SEPTEMBER 12, 2006
A Regular
Meeting of the Township Council of the Township of Roxbury was held on
September 12, 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:
Councilwoman Kathy DeFillippo, Councilmen Fred Hall, John Ciaramella and
Mayor Martin Schmidt
ALSO PRESENT:
Christopher Raths, Township Manager; Anthony Bucco, Township Attorney
and Janet Rieth, Deputy Township Clerk
ABSENT: Councilmen
Jim Rilee, Tim Smith and Richard Zoschak
PRESENTATIONS
None
APPROVAL OF
MINUTES
June 13,
2006 Executive
June 27,
2006 Workshop
June 27,
2006 Executive
July
11, 2006 Executive
July
25, 2006 Workshop
August 16,
2006 Neighborhood Meeting
Mr.
Ciaramella made a motion to approve the above minutes. Mrs. DeFillippo seconded the motion.
Roll
Call:
Mr.
Ciaramella – yes Mrs. DeFillippo – yes
Mr.
Hall - yes (abstain on June 27th
Workshop and Executive)
Mayor
Schmidt – yes
Motion
carried 4 – 0 with one abstention on June 27th Workshop and
Executive
PUBLIC PORTION
None
REPORTS OF
COUNCIL LIAISON REPRESENTATIVES, COUNCIL COMMITTEES AND NEW BUSINESS/OLD
BUSINESS
Mr. Hall stated that it has been four
weeks since the last Council meeting and he does not feel that there should be
such a large amount of time between meetings.
Mr. Hall stated that he, Mr. Raths and
Mr. Ciaramella attended a shared services meeting with the Board of
Education. He felt it was a good
meeting and quite a bit of progress has been made. There will be another meeting in October. Mr. Raths stated that he met with Mr. Mack,
Superintendent of Schools, last week and that was also very productive.
Mr. Hall stated that he felt the 9/11
Memorial Service was very well done and he thanked everyone involved.
Mr. Hall stated that Succasunny Day was
also very good and he commended everyone involved.
Mr.
Hall requested an update on the stacking ordinance. Mr. Raths advised that it
will be on the next meeting agenda.
Mr. Hall stated that during the recent
Council Neighborhood Meeting, it was brought up that the public is not aware of
where the trails are located in the Township. The Township has now produced
links on the web site for the trails. He thanked Rob Kuncken, IT Director, for
doing a good job . Mr. Raths stated that Kevin Begraft,
Assistant to the Engineer, did a lot of the work on this.
Mr. Hall stated that the improvements on
Righter Road very well done.
Mrs. DeFillippo stated that she also
feels there was too long a time between meetings and requested that we look at
the calendar more carefully in the future.
Mrs.
DeFillippo stated that the Council Neighborhood Meeting was very well attended.
In addition to the trails site on the web, there is also a site for the local
parks in the Township.
Mrs. DeFillippo stated that the Main
Street Streetscaping Committee met August 23rd. A flyer was put together for distribution
on Succasunna Day.
Mrs. DeFillippo stated that the Economic
Development Committee met and they have agreed to change the format that the
Code Enforcement Officers uses.
Mrs. DeFillippo stated that Succasunny
Day was very well attended and she commended everyone involved.
Mrs. DeFillippo stated that the 9/11
Memorial Service was tastefully done and very well attended. She thanked everyone involved.
Mrs. DeFillippo advised that the
Water/Sewer Committee will meet this Friday.
Mrs. DeFillippo would like to look at
potential dates for next year to continue the Council Neighborhood
meetings. She will come back to Council
at the next meeting with a suggestion of dates.
Mr. Ciaramella stated that
the Main Street Streetscaping Committee will meet tomorrow night.
Mr. Ciaramella complimented everyone
involved in the 9/11 Memorial Service.
The program went very well and he is pleased that Council accomplished
one of their goals for this year.
Mayor Schmidt stated that the 9/11 Memorial came about this year due to
the fact that Rotary was able to donate the funds. He thanked everyone involved.
