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February 14, 2006

 

A Regular Meeting of the Township Council of the Township of Roxbury was held on February 14, 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, Tim Smith and Deputy Mayor John Ciaramella

 

ALSO PRESENT: Christopher Raths, Township Manager; Anthony Bucco, Township Attorney and BettyLou DeCroce, Township Clerk

 

ABSENT:  Mayor Martin Schmidt – due to illness

                   Councilman Richard Zoschak – due to vacation     

 

PRESENTATIONS

Proclamation:  Read Across America

Deputy Mayor Ciaramella read the Read Across America proclamation. Read Across America is being held on March 2, 2006 and celebrates the 102nd Birthday of Dr. Seuss. Mary Romance, Library Director, invited everyone to attend their celebration.

 

Presentation:   Roxbury High School Girls Cross-Country Team

Deputy Mayor Ciaramella presented Coach Terry Sikora and the Roxbury High School Girls Cross Country team  with a plaque and congratulated them for being rated 9th in the Nation.  Mr. Hall also congratulated the girls and stated that they are the best Cross Country Team in the history of New Jersey.  There will be a new sign on Bryant drive listing the team’s accomplishments.  The following are the members of the Roxbury High School Girls Cross Country Team:  Kathleen Alexander, Katy Argueta-Romero, Ashley Cromartie, Jenn Ennis, Lauren Penney, Kristen Stevens and Sarah Tencza.H

 

 

APPROVAL OF MINUTES

     December 6, 2005   Budget/Workshop

     January 3, 2006       Reorganization

     January 17, 2006     Budget/Workshop

     January 24, 2006     Workshop

     January 24, 2006    Executive Session

 

Mr. Rilee made a motion to approve the above minutes.  Mr. Smith seconded the motion.

 

Roll Call:

Mr. Rilee – yes Mr. Smith – yes

Mrs. DeFillippo – yes (abstain on December 6, 2005 and January 24, 2006)

Mr. Hall – yes              Deputy Mayor Ciaramella – yes

 

Motion carried 5 – 0 with one abstention on December 6, 2005 and one abstention on January 24, 2006

 

PUBLIC PORTION

Robert Kluska, 274 Emmans Road, questioned if the Township has the proper ordinance in place for the Council members to be able to receive health benefits.  Mrs. DeCroce stated that the Township ordinance is appropriately approved and runs with the personnel manual, which was last updated in 2004.

 

REPORTS OF COUNCIL LIAISON REPRESENTATIVES, COUNCIL COMMITTEES AND NEW BUSINESS/OLD BUSINESS

 

Mr. Smith gave Council an overview of the “Senior LifeSavers” program. This program provides a discounted rental of a small transmitting pendant and a receiver base connected to your telephone.  In the event of an emergency in your house, you would press a button on the pendant and a signal would be transmitted via telephone to a central call processing area of a service provider called LifeFone.  They will then contact Roxbury’s emergency services, your doctor and a family member or friend that you designate.  You must be within range of the receiver base in your home for the system to work.  There will be two different rates available for utilizing these services, the “discounted” rate and the “low-income” rate.  The discounted rate is $264 per year ($22 per month), payable annually in advance.  The low-income rate is $60 per year ($5 per month), payable annually in advance.  This compares very favorably to ordinary rental rates in the market of between $348 and $720 per year for similar services.  This program is a joint effort of Roxbury Township, the Roxbury Rotary Club, local Roxbury businesses, and LifeFone, an emergency contact service provider.  Roxbury Township is helping administer the program and qualifying residents for the program’s low-income component.  Local businesses have contributed funds to supplement the difference between the discounted monthly rate available to all Roxbury residents and the low-income rate.  Roxbury Rotary has accepted these local business donations and will facilitate the low-income component.  LifeFone is a White Plains, NY company which provides emergency pendant equipment, monitors incoming emergency communications and then contacts local emergency services, a doctor and a designated friend or family member to provide a swift response.  All Roxbury residents qualify for the discounted rate.  However, to qualify for the low-income rate, residents must apply to the Township’s Social Services director for approval.  This will be provided on a first-come, first-served basis.  If the program has more funds available for low-income pendants than there are applicants, then the Social Services director may allot the low-income rate based upon any applications received that do not qualify as “low income”, but which applicants are among the lowest income of those applicants not otherwise qualifying.  Such applicants will be considered annually, and may not receive the low-income rate in future years.  Mr. Smith further advised that there will be no cost to the Township

