August 15, 2006
A Regular Meeting of
the Township Council of the Township of Roxbury was held on August 15, 2006 at
1715 Route 46, Ledgewood, New Jersey at 7:00 p.m.
Mayor Schmidt asked
for everyone to keep standing after the Pledge of Allegiance to listen to 7th
Grader Joey Soriano play The National Anthem on his trumpet.
OPEN
PUBLIC MEETING STATEMENT
Notice is hereby given that the Regular Meeting
of the Township Council of the Township of Roxbury previously scheduled for
7:30 PM will be held on Tuesday, August 15, 2006 at 7:00 PM, at 1715 Route 46,
Ledgewood, New Jersey. This meeting is
being held for the purpose of starting the regularly scheduled meeting 30
minutes early for Council to hold an Open Space and Farmland Preservation Trust
Fund Public Hearing
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
July 28, 2006; notice was posted on the bulletin board in the main hallway of
the Municipal Building on July 28, 2006.
ROLL
CALL: Councilwoman
Kathy DeFillippo, Councilmen Fred Hall, Jim Rilee, Tim Smith, John Ciaramella
and Mayor Martin Schmidt
ALSO
PRESENT: Christopher
Raths, Township Manager; Anthony Bucco, Township Attorney; BettyLou DeCroce,
Township Clerk and Mary Jane Parr, Administrative Aide
ABSENT: Councilman Richard
Zoschak due to Vacation
Mayor
Schmidt amended the agenda to item number 5 and 6 on the Agenda - the Swearing
in of Police Officers (#5) and Proclamation: Roxbury Township Police Explorers
(#6) with the approval of the Town Attorney to allow the Open Space and
Preservation Trust Fund to discuss their land acquisition at a later time during
the meeting.
SWEARING IN OF POLICE OFFICERS
1.
Ptl. Sean Hefferon
2.
Ptl. Matthew Holland
Ms.
DeCroce swore in Matthew Holland and Sean Hefferon as Police Officers for
Roxbury Township.
PROCLAMATION: ROXBURY TOWNSHIP POLICE EXPLORERS
Ms.
DeCroce showed a DVD presentation of the Roxbury Township Explorers Post 188
receiving awards in Arizona for their heroic efforts when arriving upon a
traffic accident in which eight people were ejected from their vehicles.
Mayor Schmidt read the
proclamation awarded to Patrolman Silvio Valdes and Lt. Joe Franklin and then
read the proclamations to each Explorer who participated in the rescue efforts
in Arizona along with Anthony Bucco, Jr., who was presenting the Senate
Citations on behalf of Senator Anthony Bucco to the following Explorers:
1. Fred Claus
2. Brian Duell
3. Andrew Franklin
4. Robert Guido
5. Nick Miller
6. Steven Nigito
7. Eric Prach
8. John Romeo
9. Edward Sanford
10. Robert Stoveken
11. Mike Zarro
NOTICE
OF PUBLIC HEARING—OPEN SPACE AND FARMLAND PRESERVATION TRUST FUND
In
accordance with the Rules and Regulations of the Morris County Open Space and
Farmland Preservation Trust Fund, the Governing Body of the Township of Roxbury
will conduct a Public Hearing on the application for county grant funding for
23.98 acres owned by SSC Holding Co., Inc., 260, 250 and 272 Emmans Road, Block
4102, Lot 2, Block 5503, Lot 1 and Block 5401, Lot 11 on Tuesday, August 15,
2006 at 7:00 PM at the Township Municipal Building, 1715 Route 46, Ledgewood,
New Jersey. (Resolution 06-284)
Councilman
Smith stated that Mr. Raths will be doing the general presentation and that
Andy Tybus, Vice Chairman of the Open Space Committee is present and that Mr.
Daly, Chairman of the Open Space Committee was traveling on a business trip,
and not able to attend.
Mr.
Raths stated that the Township of Roxbury is looking at a total of 23.9 acres
consisting of Block 4102, Lot 2 which is approximately 7 acres fronting Emmans
Road. Also Block 5503 which is 11.86
acres and approximately 5 acres known as Block 5401, Lot 11.
Mr.
Raths stated that these vacant lots would be the possible future link to
Veterans Park and recreational facilities.
Mr.
Raths stated that the Township has met with representatives of the Swim &
Sport Club (SSC) for the Grant Application.
Mr.
Raths went on to state that the Township will meet with the County Freeholders
in the later part of September and if awarded, the $500,000 would come after
that meeting.
Mr.
Smith stated there are four essential benefits of acquiring this property for
the Township and they are:
1.
It fits into our Open Space plan of the Emmans Greenway (the
preservation of the eastern side of Mooney Mountain).
2.
Preserving
certain wild life habitats, which we would like to preserve.
3.
The lots
along Emmans Road are buildable lots and houses could be built on these lots.
4.
Connecting
the Trails Plan and for Recreational purposes.
Councilman
Rilee stated he likes the application and is all for it.
Councilman
Hall stated that as a member of the Trails Committee and also as a liaison to
Recreation he is fully in favor of this application and that this acquisition
fills the void for the Recreational Master Plan.
Deputy
Mayor Ciaramella stated he is also in favor of this application and that we
should move forward with it.
Councilwoman
DeFillippo stated she is also in favor of this acquisition and we should move
forward with it and it is a benefit for the Township.
Mayor
Schmidt stated he is in favor for all of the above-mentioned reasons also, such
as preservation, recreation, buildable lots and the open space.
At
this point, Mayor Schmidt opened the meeting for Public comments.
Max
Elasser
31
Hudson Place
Weehawken
, NJ
Mr.
Elasser, a Stockholder for the SSC and a member since 1937 questioned Council
about the boundary lines of the property and when the proposal began for the
acquisition of the SSC property.
Mr.
Raths pointed to the map and showed Mr. Elasser exactly the lots that the
Township would be acquiring in the acquisition.
