED 7 – 0, with recusal on checks 38457, 38471, 38640 & 38643
06-15 A resolution authorizing the refund of
construction permit fees pertaining to the tear down and rebuilding of a
garage.
06-18 A
resolution approving Change Order No. 1 to the contract with Iron Hills
Construction Co., Inc. for the Evergreen Acres Water System Improvements, Production
Well No. 14, Mettle Lane, Berkshire Valley.
Mr. Rilee stated we need the Certification of Funds
attached – Mr. Raths stated he would provide the certification of funds.
06-19 A resolution amending the membership of
the Township Fire Department.
06-20 A resolution
authorizing the release of a Performance Guarantee posted for Right-of-Way
Excavation Permit No. APRIL2005 Benks Land Services, Inc., Block 9204, Lot 3.
06-21 A resolution
authorizing the release of a Performance Guarantee posted for Right-of-Way
Excavation Permit No. JULY0105 Louis Scicchitano, 32 Toby Dr., Succasunna, NJ, Block
1109, Lot 22.
06-22 A resolution
authorizing the release of a Performance Guarantee posted for Right-of-Way
Excavation Permit No. OCT3105 BTS Landscaping, Inc., 39 Eyland Avenue,
Succasunna, NJ, Block 3710, Lot 2.
06-23 A resolution
authorizing the release of a Performance Guarantee posted for Right-of-Way
Excavation Permit No. APR2705 Dennis M. Napoliello, 9 Lookout Drive,
Ledgewood, Block 7401, Lot 5.
06-24 A resolution
authorizing the release of a Performance Guarantee posted for Right-of-Way
Excavation Permit No. MAY2405 Patricia Trapasso, 10 Carol Drive, Succasunna, NJ, Block
1604, Lot 9.
06-25 A resolution authorizing the release of a
Performance Bond and Cash Bond posted no. 02-252 in connection with site
improvements related to the final site plan for Michael Gulick located on Lenel
Road, Block 9502, Lots 4 and 5.
06-26 A resolution authorizing the award of a
contract to Denville Line Painting, Inc. for line painting various Township
roads.
06-27 A resolution approving a change order to the
contract with Spectraserv, Inc. for pond cleaning at the Ajax Plant.
Mr. Blood
stated that this is the first time the Ajax Plant is being cleaned.
06-28 A resolution authorizing the refund of
application fees pertaining to the installation of an above ground oil tank.
06-29 A resolution
authorizing the purchase of police evidence tracking equipment and software
from Porter Lee Corporation.
Captain Kennedy
stated that the purchase price includes installation.
06-30 A resolution authorizing payment of bills.
06-16 A
resolution authorizing the endorsement of a treatment works approval permit
application for the Roxbury Active Adult Community by Woodmont Properties, LLC
located on Route 46 and Lake Shore Drive, Ledgewood, Block 9302, Lot 1 and
Block 9302, Lot 1 and Block 9401, Lots 1, 12 and 13.
06-17 A
resolution authorizing the endorsement of a Treatment Works Approval Permit
Application for Villages at Roxbury for the property located on Shippenport
Road, Landing Block 11201, Lots 1, 2 and 3.
Councilman
Rilee made a motion to adopt Resolutions 06-16 & 06-17. Councilman Zoschak
seconded the motion.
ROLL CALL: Mr.
Rilee – Yes Mr. Zoschak – Yes
Mr. DeFillippo –
Yes Ms. Hall – Yes
Mr. Smith – Yes Mr.
Ciaramella – Yes
Mayor Schmidt –
Yes
MOTION CARRIED 7 – 0
PERSONNEL CHANGES
Memo from Judy Riley dated January 5, 2006.
COMMUNICATIONS
December 16, 2005
December 22, 2005
December 30, 2005
January 6, 2006
Councilman Rilee made a motion to file all
of the above-mentioned Communications. Deputy Mayor Ciaramella seconded the
motion.
ROLL CALL: Mr.
Rilee – Yes Mr. Ciaramella – Yes
Mr. DeFillippo –
Yes Ms. Hall – Yes
Mr. Smith – Yes Mr.
Zoschak – Yes
Mayor Schmidt –
Yes
MOTION CARRIED 7 – 0
PUBLIC PORTION
None
EXECUTIVE SESSION
06-31 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.
Mr. Ciaramella made a motion to adopt
Resolution 06-31 for Executive Session. Mr. Rilee seconded the motion.
ROLL CALL: Mr.
Ciaramella – Yes Mr. Rilee – Yes
Mr. DeFillippo –
Yes Ms. Hall – Yes
Mr. Smith – Yes Mr.
Zoschak – Yes
Mayor Schmidt –
Yes
MOTION CARRIED 7 – 0
06-32 Resolution of the Township
of Roxbury Approving Settlement of Tax Appeal.
Mr. Rilee made a motion to adopt Resolution 06-32. Mr.
Ciaramella seconded the motion.
ROLL CALL: Mr.
Rilee – Yes Mr. Ciaramella – Yes
Mr. DeFillippo –
Yes Ms. Hall – Yes
Mr. Smith – Yes Mr.
Zoschak – Yes
Mayor Schmidt –
Yes
MOTION CARRIED 7 – 0
ADJOURNMENT at 10:30
At 10:00 p.m. a motion was made by Mr. Rilee to adjourn the
Regular meeting. Mr. Ciaramella seconded the motion.
All In Favor – Yes
Submitted by:
_________________________
BettyLou DeCroce
Township Clerk
MINUTES APPROVED BY
COUNCIL
DATE: March 14, 2006
ROLL CALL: Mr. Rilee – yes Mr. Hall – yes
Mr.
Ciaramella – yes Mr. Smith – yes
Mr.
Zoschak – yes Mayor Schmidt - yes