 

Mr. Rilee made a motion to approve the “Senior LifeSavers” Program. Mrs. DeFillippo seconded the motion.

 

Roll Call:

Mr. Rilee – yes Mrs. DeFillippo – yes

Mr. Hall – yes              Mr. Smith – yes

Deputy Mayor Ciaramella – yes

 

Motion carried 5 - 0

 

Mr. Smith advised that he took a walk on Veterans’ Park and Mooney Mountain to get an idea of the trails plan.

 

Mr. Rilee advised that the Master Plan Committee is moving forward with the trails master plan and will be going before the Planning Board for adoption of the Master Plan.

 

Mr. Rilee stated that the Fire Chiefs still need to discuss the possibility of the Township holding a 12th  Night celebration.  Mr. Rilee stated that any planning should be held off until the Chiefs have a chance to discuss this matter.

 

Mrs. DeFillippo stated that a neighborhood meeting will be held next Wednesday, February 22, 2006, 7:00 PM, at the Senior Center.  This is being held for residents to meet with Council members in an informal setting to ask questions and discuss issues.

 

Mrs. DeFillippo stated that there is a stack of timbers by the railroad tracks on Carey Road.  She is concerned that children could get hurt if they climb on it.  Mr. Raths will follow up.

 

Mrs. DeFillippo mentioned that Roxbury Township’s website is much better than many other towns.

 

Mr. Hall stated that the response to the dog park has been favorable and information will be put in the Council’s package this week.

 

Mr. Hall stated that this is the last meeting to put together information for the FCC pertaining to Verizon.  The information will go out by the end of the week.  Mr. Hall and Mr. Raths will work on a letter.

 

Mr. Hall attended the Board of Education meeting. Roxbury High School has the most students per class than any other municipality in Morris County.  Mr. Hall also advised Council that at this time the Board of Education is not ready to decide on any specific shared services.  Mr. Hall stated that discussions will continue.

 

Mr. Hall stated that the Cable Committee is working on the franchise agreement and it will be completed prior to December 31, 2006.

 

Mr. Hall stated that he has received many phone calls from residents questioning why the Council is discontinuing senior bus service.  He would like everyone to know that we are not canceling senior busing.

 

Mrs. DeFillippo advised that the Economic Development Committee will be holding a seminar on Thursday, April 20, 2006.

 

Mrs. DeFillippo advised that she will be chairing a walk for Multiple Sclerosis on Sunday, April 23, 2006.  She will provide more information at a future meeting.

 

Mr. Raths stated that he and Mr. Kobylarz met with representatives of the DOT regarding a number of projects in the Township.  The Township must file a notice of condition with the DOT for the left turn lane improvements at the Route 10/Hillside Avenue intersection.  Striping of  the third lanes at the jug handles by the Roxbury Car Wash will be done by Memorial Day, as well as the  advanced flashing signal on the westbound lane of Route 46. 

 

Mr. Raths spoke about a recent  letter to the editor in the Newspaper regarding the Dial-A-Ride program and stated that we do not turn away requests for assistance.  The Township always meets the needs of the senior citizens.

 

Responding to a question from Council at the last budget meeting, Mr. Raths advised that the Maintenance Agreement for Edmunds is for one basic service.

 

Mr. Raths advised Council that he will be out of the office on Thursday and Friday, February 16th and 17th.