Councilman
Smith stated that this property was talked about a year ago, and that since
another opportunity for an acquisition had fallen through they then began
pursuing the Swim & Sport Club Property.
The Township has been in negotiations with Mr. Grossmueller from the SSC
.
Mr.
Elasser stated that he talked to two of the Board Members of the Holding
Company for the SSC and they had no idea this acquisition was taking
place. Mr. Elasser stated that they
were very surprised on how the whole approach came about.
Councilman
Smith stated that he had no knowledge of the communications between the SSC
members.
Robert
Kluska
Emmans
Road
Mr.
Kluska stated he thought it was a great idea, but questioned Council about the
entrance to the SSC. Mr. Raths stated a
right of way would be negotiated in the future as well as maintenance and
insurance issues.
Councilman
Smith stated that there are many issues that need to be resolved and that the
purpose of tonight’s hearing is about the Grant Application being made to the
County.
Councilman
Rilee stated there would be a final vote and an ordinance would have to be
adopted before the acquisition could take place.
Gina
Lam
1329
Sussex Turnpike
Swim
& Sport Club
Member & Stockholder
Ms.
Lam stated that she has been a member of the SSC for 11 years and is concerned
about the Township purchasing parcels of the club.
Ms.
Lam asked Mr. Raths to point to the map and show her exactly where the proposed
acquisition is going and asked if it that it does includes the pool. Mr. Raths advised that the seven (7) acres includes the driveway
over the R.R. tracks. Mr. Raths assured
Ms. Lam that the 11 acres would be preserved for Open Space.
Mr.
Raths stated that the acquisition does not include or impact the bungalows,
tennis courts, clubhouse, or any of the buildings on the property.
Ms.
Lam stated that she wants to know with whom the Township was negotiating with
directly in the acquisition process.
Ms.
Lam questioned Council as to the attorney who was working on the prior
acquisition, which fell through. Mr.
Smith stated that it was not relevant as to the purpose of the meeting today.
Mr.
Rilee stated that there seems to be a communication issue within the SSC.
Mr.
Grossmueller is one name Ms. Lam stated she has heard of as being part of the
negotiations and wants to know who exactly the Township is dealing with from
the SSC.
Mr.
Bucco stated that we made contact with someone from the SSC who we believed to
have the authority to be involved in the negotiations.
Councilman
Smith stated he has been talking to Mr. Obie Obetz from the SSC.
Martin
Baker
Vice
President
Sport
& Swim Club Holding Company
Mr.
Baker stated he wanted to clarify that there was permission given to Mr. Obetz
and Mr. Grossmueller to speak on behalf of the SSC Holding Company with the
Township of Roxbury. Everything was done with the Board’s approval and went
through the proper channels.
Bill
Wilkins
199
Mooney Road
Flanders
Mr.
Wilkins stated that properties are coming off the tax rolls as we acquire more
Open Space and he hopes Council is looking for properties to offset some of the
taxes. Mr. Wilkins just lost a neighbor who lived across the street for 41
years and he had to leave the Township because he could not afford the taxes in
Roxbury. Mr. Wilkins wants the Township
to get more ratables to replace the taxes that we are losing, not just Open
Space.
Mayor
Schmidt stated our Economic Development Commission is very active in pursuing such
ratables.
Allan
Feid
117
Forrest Avenue
East
Hanover
Mr.
Feid stated that he owns a bungalow on Emmans Road in the SSC. Mr. Feid stated that he has never heard of
Mr. Obetz and Mr. Grossmueller who are representing the SSC Holding Company in
the land acquisition with Roxbury Township until this last week. Mr. Feid also stated that $500,000 doesn’t
seem like a fair price for that piece of property.
Captain
David Kennedy
Roxbury
Police Department
Captain
Kennedy wanted to publicly thank the Council for their support for the two
fundraisers the Police Department has held for their fellow Officer’s spouse
who was stricken with cancer.
Deputy
Mayor Ciaramella stated that he was sorry that the Council could not attend the
fundraiser.
Joyce
Dargel
67
Carey Road
Ms.
Dargel stated she lives about a mile down the road from the SSC and she knows a
few people who are members of this club. Ms. Dargel thinks there is a
misunderstanding about the Township’s actions for the purchase of this property
for Open Space. Ms. Dargel is in favor
for this land to be preserved as Open Space rather than for the area to be sold
and built on. The SSC would not have to
pay any taxes on this property. Ms. Dargel believes that this purchase would be
a benefit to the SSC. Ms. Dargel stated she believes the land acquisition would
be beneficial to both parties.
Councilman
Smith stated that the land will be left in its natural state and preserved as
is. The purpose of this hearing is
because the Township is applying for a grant and to give the Public a chance to
comment on it. We are asking the
Council to approve the application to obtain grant money tonight as is required
by the law. This process will take
months to obtain. Mr. Smith stated the
our sole objective here tonight is to hold the Public Hearing and to listen to
input from the Public, then we can move forward with the process.
Ruth
Elasser
31
Hudson Place
Weehawken,
NJ
Ms.
Elasser stated she is concerned about the acquisition and would like to be put
on a mailing list to get informed when meetings would be held.
Ms.
DeCroce stated she would be able to inform her and asked Ms. Elasser to write
down her name and address for her records.
Ken
Jacobsen
232
Emmans Road
Mr.
Jacobsen stated that his property abuts the SSC property and his main concern
is the ball fields and if the property the Town is acquiring would expand
beyond the ball fields.
Mr.
Bucco stated that it is not planned for right now, but it could be possible in
the future.
Irene
Keller
135
Schoolhouse Road
Jefferson
Ms.
Keller stated she has been a member of the SSC since childhood. Ms. Keller asked what kind of guarantee do the residents of Emmans Road
and the SSC stock holders have that at some time down the road the Township
does not change their mind about Open Space.