Mr. Raths stated that a letter of thanks
has been sent to his staff for their work on the 9/11 Memorial.
Mr. Raths advised that there is an issue
with an illegal boarding house at 6 Circle Drive, Ledgewood. The Township is taking all enforcement
action.
Mr. Raths advised that the Township is
now inspecting Tilcon and McNear property on a weekly basis.
Mr. Raths advised that the
application to DEP for a distribution system permit was done by the Engineer
from Villages.
Mr. Raths stated that he received a
letter from Mr. Gefert regarding complaints pertaining to the McNear
property. Mr. Raths has followed up
with Mr. McNear and with Tilcon. He
further stated that Mr. McNear and Tilcon have denied that any activity was
taking place on those particular dates.
Mr. Raths will continue to follow up.
Mr. Raths will put the
analysis of special duty administrative costs in Friday’s packet.
Mr. Raths stated that the Township sent a
proposal to Mt. Arlington to provide their public health services. Mt. Arlington advised that they will be
going with another municipality.
Mr. Raths advised that there will be a
tour, with the County Open Space members, of the Swim and Sports Club on
Saturday, September 16th, at 1:45 PM. Mr. Hall and Mr. Smith will be attending.
Old
Business
Procurement
Policy
Appointments
Rockaway River
Watershed Cabinet—2 Members, 1-year term
Economic
Development Committee—1 Member, 3-year term
Raritan
Highlands Compact—2 Members
Sussex County 208
Water Quality PAC
Planning Board
Alternate No., 2, unexpired term of Michael Hawley, 1/1/06 – 12/31/07
Citizens Cable
Committee, unexpired term of Michael Hawley, 3/8/05 – 12/31/07
The above
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: 1307 by St. Therese Home School Association
B. Application for Raffles License No.
RA 1308 by St. Therese Home School Association
C. Application for Raffles License No.
RA 1309 St. Therese School
D. Application
for Raffles License No. RA 1310 by Roxbury High School Football Fan Club, Inc.
E. Application for Special Permit for
Social Affair for Legends Harley-Davidson
Mr. Hall made a
motion to approve Items A through E.
Mr. Ciaramella seconded the motion.
Roll Call:
Mr. Hall – yes
(abstain on Items A, B & C)
Mr. Ciaramella –
yes Mrs. DeFillippo – yes
Mayor Schmidt –
yes
Motion carried 4
– 0 with one abstention on Items A, B & C
F. NJLM request for 2006 League Conference
Resolutions
The
Council will email their suggestions to Mr. Raths and he will put them together
for the next meeting.
G. Update on
Rotary Storage Facility at Horseshoe Lake
Mr. Ciaramella
stated that Rotary has received approval from the Township to increase the size
of the recreation service building, which is located behind the Recreation
Building, to 1200 square feet, of which 600 feet would be used for recreation
and 600 feet to house Rotary equipment that is presently stored at the County
Concrete facility. Mr. Ciaramella
further advised that they are now ready for construction to begin.
INTRODUCTION OF PROPOSED
ORDINANCES
21-06 An ordinance authorizing a non-exclusive
license for the use of real property owned by
the
Township of Roxbury for the Ledgewood Park Preservation Society, Inc.
Mr. Ciaramella
made a motion to introduce Ordinance 21-06.
Mr. Hall seconded the motion.
Roll Call:
Mr. Ciaramella –
yes Mr. Hall – yes
Mrs. DeFillippo
– yes Mayor Schmidt – yes
Motion carried 4
- 0
22-06
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
Mr. Hall made a
motion to introduce Ordinance 22-06.
Mrs. DeFillippo seconded the motion.
It was agreed
that the Clerk’s office will send a monthly Raffle and Bingo report to Council.
Roll Call:
Mr. Hall – yes Mrs.