 

Mr. Ciaramella questioned when the next DPW facility meeting will be held.  Mr. Raths will check on this and advise.

 

Mr. Bucco advised that, as of this date, there has not been an appeal filed pertaining to the Orben Drive condemnation matter.

 

OLD BUSINESS

Procurement Policy – Will be discussed at a future meeting.

Appointments

Rockaway River Watershed Cabinet—2 Members, 1-year term.

Economic Development Committee—1 Member, 3-year term.

Raritan Highlands Compact—2 Members

 

These appointments will be discussed at a future meeting.

 

MATTERS REQUESTED/REFERRED BY COUNCIL MEMBERS, MANAGER, ATTORNEY OR CLERK

A. Application for Raffles License No. RA: 1272 by St. Therese Rosary Alter Society

B. Application for Raffles License No. RA: 1273 by St. Therese Rosary Alter Society

C. Application for Raffles License No. RA: 1274 by St. Therese Rosary Alter Society

D. Application for Raffles License No. RA: 1275 by Roxbury Rotary Club District 7470

E. Letter from Runners Race Service requesting permission to hold road race on June 5, 2006

 

Mr. Rilee made a motion to approve Items A through E.  Mr. Smith seconded the motion.

 

Roll Call:

Mr. Rilee – yes Mr. Smith – yes

Mrs. DeFillippo – yes   Mr. Hall – yes (abstain on Items A, B & C)

Deputy Mayor Ciaramella – yes (abstain on Items A, B, C & D)

 

Motion carried 5 – 0 with two abstentions on Items A, B & C and one abstention on Item D

 

F. Memo from Fred Hall requesting continuance of the Trails Committee

 

Mr. Smith made a motion for additional names to be added and for the committee to work with the Open Space Committee and the Recreation Advisory Committee.  Mr. Rilee seconded the motion.

 

Roll Call:

Mr. Smith – yes            Mr. Rilee – yes

Mrs. DeFillippo – yes   Mr. Hall – yes

Deputy Mayor Ciaramella – yes

 

Motion carried 5 – 0

 

G. Letter from Renaissance Village requesting street names

Mr. Rilee made a motion to approve Pondside Drive and Brook Drive as the street names in Renaissance Village.  Mr. Smith seconded the motion.

 

Roll Call:

Mr. Rilee – yes Mr. Smith – yes

Mrs. DeFillippo – yes   Mr. Hall – yes

Deputy Mayor Ciaramella – yes

 

Motion carried 5 - 0

 

INTRODUCTION OF PROPOSED ORDINANCES       

5-06      An ordinance to amend Chapter XIII, Land Development Ordinance, Article IV, Improvements and Guarantees, Section 13-4.2, Performance Guarantee, Subsection 13-4.206 Release of Performance Guarantees, of the Revised General Ordinances of the Township of Roxbury, County of Morris, State of New Jersey

 

Mr. Rilee made a motion to introduce Ordinance 5-06.  Mr. Smith seconded the motion.

 

Roll Call:

Mr. Rilee – yes Mr. Smith – yes

Mrs. DeFillippo – yes   Mr. Hall – yes

Deputy Mayor Ciaramella – yes

 

Motion carried 5 – 0

 

6-06     An 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 6-06.  Mr. Hall seconded the motion.

 

Roll Call:

Mr. Smith – yes            Mr. Hall – yes

Mrs. DeFillippo – yes   Mr. Rilee – stepped down as a result of the liquor license fees in the ordinance and the potential impact they may have on his employer

Deputy Mayor Ciaramella – yes

 

Motion carried 4 – 0

 

7-06      Calendar Year 2006—an ordinance to exceed the municipal budget appropriation limits and to establish a cap bank

 

Mr. Rilee made a motion to introduce Ordinance 7-06.  Mr. Smith seconded the motion.