Mr.
Bucco stated that by law if you purchase land with an Open Space Grant it has
to used for that purpose. Mr. Bucco also stated that part of this land is in
the Highlands Preservation area and it would be very difficult to use this property
other than for the intended use.
Ms.
Keller stated that the key word is difficult, but not impossible.
Mr.
Rilee stated that if they ever even wanted to use this property other than for
the intended purposes they would have to buy twice as much property to trade it
off and Morris County does not allow a trade off.
Mr.
Bucco stated it would be very difficult for that to happen.
Ms.
Keller questioned if there is any guarantee that the property will be
maintained in as good of condition as it has been by the volunteers that are
currently taking care of the grounds.
Mr.
Raths stated that we take extreme pride and dedication taking care of our
fields and have an excellent reputation for our recreational fields.
Ms.
Keller questioned if the SSC would have any input into how the fields will be
maintained.
Mr.
Raths stated that could be negotiated.
Gina
Lam
1329
Sussex Turnpike
Sport
& Swim Club
Member & Stockholder
Ms.
Lam stated for the record that they have not had a Stockholders meeting, but
from what she has heard tonight it seems like a win, win situation.
Ms.
Lam stated that the field acquisition is intrusive and that the club mainly
revolves around the ball fields. The ball fields are located in the heart of
the club and it is used as a walk through to other areas of the club. The SSC has been around since 1929 and it is
very family oriented and many generations belong to the club.
Councilman
Hall stated that Roxbury Township has many athletic fields, which we share with
the Board of Education, and we maintain all of them and have no trouble in
maintaining fields.
Ms.
DeFillippo stated that the $500,000 is just a percentage of the Grant
Application and not the actual purchase price for the property.
06-284 A resolution authorizing the filing of a
grant application with the Morris County Open Space and Farmland Preservation
Trust Fund for acquisition of property
owned by SSC Holding Co., Inc. located at 250, 260 and 272 Emmans Road Block
5503, Lot 1, Block 4102, Lot 2 and Block 5401, Lot 11 (commonly known as the
Swim & Sports Club)
Councilman
Rilee made a motion to adopt Resolution 06-284. Deputy Mayor Ciaramella seconded the motion.
ROLL
CALL: Mr. Rilee – Yes Mr. Ciaramella – yes
Ms. DeFillippo – Yes Mr. Hall – Yes
Mr. Smith –
Yes Mayor Schmidt –
Yes
Motion
Carried 6 - 0
SWEARING IN OF POLICE OFFICERS
– Previously Sworn In
·
Ptl. Sean Hefferon
·
Ptl. Matthew Holland
PROCLAMATION: ROXBURY TOWNSHIP POLICE EXPLORERS –
Previously Discussed
At
8:15 pm Council took a break
At
8:30 pm Council resumed the Regular Meeting & Mayor Schmidt amended the
Agenda to Item #7.
REPORTS
OF COUNCIL LIAISON REPRESENTATIVES, COUNCIL COMMITTEES AND NEW BUSINESS/OLD
BUSINESS
New
Business – Discussed at a Later Time on the Agenda
Old
Business
A. Procurement
Policy
B. Appointments
i.
Rockaway River Watershed Cabinet—2 Members,
1-year term.
ii.
Economic Development Committee—1 Member, 3-year
term.
iii.
Raritan Highlands Compact—2 Members
iv.
Sussex County 208 Water Quality PAC
v.
Planning Board Alternate No., 2, unexpired term
of Michael Hawley, 1/1/06 – 12/31/07.
vi.
Citizens Cable Committee, unexpired term of
Michael Hawley, 3/8/05 – 12/31/07 – Mayor Schmidt stated that this Committee is
now on hold. Councilman Hall recommended that we do not dissolve this Committee
until December 31, 2006. Councilman
Hall recommended that we do not dissolve this Committee as of yet and that we
should wait until the end of the year, even if we are not going to have any
meetings.
vii.
Main Street Streetscaping Committee, unexpired
term of David Lehmkuhl.
Councilman Rilee stated that he has a recommendation from
the Methodist Church to appoint Stephanie Monahan to fill in the vacancy on the
Main Street Streetscaping Committee.
Councilman
Rilee made a motion to appoint Stephanie Monahan to the Main Street
Streetscaping Committee. Councilman
Hall seconded the motion.
ROLL
CALL: Mr. Rilee – Yes Mr. Hall – Yes
Mr. Smith – Yes Mr. Ciaramella – Yes
Ms. DeFillippo
– Yes Mayor Schmidt – Yes
Motion
Carried 6 - 0
PUBLIC PORTION
Dennis
Wine
4
Holly Drive
Succasunna
Mr.
Wine questioned Council over the pension charge, which has been in the
Newspapers lately and inquired if the Township has any control over it or if we
just receive a bill from the State, which has to be paid.
Councilman
Hall stated that our fee for this year is $350,000 and we do not have any
control over this and that it goes up each year by a certain percentage.
Councilman
Rilee stated that these fees force us to cut things from our recreation
programs along with other programs we offer our Residents.
Mr.
Raths stated he wants to acknowledge Lisa Palmieri keeping the budget within
$30,000 of her five-year anticipated projection. Our employees are part of the State pension system stated Mr.
Raths.
Ms.
DeCroce stated that Municipal employees are considered Government Employees.
Councilman
Hall stated that the State is presenting a cap of 4% and they are filling this
cap up with fees for pensions, which we as a municipality have no control over.
Mr.
Bucco stated that the State will have to consider an exemption at some point.
Councilman
Smith stated that the State is issuing a 4% cap while in fact they have a 10%
increase in spending.
Councilman
Ciaramella asked Mr. Raths about the pension requirement. He thought the amount is $240,000 and they are
now stating that Roxbury Township is responsible for $350,000.
Mr.