DeFillippo – yes
Mr. Ciaramella –
yes Mayor Schmidt – yes
Motion carried 4
– 0
23-06
An
ordinance amending and supplementing the Revised General Ordinances of the
Township of Roxbury to establish Storm
Water Management Regulations prohibiting illicit connections to the storm water
system, improper disposal of waste in the municipal storm sewer system and
regulating wildlife feeding and yard waste
Mr.
Ciaramella made a motion to introduce Ordinance 23-06. Mr. Hall seconded the motion.
The
Township will advise residents, on the web site and through a press release,
that leaves can only be blown to the edge of their property. Mr. Bucco advised that these are uniform
standards
that
must be adopted or the Township will be fined.
Roll Call:
Mr. Ciaramella –
yes Mr. Hall – yes
Mrs. DeFillippo
– yes Mayor Schmidt – yes
Motion carried 4
– 0
24-06 An ordinance amending and supplementing
Chapter III, Police Regulations by the
establishment
of Dog Park Rules and Regulations and amending Chapter XXIV, Fees, by
establishing fees for use of the dog park, of the Revised General Ordinances of
the Township of Roxbury
Mr.
Hall made a motion to introduce Ordinance 24-06. Mrs. DeFillippo seconded the motion.
Mr.
Bucco reviewed the following requested changes that he received from Frank
Grisi, Health Officer.
H – Limit of
two dogs per adult - Mr. Grisi stated that the Township Ordinance
allows up to five dogs per household and suggested that the limit be increased
to five. Council agreed to leave it at two.
K
– No puppies younger than 6 months old may utilize the park – Mr. Grisi advised
that the minimum licensing age is 7 months old and he suggested that 6 months
be changed to 7 months. Council agreed.
O
– Female Dogs must be spayed and male dogs neutered – Mr. Grisi felt that people may not like this. Council agreed to keep this in.
P
– All dog bites shall immediately be reported to the Roxbury Township Health
Department – Mr. Grisi would like to add the words “Monday through Friday 8:00
AM to 4:30 PM and all other times, weekends and Holidays immediately to the
Roxbury Township Police Department.
Council agreed to leave as is.
T
–The Dog Park shall be open during daylight hours only – Mayor Schmidt advised that Mr. Kluska
recommended changing the wording to “the dog park shall be open from sunrise to
sunset. Council agreed.
Mr. Bucco will
make the necessary changes.
Roll Call:
Mr. Hall – yes Mrs.
DeFillippo – yes
Mr. Ciaramella –
yes Mayor Schmidt – yes
Motion carried 4
– 0
HEARING AND
ADOPTION OF ORDINANCES ON SECOND READING
INTRODUCTION AND ADOPTION OF
RESOLUTIONS
06-300 A resolution incorporating by reference
herein and approving the following numbered
resolutions listed on the regular council
meeting agenda for this date: 06-288,
06-301, 06-302, 06-303, 06-304, 06-305, 06-306, 06-307, 06-308, 06-309, 06-310,
06-311, 06-312, 06-313, 06-314, 06-315, 06-316, 06-317, 06-318, 06-319
Mr. Ciaramella
made a motion to adopt Resolution 06-300.
Mrs. DeFillippo seconded the motion.
Roll Call:
Mr. Ciaramella –
yes (recuse on Check Nos. 41179 and 41183)
Mrs. DeFillippo
– yes Mr. Hall – yes (recuse on Check
No. 06-81030)
Mayor Schmidt –
yes
Motion carried 4
– 0 with one recusal on Check Nos. 41179, 41183 and 06-81030
06-288 A resolution authorizing acceptance of gifts
06-301
A
resolution authorizing the insertion of an item of revenue in the 2006 Budget
for
additional funding for Pandemic Flu Preparedness Grant
06-302
A
resolution authorizing the acceptance of a cash bond for tree permit for MPG
Properties located on Route 206, Block 9001, Lot 9
06-303
A
resolution authorizing the acceptance of a performance bond in connection with
the
approval of a final subdivision for James
McArdle, Block 7101, Lot 25 located on West Dewey Avenue
06-304
A
resolution authorizing the reduction of the performance guarantee of Ledgewood
Management, LLC for the site improvements
for the preliminary site plan for Phase I of the development known as Ledgewood
Circle Shopping Center
06-305 A resolution authorizing the refund of taxes
06-305
A
resolution urging the New Jersey Attorney General and the State of New Jersey
to
provide for defense and indemnification
of Municipal Police Officers and Police Departments voluntarily serving on
State and County law enforcement task forces.
