June 13, 2006
A Regular
Meeting of the Township Council of the Township of Roxbury was held on June 13,
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, Richard Zoschak, Tim Smith 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 Jim Rilee and Deputy Mayor Jon Ciaramella
Mr. Bucco, Township Attorney
arrived at 9:30 p.m. to the meeting.
PRESENTATIONS
McFlower Award ? Ron Petillo
presented Roxbury
Township with the Morris
Tomorrow 2006 McFlower Town Award for Industrial/Commercial Category on Dell Avenue.
Mayor
Schmidt read the proclamation to Council.
Councilman
Zoschak thanked Mr. Pitillo for his work.
Mayor
Schmidt read a Proclamation to The Ever Young Seniors to honor them on their 25th
Anniversary.
APPROVAL OF MINUTES
April 25, 2006 Workshop
Mr.
Zoschak made a motion to approve the April 25, 2006 Workshop Meeting
minutes. Mr. Smith seconded the motion.
Roll
Call: Mr. Zoschak ? Yes Mr. Smith ? Yes
Ms. DeFillippo ? Yes Mr. Hall ? Yes
Mayor Schmidt ? Yes
Motion
Carried 5 to 0
PUBLIC PORTION
Richard Cramond
Bari Drive
Ledgewood, NJ
On behalf of Historic
Advisory Committee Mr. Crammond thanked the Mayor, Council, and Township
Manager for their support of the Planning Grant for Wheel pit and design work
for Morris Canal Park. Morris
Canal Park
has a greater profile thanks to the Council and all their efforts.
Robert Church
256 Eyland Avenue
Succasunna
Mr. Church questioned if the
Township is in compliance with the requirements of COAH. Mr. Zoschak stated that the Township meets
and exceeds the requirements at this time.
Mr. Church questioned the
status of the Fire Department audit. Mr.
Raths stated that it is almost complete and it would be released as soon as he
has it.
Robert Kluska
Emmans Road
Mr. Kluska questioned
Emmans Road Phase III resurfacing. Mr.
Kluska further stated that the township should look at Phase I before we
proceed to Phase III paving of Emmans
Road. Mr.
Kluska suggested that the town make sure rocks are placed underneath and not
sand as has previously been placed below the black top. Mr. Raths stated he would speak to Mr. Blood
regarding the paving.
Ernst Gefert
Landing, NJ
Mr. Geffert stated that
the operation of the McNear site is polluting the area and mysterious nickel
material he has in a bag has been found around the site. Mayor Schmidt stated he is reviewing the
history of this site. Mr. Raths stated
that the DEP has been out at the site to review for pollutants as well as the
Township Health Department.
Dennis Wine
4 Holly Road
Succasunna
Mr. Wine questioned the
Council as to the water lines and connections.
Mr. Raths stated that the developer has to contribute his fair share.
Mr. Wine questioned the
purchase of a new fire truck. Mr. Raths
stated that the truck was just purchased for Fire Company #1. Councilman Smith
stated that the Port Morris Fire House is being shut down and all vehicles will
be moved to the Shippenport Annex. Mr.
Smith stated that it was the intention of the Council to enlarge the
Shippenport facility to house all the equipment from Port Morris.
Pat Gilliland
50 Ford Road
Landing
Ms. Gilliland stated that
there is a drainage problem in front of her house and it?s been about a year
since she first called Mr. Blood. Ms.
Gilliand stated that the water builds up at the end of her driveway.
Mr. Raths stated that he
would have Mr. Blood out there tomorrow to take a look at it.
Nancy Gefert
Landing, NJ
Ms. Geffert states that her
health is an issue because of the pollution caused by the McNear site. Ms. Geffert continued and stated that Tilcon
is not the problem it is McNear. Mr.
Raths stated that a violation letter went to McNear.
Mr. Hall asked Mr. Raths
when the soil agreement would expire.
Mr. Raths stated that it expires in the year 2023.
Mr. Geffert returned to the
microphone and stated that McNear is interfering with their quality of life.
REPORTS OF COUNCIL LIAISON
REPRESENTATIVES, COUNCIL COMMITTEES AND NEW BUSINESS/OLD BUSINESS
Councilman
Smith stated that there would be an Open Space Committee meeting next week.
Councilman
Zoschak stated that there were problems at the Planning Board with the
microphones. Mr. Raths state that Mr.
Kuncken is checking on prices for new ones and once they have the pricing he
will take care of it.
Councilman
Zoschak stated that the Memorial Day Parade was a success and approximately 600
people attended. Mr. Zoschak thanked
Mrs. DeCroce, Township Clerk, and Mr. Stierli, Recreation Director and all
others for a great job.
Councilman
Zoschak asked Mr. Raths when the striping of the third lane on Rt.#46 by the
Roxbury Car Wash would be completed. Mr.
Raths stated that it should be done by the end of the summer.
Councilman
Zoschak asked Mr. Raths when the new Roxbury
Township signs would be
installed. Mr. Raths stated that he was
aware of two of them being installed at this time.