Raths stated that the amount comes from the State.
MATTERS
REQUESTED/REFERRED BY COUNCIL MEMBERS, MANAGER, ATTORNEY OR CLERK
Councilman Rilee stated that these items should be numbered
instead of having bullets and that he took the liberty of numbering them in
order 1 – 10 and adding number 11 which was handed out tonight for a Social
Affair for the Swim & Sport Club.
- Application for
Raffles License No. RA: 1301 by Roxbury High School Band Parents
Association.
- Application for
Raffles License No. RA: 1302 by Roxbury High School Band Parents
Association.
- Application for
Raffles License No. RA: 1303 by Roxbury Volunteer Fireman’s Association,
Inc.
- Application for
Raffles License No. RA: 1304 by Roxbury Women’s Club.
- Application for
Bingo License No. RA: 1305 by Roxbury Women’s Club.
- Application for
Raffles License No. RA: 1306 by Two Kids Foundation.
- Application for
Special Permit for Social Affair by Roxbury Volunteer Fireman’s Association,
Inc.
- Memo from Roxbury
Volunteer Fireman’s Association, Inc. requesting a closing Main Street on
September 23, 2006 for wetdown.
- Request for Block
Party from Ronald R. Ketch, Jr.
- Route 10, Section
1, Parcel 18
11.Swim
& Sports Club – Social Affairs Permit – Added On at Council Meeting
Councilman
Rilee made a motion to move numbers 1, 2, 3, 4, 5, 6, 7, 8, 9 and 11 on the
Agenda. Councilman Smith seconded the
motion.
ROLL
CALL: Mr. Rilee – Yes Mr. Smith – Yes
Mr. Ciaramella –
Yes Ms. DeFillippo – Yes w/recusal on #’s 4&5
Mr. Hall –
Yes Mayor
Schmidt – Yes
Motion
Carried 6 – 0 with recusals on Item Numbers 4 and 5
10.
Route 10,
Section 1, Parcel 18
Mayor Schmidt amended the Agenda to discuss item #10 on the
Agenda – Councilman Rilee stated he does not see the benefit in purchasing this
property because it is such a small piece – approximately 20’ X 40’ in size
referred to as Section 1, Parcel 18.
Councilwoman
DeFillippo questioned if this property is land locked. Council answered yes.
Council
asked Mr. Raths to prepare a letter, which states that, the Township of Roxbury
is not interested purchasing said property.
Mr. Raths agreed that he would send out the letter.
Councilman
Rilee questioned Mr. Raths if he sent out the letter to Congressman
Frelinghuysen regarding the rail yards and Route 10. Mr. Raths stated yes he did.
MATTERS
REQUESTED/REFERRED BY COUNCIL MEMBERS, MANAGER, ATTORNEY OR CLERK
Councilman
Rilee questioned Mr. Raths if he has received the Cross Acceptance Map. Mr. Raths stated he just got the map on
Monday. Mr. Rilee stated he just wants
to point out the importance of the map and that we have a very thorough review from our Town Planner
– Russell Stern. Mr. Raths stated the
map is just one parcel which they are recommending be changed. Mr. Rilee wants to make sure that no other
changes have been made other than the highlighted portion and also questioned
if there would be any zoning changes.
Mr. Rilee stressed again the importance of the Cross Acceptance Maps and
how critical they are. Mr. Raths stated
he would like a copy sent out to all the Council Members.
Councilman
Rilee stated that Councilman Hall and Mr. Raths along with himself met with the
MCMUA and the Parks Commission a few weeks ago in regards to the bike path
behind Horseshoe Lake. Councilman Hall
stated there were communication issues in regards to plans that were presented
in the past and previous work done in 1998 and the piece that Roxbury Township
is interested in is the missing link which connects to Chester & Randolph
and this is a County issue, not just Roxbury.
Mr. Hall stated that they stressed it would be a benefit to multiple
Communities in the area, not only Roxbury Township. Mr. Hall stated that they found out that there are additional
requirements, which Roxbury must do in a powerpoint presentation sometime in
October and Roxbury will be moving forward with this.
Councilman
Hall stated a letter would be put together with a list of documentation and
verbal commitments that were made at the meeting. Mr. Raths stated he would put the information he has together and
send out in a letter.
Councilman
Ciaramella stated that the D.P.W. has a meeting scheduled for Monday, August
21, 2006 and on Thursday, August 24, 2006 there is an Economic Development
Committee Meeting.
Councilman Hall stated he wants a Stacking Ordinance put on
the next Agenda. Mr. Raths stated he would work on getting that on for the next
meeting. Mr. Hall also stated that there is going to be a B.O.E. Shared
Services Meeting on Monday, August 21, 2006.
Councilwoman
DeFillippo stated there will be an Economic Development Committee Meeting on
Thursday, August 24, 2006 and that the Main Street Streetscaping Committee met
on August 9, 2006 and toured Madison and Morristown to view lights and
clocks. Ms. DeFillippo also stated that
she would be participating in a Phone Conference scheduled for this Thursday,
August 17, 2006 on Streetscaping and Grant possibilities.
Councilwoman
DeFillippo stated that the Water/Sewer Committee meets on Friday, September 15,
2006. The next Ward Meeting is going to take place at Town Hall at 7:00 p.m.
tomorrow night here in Council Chambers.
Ms. DeFillippo stated that besides all the notices in the schools, notices also went out to all the day care
centers and the Daily Record.
Ms.
DeFillippo stated she saw Roxbury listed in the Police Blotter this week and
was wondering if the Police changed their views on posting in the blotter. Mr. Raths stated he would talk to the Chief
and see if they have changed their policy in regard to the Police Blotter.
Ms.
DeFillippo questioned Mr. Raths if we ever put a sign up on Dell Avenue in
regards to no compression brakes. Mr.