06-306 A resolution authorizing the Mayor and Township Clerk to endorse an agreement for the
transfer of title of a sanitary
sewer main at 11 Constitution Avenue, Block 701 Lot 44.
06-307
A
resolution authorizing the acceptance of the Maintenance Bond and approving the
release of the Performance Guarantee and
Final Payment to Iron Hills Construction Co.,
Inc., Wayne, N.J. for the Evergreen Acres Water System Improvements,
Production Well No. 14 Project, Mettle Lane, Berkshire Valley.
06-308
A
resolution authorizing the award of a Professional Services Contract to Thomas
G.
Grau, P. E. of Hatch Mott MacDonald for
the completion of certain plan elements of the Municipal Stormwater Management
Plan as required by N.J.A.C. 7:8-4.2.
06-309
A
resolution authorizing the release of a Performance Guarantee posted for
Right-of-
Way Excavation Permit No. AUG1706, Fiore
A. Purcell, 30 Parkview Drive,
Succasunna, Block 102, Lot 18.
06-310
A
resolution authorizing the release of a Performance Guarantee posted for
Right-of-
Way Excavation Permit No. MAY0801, Robert
E. Holmes, 5 Alcott Way, Block 2905,
Lot 1.
06-311
A resolution
authorizing the refund of unused engineering inspection fees to Ronetco
Supermarkets, Inc., Block 4901, Lot 4 and Block 5004, Lots 3 &
5.
06-312
A
resolution authorizing the award of a contract to Wally Spergel, Inc for
traffic signal
improvements at Righter Road and Eyland Avenue.
06-314 A resolution authorizing the refund of
taxes.
06-315 A resolution authorizing the refund of
taxes.
06-316
A
resolution authorizing the acceptance of the Maintenance Bond and approving the
release of the Performance Guarantee and
Final Payment to Tony’s Concrete
Construction Company, Inc. for the Ezra Place, Steffanie Place and
Jeffrey Road Sidewalk Reconstruction Project – Contract B
06-317
A
resolution authorizing the acceptance of a deed of road dedication from Joan
DiDomenico across a portion of Lot 3 in
Block 10501, more commonly known as 585 Main Street, Landing, in the Township
of Roxbury
06-318
A
resolution authorizing the award of a contract for professional services to
Kinsey
Associates for preparation of contract
drawings and specification for athletic field
construction at Landing Road
06-319 A resolution authorizing payment of bills
At 8:30 PM
Council took a short break.
At 8:40 PM
Council returned to the Regular Meeting.
PERSONNEL
CHANGES
Memo from Judy
Riley dated September 7, 2006
COMMUNICATIONS
August 18, 2006
#1
- Correspondence from Christopher Raths, Township Manager to Mayor &
Council, dated August 18, 2006, re: Information Update (#22) NJ
Transit/Commerce Boulevard – Mr. Raths would like Council to look at the plans
before October 10th.
#2
– Correspondence from Lisa Palmieri, CFO, to Mr. Sheo Prasad, NJDOT, Local
Governments Services, dated August 9, 2006, re: Eyland Avenue Bikeway Project,
NJDOT Municipal Aid FY 2002 – The bike plan has been sent.
#19 – Correspondence
from Christopher Raths, Township Manager, to Mr. Harold Adone of 3 Andre Drive,
Succasunna, dated August 17, 2006, re: Acknowledgement of Petition from the
Residents of Andre Drive – The
Engineering Department has looked at this and will report back to Council.
