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     JULY 11, 2006                                   

 

A Regular Meeting was held by the Township Council of the Township of Roxbury on July 11, 2006 at 1715 Route 46, Ledgewood, New Jersey at 7:30 PM.

 

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.

 

Absent:  Councilman John Ciaramella was absent as he was away.

 

Also Present:  Christopher Raths, Township Manager; Anthony Bucco, Township Attorney; and BettyLou DeCroce, Township Clerk.

 

PRESENTATIONS

None

 

APPROVAL OF MINUTES

None

 

At this time Mayor Schmidt amended the order of business to adopt Resolution 06-262 for an Executive Session.

 

Councilman Rilee made a motion to approve Resolution 06-262.  Mr. Smith seconded the motion.

 

Roll Call:                      Mr. Rilee – Yes            Mr. Smith – Yes

                                    Ms. DeFillippo – Yes Mr. Hall – Yes

                                    Mr. Zoschak – Yes            Mayor Schmidt – Yes

 

Motion Carried 6 to 0

 

Council went into Executive Session at this time.

 

Council returned to the Regular Meeting at 8:00 PM.

 

PUBLIC PORTION

Robert Church

256 Eyland Avenue

Succasunna

 

Mr. Church questioned an expenditure out of  the operating budget on 6/30/06 & 7/11/06 to Camelback Skiing Resort.  Mr. Raths stated that it was for Recreation and fees collected for the programs offset the cost.

 

Cliff Reed

Dell Avenue

Kenvil

 

Mr. Reed thanked the Council for the sidewalks on Dell Avenue and also for the Hercules Plaque dedication.

 

Ernest Gefert

1 Riggs Road

Landing

 

Mr. Gefert handed out pictures to the Council pertaining to Kings Highway involving the operations of the McNear property.  Mr. Raths will follow up.

 

Joseph DePinhu

Center Street

Landing

 

Mr. DePinhu stated that he was a member Boy Scout Troop 188 and his Eagle Scout project was at Horseshoe Lake and he planted flowers and re-stained all the benches around Memory Lane.  Council thanked Mr. DePinhu and appreciated his contribution to the Community.

 

RESPORTS OF COUNCIL LIAISON REPRESENTATIVES, COUNCIL COMMITTEES AND NEW BUSINESS/OLD BUSINESS:

 

Council discussed forming a sub-committee on traffic. It was agreed that it would be beneficial to re-activate the committee to explore traffic issues within the Township.

 

Mr. Smith made a motion  to reactivate the sub-committee on traffic.  Mr. Zoschak seconded the motion.

 

Roll Call:                      Mr. Smith – Yes            Mr. Zoschak – Yes

                                    Ms. DeFillippo – Yes Mr. Rilee – Yes

                                    Mr. Hall – Yes                    Mayor Schmidt – Yes

 

Motion Carried 6 to 0

 

Councilman Smith advised Council that the County Grant for Open Space would be held in two weeks.

 

Councilman Smith discussed the drainage problem on West Maple Avenue.  Mr. Raths will look into it and keep Council advised.

 

Councilman Smith discussed the intersection of Mooney Road and Route #206.  Mr. Smith stated that it is overgrown and needs to be cut back.  Mr. Smith suggested tht this be trimmed as soon as possible.   Mr. Raths will look into the matter.

 

Councilman Richard Zoschak stated that he attended the Senior Meeting and there were complaints about potholes on Hillside Avenue, Succasunna and Little Lane in Berkshire Valley.  Mr. Raths will look into.

 

Councilman Zoschak questioned Mr. Bucco, Township Attorney as to soil movement on the McNear site.  Mr. Zoschak  asked if the site can accept soil from in town but not from out of town.  Mr. Bucco stated that was correct and if McNear wanted to receive soil from out of town they would be required to come before Council for approval by resolution.

 

Councilman Zoschak stated that the 9/11 Memorial is still in need of funds to complete the memorial.  Mr. Zoschak stated that they need up to $4,500.00 of additional funding to finish the project.  Mr. Zoschak also had documents from Morris County Engraving and will provide them to Mr. Raths for the preparation of a resolution at the next meeting.

 

Councilman Zoschak also advised Council that for this year the Lake Hopatcong Commission has removed more weeds from the lake then last year. 

 

Councilman Jim Rilee discussed the Bike Path at Horseshoe Lake and the dedication will be on August 2, 2006 at 3:00 PM.

 

Councilman Rilee  advised that  the Villages Project has been approved by the Planning Board and pointed out that this is the result of  a court order.

 

Councilman Rilee discussed the fact that there are five communities within Roxbury Township and it is confusing to the public.  Mr. Rilee would like to see one zip code for the Township, which would show equal representation of the communities within the Township. He suggested a survey, possibly in the Roxbury Image.  Ms. DeCroce will contact Congressman Frelinghuysen and ask his staff to work on this.  Ms. DeCroce did advise Council that she had worked on a zip code for Mine Hill Township when she was an elected official there and it took over 15 years to obtain.  Council would like to see if it is possible without causing confusion with the different post offices in town.