Raths stated that we have not put up a sign regarding the compression brakes
because it is not enforceable. Council
stated they do want the signs up even if it is not enforceable.
Ms.
DeFillippo questioned Mr. Raths on the Property Maintenance Code Issue. Mr. Raths stated it has to be on an Agenda
and certain departments have to be made aware and have input. Mr. Bucco stated he has talked to Russ Stern
about it and sent him a number of Ordinances on this topic. Mr. Raths stated if you are serious about a
full Property Maintenance Code, we couldn’t do it with the existing staff.
Councilman
Rilee feels we should have a Property Maintenance Code and the wording can be
made carefully. Mr. Raths stated we would have to hire additional
employees. Mayor Schmidt stated we
don’t have enough employees now to handle the current operations and this is
his main concern. Mr. Rilee stated it
is a good idea to have an Ordinance so when we have problem properties
(eyesores) it can be addressed and resolved.
Ms.
DeFillippo stated that at the last Economic Development Committee Meeting they
suggested they would like to see some sort of Code or Ordinance in regards to
property maintenance. Councilman
Ciaramella echoed what Councilwoman DeFillippo stated the E.D.C. would like it
to happen.
Mr.
Raths stated he has asked Tom Potere to put together a photo history of Route
46 and show Council the major improvements, which have been made to the Route
46 corridor.
Councilwoman
DeFillippo was looking for information regarding Brownfileds and what qualifies
a property as a Brownfield. Mr. Raths
stated Brownfields is a federal classification but we do have a list of areas
of environmental concerns.
Councilwoman
DeFillippo questioned Mr. Raths regarding Well #12, if we went beyond the
$7,000.00 estimate. Mr. Raths stated he
would have to check and will advise Council.
Mayor
Schmidt stated he took a boat ride yesterday on Lake Hopatcong with Senator
Bucco and Commissioner Lisa Jackson of the D.E.P. and it was very informative.
Mayor
Schmidt questioned Mr. Blood, Assistant Director of Public Works if he has
started working on the 9/11 Memorial.
Mr. Blood stated that his staff began working on it yesterday.
Mayor
Schmidt stated that the 9/11 Memorial Service will be held on Sunday, September
10, 2006 at 5:30p.m. at Horseshoe Lake by the War Memorial and that the
Township Clerk, BettyLou DeCroce will be sending a flyer to every household and
we are looking for donations if anyone would like to donate.
Councilman Rilee questioned how are we paying for the
mailings. Mayor Schmidt stated that Ms.
DeCroce stated the money is coming out of the Image Account for the mailings of
information, which will go out to every household in the Township.
Councilwoman DeFillippo stated that she had volunteered
Councilman Smith and herself to do a press release and they both went away on
vacation and want to make sure someone has followed up on it. Mayor Schmidt stated that everything is
being coordinated through the Clerk’s Office.
Councilman Ciaramella stated that the 9/11 plaque for the
memorial has been ordered and will be installed on September 7, 2006 when it is
expected to be delivered.
Councilman
Ciaramella stated the Economic Development Committee planned on showing support
for a Property Maintenance Ordinance.
Mr. Ciaramella stated that there were property violations in court last
week and his understanding was that it was adjourned. Mr. Raths stated he sent an e-mail out to Council members
yesterday on this issue with the new date.
Mr. Raths stated it was adjourned per the Prosecutor’s request so he
could get additional information for a stronger case.
APPROVAL OF MINUTES
May
16, 2006 Special Neighborhood Meeting
May
23, 2006 Workshop
June
13, 2006 Executive Session - HOLD
June
27, 2006 Workshop - HOLD
June
27, 2006 Executive Session - HOLD
July
11, 2006 Executive Session - HOLD
July
25, 2006 Executive Session
Councilman Rilee made a motion to approve the Minutes of May
16, 2006 – Special Neighborhood Meeting and July 25, 2006 – Executive Session
Meeting. Councilman Smith seconded the
motion.
ROLL
CALL: Mr. Rilee – Yes Mr. Smith – Yes
Mr. Ciaramella – Yes Ms. DeFillippo – Yes
Mr. Hall –
Yes Mayor
Schmidt – Yes
Motion
Carried 6 – 0
Councilman Rilee moved May 23, 2006 Minutes for discussion
and approval. Councilman Smith seconded
the motion.
ROLL
CALL: Mr. Rilee – Yes Mr. Smith – Yes
Mr. Ciaramella – Yes Ms. DeFillippo – Yes
Mr. Hall – Yes
w/changes Mayor Schmidt – Yes
Motion
Carried 6 – 0
DRAFT ORDINANCES FOR DISCUSSION
An
ordinance amending and supplementing Chapter IV, General Licensing, by the
addition of a new Section 4-23 entitled “Authority to Approve the Granting of
Raffle and Bingo Licenses” of the Revised General Ordinances of the Township of
Roxbury.
Discussion pursued on the legalities of
this Ordinance. Councilman Rilee stated
he is in favor of this Ordinance and would like to see that the governing body
can also grant the application. Ms. DeCroce stated that in the event there is
an issue that we have a problem with, she would put it on the Agenda for
Council to discuss. Ms. DeCroce stated
that any license that she does sign off on, she would provide a copy to Council
in their Communication Package. Ms.
DeFillippo is concerned about the Council’s knowledge of a license being
denied. Ms. DeCroce assured Council
that they could always change the Ordinance if they need to. Councilman Hall stated he has never
questioned Ms. DeCroce’s authority and he encourages this type of ordinance. Ms. DeCroce stated that they have never
received an application back because of it being improper. Ms. DeCroce stated that she has been doing
this since 1988 at which time she was appointed Licensing Officer by Council.
Councilman Hall stated this would make
passage of raffles and bingo’s more efficient and he is all for this.