August 25,
2006
#20
– New Jersey Trails Plan Update 2006 – Mr. Raths will confirm if anyone is
attending.
#22
– Correspondence from David Anderson, Administrative Office of the Courts, to
Assignment Judges, dated July 12,2 006, re: P.L. 2006, c.31 (S-650) “Municipal Beautification Act” – Mr. Bucco has
a draft ordinance he will forward to Council.
#33
– Correspondence from Anthony Bucco to Lucy Voorhoeve, COAH, dated August 22,
2006, re: COAH Request for Documentation in Support of Third Round - This has been sent in. If anyone would like to look at the report,
they may contact Mr. Raths.
September 1, 2006
#1 –
Correspondence from Christopher Raths, Township Manager to Mayor & Council
dated September 1, 2006, re: Information Update – (#6) Motor Vehicle Repair
Shop Complaints – This falls under the Zoning Officer, Tom Potere. He is putting together a presentation for
the Economic Development Committee illustrating the improvements along Route
46.
#10
– Draft Memo from Christopher Raths, Township Manager to Mayor & Council
dated August 28, 2006, re: Traffic Circulation Advisory Committee – Council
must approve the charge for the Committee at the next meeting.
September 8,
2006
These will be
discussed at the next meeting.
#6 – Correspondence
from Gregory D. Meese, Esq., to Property Owner, dated August 29, 2006, re:
Application for Site Approval, Omnipoint Communications, Randolph, NJ – Mr.
Raths will have Mr. Stern, Township Planner, look at the design.
PUBLIC PORTION
Odette
Lamana, 265 Kings Highway,
Landing, suggested that recycling
schedule be rearranged since most of holidays fall on Monday and the residents
in Landing, who are furthest away from the Recycling Center have to keep items
for a month. She recommended that
Kenvil residents, who are closest to the Center have Monday pick up. Mr. Raths will have Mr. Blood look at this
and report back to Council.
Mr. Kluska,
Emmans Road, requested an update on the
progress of the sign at Horseshoe Lake entrance. Mr. Raths advised that Mr. Stierli is procuring proposals. Mr. Kluska asked when Eyland Avenue to
Route 10 will be repaved and if there is anything planned for Emmans Road. Mr. Raths advised that they will be done
next year.
EXECUTIVE SESSION
06-320 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 06-320.
Mrs. DeFillippo seconded the motion.
Roll Call:
Mr. Ciaramella –
yes Mrs. DeFillippo – yes
Mr. Hall – yes Mayor
Schmidt –yes
Motion carried 4
– 0
At 10:25 PM
Council returned to the Regular Meeting.
06-321 Resolution Authorizing Settlement of the
2006 Tax Appeal Entitled Environmental
Development Associates v. Township of
Roxbury, Docket Nos. 000151-2005 and
000541-2006 Involving Block 9001, Lot 1, Located on Gold Mine Road
06-322
Resolution
Authorizing Settlement of the 2005 and 2006 Tax Appeals Entitled Eden
Park, LLC v. Township of Roxbury, Docket
Nos. 00878-2005 and 002086-2006 Involving Block 9001, Lots 4, Located at 191
Route 206; Block 9001, Lot 12, Located at 173 Route 206; Block 9001, Lot 13,
Located at 5 Eden Lane and Block 9001, Lot 14, Located at 3 Eden Lane, Roxbury,
NJ
Mr. Hall made a
motion to adopt Resolutions 06-321 and 06-322.
Mr. Ciaramella seconded the motion.
Roll Call:
Mr. Hall – yes Mr.
Ciaramella – yes
Mrs. DeFillippo
– yes Mayor Schmidt – yes
Motion carried 4
– 0
At 10:30 PM
Mr. Hall made a motion to adjourn the Regular Meeting. Mrs. DeFillippo 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 – abstain
Mr. Smith – abstain Mr.
Zoschak – abstain
Mayor Schmidt - yes