Councilman
Zoschak asked when the response time from the Fire Companies would be completed. Mr. Raths stated that they would be in next
weeks package.
Mr.
Zoschak discussed the 319 Grants for the King Cove Area. He would like to see the County, Township and
LHC work together on the grant.
Currently the harvesters are doing a good job on the weeds in the
lake. The rainwater has helped to bring
the lake up 2? and it?s a better depth for the harvesting.
Councilwoman
Kathy DeFillippo stated that the parade was a success and she would like to
thank Outback Steakhouse, TGI Fridays, Cliffs Dairy, High Grade Beverage and
also Wall*Mart donating to the Township which helped to make Memorial Day a
success.
Mayor
Schmidt added that he would also like to thank the Fire Department for their
help cooking.
Councilwoman
DeFillippo stated that she attended the Community Hope Open House for a group home that was built in the
Township. Ms. DeFillippo stated that the
home is beautiful plus the township receives 8 credits for COAH. Ms. DeFillippo also stated that the township
received a 2005 Municipality Award from the County.
Ms.
DeFillippo stated that the railroad ties by Carey Road were to be moved by March 29,
2006 and they are still there. Mr. Raths
stated that he would make another call and make sure they are removed.
Ms.
DeFillippo questioned as to when the Carey
Road Bridge
will be improved. Mr. Smith stated that
it would be completed by Spring 2007.
Ms. DeFillippo was concerned with regard to access on the roadway during
the construction. Mr. Raths stated that
one lane would be open at all times.
Ms.
DeFillippo stated that there would be a Main Street Streetscape Meeting next
week.
Ms.
DeFillippo stated that there would be a Water/Sewer Committee meeting on
Friday.
Ms.
DeFillippo stated that the Ledgewood Park Trail dedication will be this coming
Saturday.
Ms.
DeFillippo stated that there are flyers on the press table with the scheduled
Town Meeting. Also flyers will be
distributed in the schools. The next
town meeting will be September 29, 2006 here at town hall.
Councilman
Fred Hall stated that the Memorial Day parade and ceremony was a success. He especially thanked BettyLou DeCroce,
Township Clerk and her staff and Dave Stierli for all his help.
Mr.
Hall stated that at the Recreation Meeting they discussed East Mapledale Avenue and the fencing
will be replaced. Also, no parking signs
will be installed on East
Mapledale Avenue on the side by the bike path.
Mr.
Hall also stated that the Recreation Committee felt that behind the new
building Concepts facing Rt. #10 a buffer of new trees should be installed
adjacent to Horseshoe
Lake Park. Mr. Raths will work on that.
Mr.
Hall stated that the detention basin at Hunters Ridge is a mess. Mr. Raths stated that he asked Mr. Ashley to
take care of the basin but he was not able to do it. Unfortunately, we do not have the staff to
handle it. Mr. Raths stated that he is
working on this with Mr. Stierli to come up with a plan to handle all the
basins, which could possibly need to be sub-contracted out. Mayor Schmidt stated that he thought Scott
Fullerton was going to take care of some of the basins. Mr. Raths will follow up with a plan.
Mr.
Hall handed out a rendering of the design for the new entrance sign at Horseshoe Lake.
Councilman Zoschak suggested that the Township Planner, Russell Stern
look at the sign to make sure it conforms with all zoning and planning
regulations. Council agreed that
approval of the sign should be pulled this evening so that it can be evaluated
and recommended by our professionals prior to voting.
Mr.
Hall stated that the trail extension to the Black River
is up for discussion with the Freeholders.
Councilman Rilee is working on this as well as Mr. Raths with the MUA.
Councilmen
Fred Hall, Tim Smith and Councilwoman Kathy DeFillippo will be attending the Roxbury High School graduation. If there are any other Council members
attending please let the Clerk?s office know so they can respond.
Mayor
Schmidt stated that the Boy Scout Troop #180 started to clear the area at Old Canal
Park. They camped out overnight and had a great
time. They are working on the cabin and
in the next phase they will be installing a new roof. Mr. Schmidt stated that Russ Brown,
Construction Official is working with them.
Mayor
Schmidt stated that the Memorial Day events were successful and he felt that it
was the best so far. Mr. Schmidt also
stated that it is a wonderful parade honoring our Veterans. Each year the parade gets larger and that?s
an honor.
Mayor
Schmidt stated that he attended the ribbon cutting for the Mt. Arlington
Railroad Station and the facility should be completed in 18 months, which will
stop, and pickup commuters.
Mayor
Schmidt asked if we could use the weed harvesters from Lake
Hopatcong at the Ledgewood Park
basin. Mr. Raths will check with the
Lake Hopatcong Commission if it is possible.
Mr.
Raths, Township Manager stated that the Department of Transportation would be
meeting next week to discuss the current redesign of Rt. 10 & Commerce
Blvd. Council has real concerns with the
potential design. Council will respond
after the DOT presents their new plan before Council.