INTRODUCTION OF PROPOSED ORDINANCES
None
HEARING AND ADOPTION OF
ORDINANCES ON SECOND READING
18-06 An ordinance authorizing the transfer of
a portion of Lot 2 in Block 2001 to the adjoining property owners, Eli and
Sandra Gaynor.
Councilman Rilee made
a motion to open Ordinance 18-06 to the Public. Councilman Smith seconded the motion.
ROLL CALL: Mr. Rilee – Yes Mr. Smith – Yes
Mr. Ciaramella – Yes Ms. DeFillippo – Yes
Mr. Hall –
Yes Mayor
Schmidt – Yes
Motion
Carried 6 – 0
No Public Comments
Councilman Hall made a
motion to close Ordinance 18-06 to the Public.
Councilman Smith seconded the motion.
ROLL
CALL: Mr. Hall – Yes Mr. Smith – Yes
Mr. Ciaramella – Yes Ms. DeFillippo – Yes
Mr. Rilee –
Yes Mayor Schmidt
– Yes
Motion
Carried 6 – 0
Councilman Hall made a
motion to adopt Ordinance 18-06.
Councilman Ciaramella seconded the motion.
ROLL
CALL: Mr. Hall – Yes Mr. Ciaramella – Yes
Ms. DeFillippo – Yes Mr. Rilee – Yes
Mr. Smith –
Yes Mayor Schmidt –
Yes
Motion
Carried 6 – 0
19-06 An ordinance authorizing
the sale of certain properties owned by the Township of Roxbury, Morris County,
New Jersey, not required for public purposes pursuant to NJSA 40A:12-13, et
seq. (Sweney Lakefront Property)
Councilman Smith made
a motion to open Ordinance 19-06 to the Public. Councilman Ciaramella seconded the motion.
ROLL
CALL: Mr. Smith – Yes Mr. Ciaramella – Yes
Ms. DeFillippo – Yes Mr. Hall – Yes
Mr. Rilee –
Yes Mayor Schmidt
– Yes
Motion
Carried 6 – 0
No Public Comments
Councilman Hall made a
motion to close Ordinance 19-06 to the Public.
Councilman Smith seconded the motion.
ROLL
CALL: Mr. Hall – Yes Mr. Smith – Yes
Mr. Ciaramella –
Yes Ms. DeFillippo – Yes
Mr. Rilee –
Yes Mayor Schmidt –
Yes
Motion
Carried 6 – 0
Councilman Hall made a
motion to adopt Ordinance 19-06. Councilman
Smith seconded the motion.
ROLL
CALL: Mr. Hall – Yes Mr. Smith – Yes
Mr. Ciaramella – Yes Ms. DeFillippo – Yes
Mr. Rilee –
Yes Mayor Schmidt – Yes
Motion
Carried 6 – 0
20-06 An ordinance to amend and supplement
Chapter 13, Land Development Ordinance, by the establishment of the position of
municipal housing liaison for the purpose of administering the Township of
Roxbury’s Affordable Housing Program pursuant to the Fair Housing Act.
Councilman Smith made
a motion to open Ordinance 20-06 to the Public. Councilwoman DeFillippo seconded the motion.
ROLL
CALL: Mr. Smith – Yes Ms. DeFillippo – Yes
Mr. Ciaramella – Yes Mr. Hall – Yes
Mr. Rilee –
Yes Mayor Schmidt
– Yes
Motion
Carried 6 – 0
No Public Comments
Councilman Hall made a
motion to close Ordinance 20-06 to the Public.
Councilman Smith seconded the motion.
ROLL
CALL: Mr. Hall – Yes Mr. Smith – Yes
Mr. Ciaramella – Yes Ms. DeFillippo – Yes
Mr. Rilee – Yes Mayor Schmidt – Yes
Motion
Carried 6 – 0
Councilman Hall made a
motion to adopt Ordinance 20-06.
Councilman Ciaramella seconded the motion.
ROLL
CALL: Mr. Hall – Yes Mr. Ciaramella – Yes
Ms. DeFillippo – Yes Mr. Rilee – Yes
Mr. Smith –
Yes Mayor Schmidt –
Yes
Motion
Carried 6 – 0
DRAFT RESOLUTION FOR DISCUSSION
None
INTRODUCTION AND ADOPTION OF
RESOLUTIONS
06-283
A resolution incorporating by reference herein and approving the
following numbered resolutions listed on the workshop council meeting agenda
for this date: 06-285, 06-286, 06-287,
06-290, 06-291, 06-292, 06-293, 06-294, 06-295, 06-296, 06-297, 06-298
Councilman
Rilee made a motion to adopt Resolution 06-283. Councilman Smith seconded the motion.
ROLL
CALL: Mr. Rilee – Yes Mr. Smith – Yes,
Mr.
Ciaramella – Yes – with recuse on checks 40952 & 40955
Ms. DeFillippo – Yes Mr. Hall – Yes – recuse on
0680943
Mayor Schmidt – Yes
Motion Carried 6 – 0
06-285
A resolution authorizing the execution of the Historic Preservation
Trust Fund Grant Agreement with the County of Morris for the Morris Canal Plane
2 East, Block 8501, Lot 5.
06-286 Renewal
Agreement for membership in the Morris County Cooperative Pricing Council
(MCCPC).
06-287
A resolution
authorizing refund of unused escrow monies previously deposited with the
Township of Roxbury for development matters pursuant to Chapter XIII (Land Use)
of the Revised General Ordinances of the Township of Roxbury.
06-288
A
resolution authorizing the acceptance of
gifts. - HOLD
Councilman
Rilee made a motion to adopt Resolution 06-288. Councilman Ciaramella seconded the motion.
Mr.
Raths stated that this van is replacing an existing van and the mileage on the
newer van is 22,430 miles.
Councilwoman
DeFillippo questioned who exactly would be driving the vehicle and if any
Explorers would be driving the vehicles.