 

Roll Call:

Mr. Rilee – yes Mr. Smith –yes

Mrs. DeFillippo – yes   Mr. Hall – yes

Deputy Mayor Ciaramella – yes

 

Motion carried 5 – 0

 

8-06     An ordinance of the Township of Roxbury providing for the appropriation of funds for various building improvements and equipment and appropriating $136,900.00 from General Capital Improvement Fund

 

Mr. Rilee made a motion to introduce Ordinance 8-06.  Mr. Smith seconded the motion.

 

Roll Call:

Mr. Rilee – yes Mr. Smith – yes

Mrs. DeFillippo – yes   Mr. Hall – yes

Deputy Mayor Ciaramella – yes

 

Motion carried 5 – 0

 

9-06      An ordinance of the Township of Roxbury providing for the appropriation of funds for various sewer utility improvements and appropriating $88,000.00, from Sewer Capital Improvement Fund

 

Mr. Hall made a motion to introduce Ordinance 9-06.  Mr. Smith seconded the motion.

 

Roll Call:

Mr. Hall – yes              Mr. Smith – yes

Mrs. DeFillippo – yes   Mr. Rilee – yes

Deputy Mayor Ciaramella – yes

 

Motion carried 5 – 0

 

HEARING AND ADOPTION OF ORDINANCES ON SECOND READING

1-06      An ordinance amending Chapter IV, General Licensing, of the Revised General Ordinances of the Township of Roxbury, pertaining to Used Motor Vehicle and Junk Dealers

 

Mr. Rilee made a motion to open Ordinance 1-06 to the public. Mr. Smith seconded the motion.

 

Roll Call:

Mr. Rilee – yes Mr. Smith  -yes

Mrs. DeFillippo – yes   Mr. Hall – yes

Deputy Mayor Ciaramella – yes

 

Motion carried 5 – 0

 

There was no public comment.

 

Mr. Hall made a motion to close Ordinance 1-06 to the public.  Mr. Smith seconded the motion.

 

Roll Call:

Mr. Hall – yes              Mr. Smith – yes

Mrs. DeFillippo – yes   Mr. Rilee – yes

Deputy Mayor Ciaramella – yes

 

Motion carried 5 – 0

 

Mr. Hall made a motion to adopt Ordinance 1-06.  Mr. Smith seconded the motion.

 

Roll Call:

Mr. Hall – yes              Mr. Smith – yes

Mrs. DeFillippo – yes   Mr. Rilee – yes

Deputy Mayor Ciaramella – yes

 

Motion carried 5 - 0

 

 

2-06      An ordinance amending Chapter II, Administrative Code, of the Revised General Ordinances of the Township of Roxbury, County of Morris, New Jersey, pertaining to Length of Service Award Program

 

Mr. Hall made a motion to open Ordinance 2-06 to the public.  Mr. Smith seconded the motion.

 

Roll Call:

Mr. Hall – yes              Mr. Smith – yes

Mrs. DeFillippo – yes   Mr. Rilee – yes

Deputy Mayor Ciaramella – yes

 

Motion carried 5 - 0

 

There was no public comment.

 

Mr. Rilee made a motion to close Ordinance 2-06 to the public.  Mr. Smith seconded the motion.

 

Roll Call:

Mr. Rilee – yes Mr. Smith – yes

Mrs. DeFillippo – yes   Mr. Hall – yes

Deputy Mayor Ciaramella – yes

 

Motion carried 5 – 0

 

Mr. Rilee made a motion to adopt Ordinance 2-06.  Mr. Hall seconded the motion.

 

Roll Call:

Mr. Rilee  - yes            Mr. Hall – yes

Mrs. DeFillippo – yes   Mr. Smith – yes

Deputy Mayor Ciaramella – yes

 

Motion carried 5 – 0

 

3-06      An ordinance amending Chapter II, Administrative Code, of the Revised General Ordinances of the Township of Roxbury pertaining to the authority of the Manager to appoint Officers and employees

 

Mr. Smith made a motion to open Ordinance 3-06 to the public.  Mr. Rilee seconded the motion.