 

Councilman Rilee also stated that there is Federal Funding available out of the Federal Transportation Authority.  Mr. Rilee further stated that he read in the Daily Record today that there is proposed funding being allocated for State Highway Rt. #10.  Mr. Rilee would like Mr. Raths to look into this.

 

Councilwoman Kathy DeFillippo stated that the Economic Development Committee had a public meeting and Gary Dreschel was the guest speaker.

 

Councilwoman DeFillippo stated that there are dates being set for the Main Street Streetscaping Committee to visit Madison and Morristown to see there historic areas.

 

Councilwoman DeFillippo stated that  the first concert at Horseshoe Lake will be held on Thursday at 7:00 PM..

 

Councilwoman DeFillippo stated that she was advised that the County would be removing the railroad ties on Carey Road the first part of next week.

 

Councilman Fred Hall made a motion to appoint Terese DeVincentis to the Recreation Committee.  Mr. Smith seconded the motion.

 

Roll Call:                      Mr. Hall – Yes                    Mr. Smith – Yes

                                    Ms. DeFillippo – Yes Mr. Rilee – Yes

                                    Mr. Zoschak – Yes            Mayor Schmidt – Yes

 

Motion Carried 6 to 0

 

Ms. DeVincentis appointment will run from 7/11/06 – 12/31/08.  The Clerk’s office will send an oath of office to her.

 

Councilman Hall  advised the  Council that $43,513.00 had been appropriated for the Horseshoe Lake Improvements in which $16,000 was  spent for soccer field leaving a balance of $27,513.00.  Mr. Hall  asked if it would be possible to use  the balance of funds for fencing around the softball fields.  Mr. Raths will look into this.

 

Councilman Hall stated that Mine Hill and Wharton have combined a lot of services.  He would like to see if the Township of Roxbury could try shared services with Mt. Arlington.  Mr. Hall asked if any Councilmember has suggestions to please e-mail him.

 

Councilman Hall asked Mr. Raths if the Township has looked into the Mayor’s Wellness Program, which provides a grant for $4,000 to $5,000 for senior citizens and/or recreation.  Mr. Raths stated that he believed Mr. Grisi, Health Officer and Mayor Zoschak had discussed this last year, however,   the Township did not move forward at that time.  Mr. Raths will advise.

 

Mayor Schmidt updated the Council on the current status of the Dog Park and will keep Council advised.  Also a report compiled by the Roxbury Dog Park Committee, Inc. was handed out to Council for review.

 

Mayor Schmidt stated that this Thursday night at 7:30 PM the Environmental Commission would be holding a meeting.

 

Mayor Schmidt stated that he has seen signs referring to a mattress sale throughout the Township.  Mr. Raths will look into.

 

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

 

A.     Application for Raffles License No. RA: 1292 by St. Therese’s Church

B.     Application for Raffles License No. RA: 1293 by Roxbury Fire Company #1 Ladies Auxiliary.

C.     Application for Raffles License No. RA: 1294 by Roxbury Fire Company #1 Ladies Auxiliary.

D.     Application for Raffles License No. RA: 1295 by Lakeland Animal Haven, Inc.

E.      Application for Raffles License No. RA: 1296 Lakeland Animal Haven, Inc.

F.      Application for Special Permit for Social Affair by Roxbury PBA 311.

G.     Letter from Paul R. Nusbaum regarding Merry Heart Health Care Campus Assisted Living Facility.  Mr. Bucco will respond with regard to the requirements of Township Zoning Ordinances Section 13-7.829 for a Development/Mount Laurel fee.

 

Mr. Zoschak made a motion to approve A, B, C, D,  E & F.  Mr. Rilee seconded the motion.

 

Roll Call:                      Mr. Zoschak – Yes            Mr. Rilee – Yes

                                    Ms. DeFillippo – Yes Mr. Smith  - Yes

                                    Mr. Hall – Yes                    Mayor Schmidt – Yes

 

Motion Carried 6 to 0

 

INTRODUCTION OF PROPOSED ORDINANCES

None

 

HEARING AND ADOPTION OF ORDINANCES ON SECOND READING

None

 

INTRODUCTION AND ADOPTION OF RESOLUTIONS

06-248 A resolution incorporating by reference herein and approving the following numbered resolutions listed on the regular council meeting agenda for this date:  06-249, 06-250m 06-251, 06-252, 06-253, 06-254, 06-255, 06-256, 06-257, 06-258, 06-259, 06-260, 06-261

 

Mr. Rilee made a motion to approve 06-248.  Mr. Smith seconded the motion.

 

Roll Call:                      Mr. Rilee – Yes             Mr. Smith – Yes

                                    Ms. DeFillippo – Yes Mr. Hall – Yes

                                    Mr. Zoschak – Yes            Mayor Schmidt – Yes

 

Motion Carried 6 to 0

 

06-249   A Resolution authorizing the refund of taxes.

 

06-250   A resolution authorizing the release of a Performance Guarantee posted by Right-of-Way Excavation Permit No. DEC0204, Budd Street, Kenvil, Block 2606, Lot 7.02.