Mr. Raths stated that only Township Employees are allowed to drive the
van for insurance purposes and that the Explorers cannot drive the van. Ms.
DeFillippo questioned if the Explorers know this rule. Mr. Raths stated he does not think that they
do and that it is a good question that has been raised. Mr. Raths stated he would call Captain
Kennedy to confirm if they know the Explorers cannot drive the van and if they
still want it knowing this regulation.
Ms.
DeCroce stated that she can e-mail the Joint Insurance Fund tomorrow and find
out the policy if an Explorer drives the van if they consider that an insured
Employee with the Township. Ms. DeCroce
stated she would find out and get back to Council with an answer.
Councilwoman
DeFillippo questioned who donated this van to the Explorers. Mr. Raths stated that the Explorers
themselves purchased the van and retired Lt. Joe Franklin is covering the
insurance on the van and it needs to be changed over to the Township.
After discussion,
Councilman Rilee withdrew his motion. Resolution 06-288 will be placed on the
next Agenda for adoption.
06-289
A resolution authorizing the acceptance of a Maintenance Bond and
subsequent release of a Cash Bond posted by Ledgewood Shopping Center for a
Tree Bond for Site Plan located on Route 46, Block 6502, Lots 1 & 2.
Councilman
Rilee made a motion to adopt Resolution 06-289. Councilman Smith seconded the motion.
ROLL
CALL: Mr. Rilee – Yes Mr. Smith – Yes,
Mr. Ciaramella – Yes Ms. DeFillippo – Yes
Mr. Hall – Yes Mayor Schmidt – Yes
Motion
Carried 6 – 0
06-290
A resolution amending the membership of
the Township Fire Department.
06-291 A resolution authorizing the refund of
taxes.
06-292 A resolution authorizing the refund of a
sewer utility overpayment.
06-293
A resolution authorizing the award of a contract to Almetek Industries,
Inc. for the purchase of storm drain markers.
Councilman Rilee wants to make it known that he does not want color
and is not willing to pay any extra amount for color. NO COLOR!
06-294
A resolution authorizing the award of a contract to American Bus and
Coach LLC for the purchase of a Dial-A-Ride Shuttle Bus.
06-295 A resolution approving Change Order #2
(Final) to the contract with U-Con Contracting Corporation for the Port Morris
Drainage Improvements, Main Street and Canal Street Project, Port Morris,
Landing.
06-296 A
resolution authorizing the acceptance of the Maintenance Bond and approving the
release of the Performance Guarantee and final payment to U-Con Contracting
Corporation, Sparta, N.J. for the Port Morris Drainage Improvements, Main
Street and Canal Street Project, Port Morris, Landing.
06-297
A resolution authorizing a sanitary sewer allocation to Emanse Estates,
LLC for the property located at 1278 US Highway 46, Ledgewood Block 7502 Lots 6
And 7.
06-298 A resolution authorizing payment of bills.
PERSONNEL CHANGES
Memo
from Judy Riley dated August 10, 2006.
Mr.
Raths stated that he had a change where it states that an employee is out on
temporary disability and that it should be removed.
Communications
July 28, 2006
#6 – Township
of Roxbury Monthly Revenue Summary For The Period January 1, 2006 – June 30,
2006 – Mr. Rilee questioned why the motel/hotel tax revenue was so deficient
compared to previous years. Council
answered that we have not received all the money owed.
#9 – Mayors
Fax Advisory from William G. Dressel, Jr., Executive Director of NJLM RE:
Legislative Re-cap. Councilman Rilee
questioned if this deals with the prompt payment of construction contracts –
Mr. Bucco will prepare a letter and inform Ms. Vanderhoof, purchasing
coordinator.
#11 – Correspondence
from James L. Badgley, Acting Director, Division of Intermodal Services, NJDOT
to Mayor Schmidt RE: Invitation to Attend a Public Meeting Outlining the
Projects Proposed For Inclusion in the NJ Rail Plan Update for FY2007 – Mr.
Smith questioned the $237,000 for the Kenvil Rail Yard. Mr. Raths stated that the $237,000 is just a
wish list amount and that there actually is no funding for the Berkshire Valley
area. Mr. Raths also stated that Mike
Kobylarz did attend this meeting.
Councilwoman
DeFillippo questioned Mr. Raths regarding the west side railroad tracks of
Berkshire Valley. Mr. Raths stated that
Mr. Kobylarz, Director of Engineering and Public Works attended this meeting
and there is no funding.
#13 – Correspondence
from Mr. Kate, PE, President of NJ Society of Municipal Engineers, Inc. to
Mayor Schmidt RE: Invitation to Roxbury Township to Participate in the 2006
Municipal Engineering Project of the Year Awards Program to be Held on November
15, 2006 in Atlantic City. Councilwoman
DeFillippo questioned Mr. Raths if we are participating in this awards program
– Mr. Raths stated this is a good idea and that the Mayor received this and he
will forward a copy of this correspondence to Mr. Kobylarz.
#14 – Correspondence
from Mr. Nusbaum, Esq. to Mr. Bucco, Esq. RE: Merry Heart Health Care Campus
Assisted Living Facility. Councilwoman
DeFillippo questioned if this was a new letter because she thought that we
already addressed this issue – Mr. Bucco stated that this is a new letter and
that we did provide COAH with Mr. Nusbaum’s position. If COAH grants us credits, then it would fall under the
Ordinance. Mr. Bucco stated that is
very unlikely.
#20 – Interoffice
Memo from BettyLou DeCroce, Township Clerk to Dave Stierli, Recreation Director
RE: Bike & Pedestrian User Guide – Councilman Hall questioned if anyone
checked the map to make sure it is correct.
Mr. Raths stated that Dave Stierli, Recreation Director and Mike
Kobylarz, Director of Engineering and Public Works are both checking the map.