 

Roll Call:

Mr. Smith – yes            Mr. Rilee – yes

Mrs. DeFillippo – yes   Mr. Hall – yes

Deputy Mayor Ciaramella – yes

 

Motion carried 5 – 0

 

There was no public comment.

 

Mr. Rilee made a motion to close Ordinance 3-06 to the public.  Mr. Smith seconded the motion.

 

Roll Call:

Mr. Rilee  - yes            Mr. Smith – yes

Mrs. DeFillippo – yes   Mr. Hall -  yes

Deputy Mayor Ciaramella – yes

 

Motion carried 5 – 0

 

Mr. Rilee made a motion to adopt Ordinance 3-06.  Mr. Smith seconded the motion.

 

Roll Call:

Mr. Rilee – yes Mr. Smith – yes

Mrs. DeFillippo – yes   Mr. Hall –yes

Deputy Mayor Ciaramella – yes

 

Motion carried 5 - 0

 

4-06     An ordinance amending Chapter XIII, Land Development Ordinance, of the Revised General Ordinances of the Township of Roxbury, pertaining to illegal signs and penalties for the violation of this chapter

 

Mr. Rilee made a motion to open Ordinance 4-06 to the public.  Mr. Smith seconded the motion.

 

Roll Call:

Mr. Rilee – yes Mr. Smith –yes

Mrs. DeFillippo – yes   Mr. Hall – yes

Deputy Mayor Ciaramella – yes

 

Motion carried 5 – 0

 

There was no public comment.

 

Mr. Rilee made a motion to close Ordinance 4-06 to the public.  Mr. Smith seconded the motion.

 

Roll Call:

Mr. Rilee  - yes            Mr. Smith –yes

Mrs. DeFillippo – yes   Mr. Hall – yes

Deputy Mayor Ciaramella – yes

 

Motion carried 5 – 0

 

Mr. Rilee made a motion to adopt Ordinance 4-06.  Mr. Smith seconded the motion.

 

Roll Call:

Mr. Rilee -  yes            Mr. Smith – yes

Mrs. DeFillippo – yes   Mr. Hall – yes

Deputy Mayor Ciaramella – yes

 

Motion carried 5 – 0

 

INTRODUCTION AND ADOPTION OF RESOLUTIONS        

06-51  A resolution incorporating by reference herein and approving the following numbered resolutions listed on the regular council meeting agenda for this date: 06-52, 06-53, 06-54, 05-55, 06-56, 06-58, 05-59, 06-60, 06-61, 06-62, 06-63, 06-64, 06-65

 

Mr. Smith made a motion to adopt Resolution 06-51.  Mr. Rilee seconded the motion.

 

Roll Call:

Mr. Smith – yes (recuse on check no. 38927)

Mr. Rilee - yes             Mrs. DeFillippo – yes

Mr. Hall – yes              Deputy Mayor Ciaramella – yes (recuse on check no. 38872)

 

Motion carried 5 – 0 with one recusal on check 38927 and one recusal on check 38872

           

06-52  A resolution amending Resolution No. 06-17 that authorized 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

 

06-53    A resolution of the Township Council of the Township of Roxbury Opposing S-457, amending the Time of Decision Rule

 

06-54    A resolution amending the membership of the Township Fire Department

 

06-55    A resolution authorizing the acceptance of various deeds, release of part of mortgaged property and subordinations of mortgage for the Kenbar Property, Block 8602, Lots 2, 3, 4, 5, 14 and 15 in the Township of Roxbury

 

06-56  A resolution authorizing the acceptance of a Conservation Easement and Subordination Agreement from Roxbury 2002 LLC, regarding Block 9501, Lot 9 in the Township of Roxbury (Gemini Property)

 

06-57  A resolution requesting permission for the dedication by rider for recreation purposes – Hold – Council would like more information.