 

06-251  A resolution authorizing the release of Performance Guarantee posted for Right-of-Way Excavation Permit No.Jul0505, 8 Railroad Avenue, Kenvil, Block 2704, Lot 3.

 

06-252  A resolution authorizing the release of a Performance Guarantee posted for Right-of-Way Excavation Permit No.NOV2305, 17 Alexandra Road Landing, Block 11705,Lot 10.

 

06-253  A resolution approving Change Order No. 1 (final) to the contract with Tony’s Concrete Construction Co., Inc. for the Ezra Place, Steffanie Place & Jeffrey Road Sidewalk Reconstruction Project – Contract B.

 

06-254  A resolution approving Change Order No. 2 to the contract with Covino & Sons Construction Company, Inc. for the Dell Avenue Sidewalk Construction Project Contract ‘A’.

 

06-255  A resolution authorizing the release of the Performance Bond for Outstanding Site Items at 17 Alexandra Road, Landing, Block 11705, Lot 10.

 

06-256  A resolution authorizing the release of Cash bond No. 2001-394 in connection with a Major Soil Relocation Permit for Crack Barrel Old Country Store, Inc.,Block 12201, Lot 1.0101.

 

06-257  A resolution authorizing refund of unused escrow monies previously deposited with the Township of Roxbury for Development matters pursuant to Chapter XII (Land Use) of the Revised General Ordinances of the Township of Roxbury.

 

06-258  A resolution authorizing a person-to-person transfer of Liquor License #1435-33019-010 from Chi-Chi’s, inc. to Os Realty, Inc.

 

06-259  A resolution approving Change Order No. 2 to the contract with PM Construction Corporation for the Skyview Wastewater Treatment Plant Decommissioning Project NJEIT No S340381-06.  Mr. Zoschak questioned why this was not put into place with the original contract.  Mr. Raths stated that delays were the reason.

 

06-260  A resolution authorizing the release of a Performance Guarantee Posted for Right-of-Way Excavation Permit No. SEP1505, Richard Liddy, 20 Unneberg Avenue, Block 3103. Lot 29.

 

06-261  A resolution authorizing payment of bills.

 

PERSONNEL CHANGES

Memo from Judy Riley dated July 6, 2006

 

COMMUNICATIONS

June 30, 2006

#5 Mayors Fax Advisory from William G. Dressel, Jr., Executive Director of NJLM dated June 23, 2006 RE: 1. Prompt Payment of Construction Contracts on A-3174.  Council would like Township Clerk BettyLou DeCroce to send a letter objecting to prompt payment.

 

#11 Memo from Judith I. Silver, Parsippany Township Clerk RE: Resolution of the Township Council of the township of Parsippany Troy Hills Opposing the New York/New Jersey/Philadelphia Metropolitan Area Airspace Redesign as Proposed by the Federal Aviation Administration.  A resolution will be on the next meeting agenda objecting.

 

#Correspondence from Joseph A. Giorgio, RMC, Business Administrator/Township Clerk RE:  Resolution Urging A Cut In State Spending And Taxes In Order To Reduce Property Taxes In The Fiscal Year 2007 State Budget.  A resolution will be on the next meeting agenda supporting.

 

July 7, 2006

#8 Correspondence from Nancy Grant & Family, Resident of Succasunna to Ms. DeCroce, Township Clerk dated July 5, 2006 RE: Garage Sale Signs.  Council directed Ms. DeCroce to send a letter to Ms. Grant stating that the Council is directing the Township Attorney to prepare an ordinance that will give better guidance and less restriction on homeowners having garage sales.

 

PUBLIC PORTION

No Public

 

EXECUTIVE SESSION

06-262  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. Hall made a motion to approve 06-262 for an Executive Session.  Mr. Rilee seconded the motion.

 

Roll Call:                      Mr. Hall – Yes                    Mr. Rilee – Yes

                                    Ms. DeFillippo – Yes     

                                                Mr. Smith – Yes

                                    Mr. Zoschak – Yes            Mayor Schmidt – Yes

 

Motion Carried 6 to 0

 

At 9:35 PM Council went into Executive Session.

 

At 10:00 PM Council returned to the Regular Meeting.

 

ADD ON: Application for Raffle License No. RA 1297 by Roxbury Rotary

 

Mr. Hall made a motion to approve a Raffle for the Roxbury Rotary.  Mr. Rilee seconded the motion.

 

Roll Call:                      Mr. Hall – Yes                    Mr. Rilee – Yes

                                    Ms. DeFillippo – Yes Mr. Smith – Yes

                                    Mr. Zoschak – Yes            Mayor Schmidt – Yes

 

Motion Carried 6 to 0

 

ADJOURNMENT

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

 

Roll Call:  All In Favor – Yes

 

Motion Carried 6 to 0

 

Submitted By:

 

 

 

BettyLou DeCroce

Township Clerk

MINUTES APPROVED:

DATE:                        October 24, 2006

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

                                    Mr. Ciaramella – yes       Mrs. DeFillippo – yes

                                    Mr. Hall – yes                     Mr. Zoschak – yes

                                    Mayor Schmidt – yes