August 4, 2006
#2 – Correspondence
from Margaret Nordstrom, Director of Morris County Board of Chosen Freeholders
to Mayor Martin Schmidt RE: Deer Carcass Removal. Councilman Rilee stated we should acknowledge this correspondence
with a letter. Mr. Raths stated he
would write a letter of acknowledgement.
#16 – Interoffice
memo from Christopher Raths to Mayor & Council RE: Makin Lane. Councilwoman DeFillippo questioned about the
speed bumps – Mayor Schmidt stated that the speed bumps have been there for
quite some time.
#24 - Correspondence
from Eric Fastnacht of FASTCOM Consulting Services to Mr. Raths RE: Verizon Wireless. Councilwoman DeFillippo questioned if we are
doing a bid with Verizon Wireless – Mr. Raths stated that Verizon has
approached us to co-locate on Mooney Mountain Road and that it must go out to
bid.
#25 – Correspondence
from Anthony Bucco to Mr. Rappaport of Lakeside Village Associates RE: Lakeside
Village Apartments – Block 6201, Lot 4.
Councilman Hall questioned Mr. Bucco on this correspondence – Mr. Bucco
stated that Lakeside Village wrote a letter requesting to be reimbursed for
municipal services under the Condominium Act and Mr. Bucco responded that based
on the Township’s information they are not entitled to any type of
reimbursement.
#26 – Interoffice
memo from BettyLou DeCroce, Township Clerk to Mayor & Council RE: JIF/MEL –
PERMA. Councilman Rilee questioned Ms.
DeCroce if there was any type of conflict of interest with them purchasing
Commerce Bank – Ms. DeCroce stated that any kind of conflict of interest will
be addressed and brought before Council after she meets with the Joint Insurance
Fund Contract Committee in which she chairs.
#30 – Correspondence
from Patricia Simari, Certified Tax Collector, Utility Collector, Board of
Health Secretary for the Borough of Mt. Arlington to Mr. Raths RE: Proposal for
local public health services. Councilman Smith questioned if we are going to take advantage of
this. Mr. Raths stated yes we are and
that he reached out to Mt. Arlington because Roxbury Township was not on their
list. Mr. Raths stated that Mr. Grisi,
our Health Officer would be contacting Mt. Arlington.
#36 – Interoffice
memo from BettyLou DeCroce, Township Clerk to Mayor & Council, Mr. Raths
and Ms. Palmieri, Chief Financial Officer RE: HIF/2006 Dividend payment of
$114,000. Councilman Smith stated the
Mayor should write Ms. DeCroce a thank you letter for her accomplishments and
work on the JIF and NJHIF.
August 11, 2006
#2 – Correspondence
from Lisa McKeon, Bureau of Water Systems and Well Permitting, N.J.D.E.P. to
Mr. Robert Foley of Schoor DePalma RE: Roxbury Township Water Department –
Councilman Rilee stated he wants confirmation that the check went out – Mr.
Raths stated he would look into it.
#4 – Correspondence
from Tom Potere, Zoning Officer to Michael Bartek of 638 Route 46, Kenvil RE:
638 & 634 Route 46, Block 2403, Lot 5.
Councilman Ciaramella questioned Mr. Raths if the Zoning Officer
completed his inspection on this property and if they meet with all the
regulations – Mr. Raths stated there are still some discussions pursuing on
items, which have to be removed.
Mr.
Ciaramella also mentioned that he noticed that a flat bed tractor-trailer was
parked in the parking lot of the old Howard Cleaners. Mr. Raths will follow up.
#15 – Agenda
from a Workshop Meeting of the Roxbury Board of Education Held on August 7,
2006. Councilwoman DeFillippo
questioned if this is something new we are getting. Council stated that we always get this in our package. Mr. Hall stated we have received these for
years, but they don’t give as much information as we provide in Council Minutes. Councilman Smith questioned if we provide
the Board of Education with minutes from Council Meetings. Ms. DeCroce stated that our Minutes are on
the web site for any person to review.
Mr. Hall stated that he will be attending a B.O.E. Shared Services
Meeting on Monday and he will ask who they would like to be the recipient of
our Town Meeting Minutes and will let Ms. DeCroce know who that is.
#18 – E-mail
LEAGUE ALERT from William G. Dressel, Jr., Executive Director of NJLM to
BettyLou DeCroce, Township Clerk RE: Joint Committee on Public Employee
Pensions and Benefits. Councilwoman
DeFillippo stated that this has cut into our budget and we should be taking a
closer look into double pensions.
Councilman Smith stated that in today’s Wall Street Journal there is an
article on pensions, benefits and salaries in the United States Government and
this same problem is going on in the Federal level. Ms. DeCroce stated that the Legislature is setting up Committees
to address these issues.
#21 – Correspondence
from Ellen Horak, Clerk of the Lake Musconetcong Regional Planning Board to
Mayor & Council RE: Workers Compensation Insurance for Seasonal
Employees. Councilman Rilee stated that
he agrees with our Clerk Ms. DeCroce and that we should not get involved in
this. Ms. DeFillippo stated that she
also agrees with Ms. DeCroce. Mr. Raths
stated we would never do this and would send a letter stating that we are not
interested in covering them under our insurance.
EXECUTIVE SESSION
06-299 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.
No Executive Session
ADJOURNMENT
At 10:07 p.m. Councilman Rilee made a motion to
adjourn the Regular Meeting. Councilman
Smith seconded the motion.
ALL IN FAVOR – YES
Submitted By:
________________________
BettyLou DeCroce
Township Clerk
MINUTES APPROVED BY COUNCIL
DATE: October
10, 2006
ROLL CALL: Mr.
Hall – yes Mr. Ciaramella – yes
Mrs.
DeFillippo – yes Mr. Rilee – yes
Mr.
Smith – yes Mr. Zoschak –
abstain
Mayor
Schmidt - yes