 

06-58  A resolution authorizing the acceptance of various easements and a subordination of mortgage for Renaissance Plaza in the Township of Roxbury

 

06-59  A resolution of the Township of Roxbury, County of Morris, State of New Jersey, authorizing the execution of an agreement accepting the defense offered by Selective Insurance Company of America in the matter “New Jersey Department of Environmental Protection Agency and Administrator, New Jersey Spill Compensation Fund vs. Almo Anti-Pollution Services Corporation, et al and Atlantic Metal Corporation, et al vs. 20th Century Refuse Removal Company, et al

 

06-60  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 Kiddie Academy, Block 9201, Lot 3 located on Route 206

 

06-61  A resolution authorizing a sanitary sewer allocation to Mark Tucci for the property Block 2611, Lot 12.02 located on South Second Street, Kenvil

 

06-62  A resolution authorizing the release of a performance guarantee posted for right-of-way Excavation Permit No. OCT2302, Block 701, Lot 57, William LaRusso, 15 Constitution Avenue, Succasunna

 

06-63   A resolution authorizing the refund of taxes

 

06-64     A resolution authorizing the award of a Professional Engineering Consulting Services

Contract to Thomas Grau, P.E., of Hatch Mott MacDonald to perform a hydraulic model of the Township water system in accordance with the Water Master Plan Phase I Improvements

 

Mr. Bucco will prepare a contract.

 

06-65  A resolution authorizing payment of bills

 

PERSONNEL CHANGES

No Discussion

 

COMMUNICATIONS

February 10, 2006

#5 – Correspondence from Richard M. Fischer, Personalized Insurance Planning, re: Group Benefits – Mrs. DeCroce will set up an appointment.

 

#10 – Correspondence from Barbara Heskins Davis, Morris Land Conservancy, re: Request to renew contract for another year – Mr. Raths will contact Morris Land Conservancy to attempt to keep the contract at $10,000.00.  Council would like a press release to go out regarding the 310 acres that the Township has preserved.

 

#12 – Correspondence from the Lake Hopatcong Commission, re: Targeted Watershed Grant Status – Mr. Smith congratulated the Commission.

 

Mr. Hall stated that he spoke with  the Board of Education  and they have no interest in sharing equipment with the Township.

 

Mr. Bucco discussed Senate Bill S557 regarding recycling tax and stated it will have a significant impact on the Township.  He strongly suggests that the Township prepare a resolution opposing S557.  Mrs. DeCroce advised that we are working on it.

 

PUBLIC PORTION

Kay Doolie, 4 Willow Walk Drive, Ledgewood, stated that she will advise seniors that busing will not be discontinued.

 

Mr. Rilee made a motion that the Township keep the Dial-A-Ride service.  Mr. Smith seconded the motion.

 

Mr. Smith stated that no one ever supported getting rid of the Dial-A-Ride and that Council was looking to determine if there was a better way to transport our seniors and at the same time be able to save some money.  

 

Roll Call:

Mr. Rilee – yes Mr. Smith – yes

Mrs. DeFillippo – yes   Mr. Hall – yes

Deputy Mayor Ciaramella – yes

 

Motion carried 5 - 0

 

Robert Kluska, 274 Emmans Road, stated that he attempted to make seniors aware that the Dial-A-Ride bus would not be discontinued.

 

EXECUTIVE SESSION

06-66  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

 

There was no Executive Session.

 

ADJOURNMENT

At 9:10 PM Mr. Smith made a motion to adjourn the Regular Meeting.  Mr. Rilee seconded the motion.

 

All In Favor – yes

 

Submitted By:

 

 

 _________________________

BettyLou DeCroce

Township Clerk

 

MINUTES APPROVED BY COUNCIL

DATE:                                    February 14, 2006

ROLL CALL:             Mr. Rilee – yes Mr. Hall – yes

                                    Mr. Ciaramella – yes     Mr. Smith – yes

`                                   Mr. Zoschak – recuse   Mayor Schmidt - recuse