Mr.
Raths stated that he has received many complaints pertaining to the grass area
of the old fish market on Rt. #46. Mr.
Raths also stated that it would be cut tomorrow.
Ms.
DeCroce, Township Clerk stated that the new issue of ?The Image? is completed
and will be mailed out around June 15 ? June 17.
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.
Cable Committee
All appointments will remain
open as of this date.
MATTERS REQUESTED/REFERRED
BY COUNCIL MEMBERS, MANAGER, ATTORNEY OR CLERK
A. Application for Raffles
License No. RA: 1290 by St. Therese Rosary Alter Society.
B. Application for Raffles
License No. RA: 1291 by St. Therese Rosary Alter Society.
C. Application for Special
Permit for Social Affair, July 16, 2006 by Swim and Sport Club.
D. Application for Special
Permit for Social Affair, July 28, 29, & 30, 2006 by Swim and Sport Club.
Mr. Zoschak made a motion to
approve A thru D. Mr. Smith seconded the
motion.
Roll Call: Mr.
Zoschak ? Yes Mr. Smith ? Yes
Ms.
DeFillippo ? Yes Mr. Hall ? Yes
(abstain from A & B)
Mayor
Schmidt ? Yes
Motion Carried: 5 to 0
E. Request for letter of
support for Lake Musconetcong Regional Planning Board grant application. Mr. Raths will check with Doug Zellman
prior to preparing a letter from the township.
F. Discuss letter to
Representative Frelinghuysen detailing transfer of chemicals on railroad
right-of-way and encouraging support of legislation to allow local
municipalities oversight on these types of operations. Mr. Raths will prepare a letter to our
Congressmen and U.S.
Senators.
INTRODUCTION OF PROPOSED ORDINANCES
None
HEARING AND ADOPTION OF ORDINANCES ON SECOND READING
None
INTRODUCTION AND ADOPTION OF RESOLUTIONS
06-192
A resolution incorporating by
reference herein and approving the following numbered resolutions listed on the
regular council meeting agenda for this date:
06-185, 06-186, 06-193, 06-195, 06-196,06-197, 06-198, 06-199, 06-200,
06-201, 06-202, 06-203, 06-204, 06-205, 06-206, 06-207, 06-208, 06-209, 06-210,
06-211, 06-212, 06-213, 06-214, 06-215, 06-216, 02-217, 06-218, 06-219, 06-220,
06-221, 06-222, 06-223, 06-224, 06-225, 06-226, 06-228, 06-229.
Councilman Zoschak made a motion to approve
Resolution 06-192. Mr. Smith seconded
the motion.
Roll Call: Mr. Zoschak ? Yes Mr. Smith ? Yes (recuse Chk40211)
Ms. DeFillippo ? Yes Mr. Hall ? Yes
Mayor Schmidt ? Yes ( recused
06-216)
Motion Carried 5 to 0
06-185 A resolution authorizing the award of a Professional Engineering Services
Contract to Thomas Grau, P.E., of Hatch Mott MacDonald for general engineering
services ? Year 2006 for the Water Utility.
06-186 A resolution authorizing the award of a Professional Engineering Services
Contract to Thomas Grau, P.E., of Hatch Mott MacDonald for general engineering
services ? Year 2006 for the Sewer Utility.
06-193 A resolution approving the 2005 Annual Audit
for the Township
of Roxbury.
06-194 A resolution authorizing
the execution of a Memorandum of Agreement between the Township of Roxbury and
Renaissance Village Associates, LLC and Wellfleet Developers, Inc.
Councilman Zoschak made a motion to approve
Resolution 06-194. Mr. Smith seconded
the motion.
Roll Call: Mr. Zoschak ? Yes Mr. Smith ? Yes
Ms. DeFillippo ? Yes Mr. Hall ? Yes
Mayor Schmidt ? Yes
Motion Carried 5 to 0
06-195 A resolution authorizing
the acceptance of a cash bond for final site plan for Armino Landscape for
property located on Shippenport
Road, Block 10101, Lot
32.
06-196 A resolution of
the Township Of Roxbury,
County of Morris,
State of New Jersey,
authorizing the award of contract to Building Inspection Underwriters, Inc.
06-197 A
resolution authorizing refund of application fee 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.
06-198 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.
06-200 A resolution granting renewal of Liquor License
#1436-33-019-010 for Chi-Chi?s, Inc., t/a Chi-Chi?s Mexican Restaurant and
directing Licensing Officer to deliver the same.
06-201 A
resolution granting renewal of Liquor License #1436-44-015-005 for A.J.S.J.N.J.
Corporation, t/a Jacks Joy Deli and directing Licensing Officer to deliver
same.
06-202 A resolution granting renewal of
Liquor License #1436-44-006-005 for HET, Inc., t/a Kelly?s Market and directing
Licensing Officer to deliver same.
06-203 A resolution granting renewal of
Liquor License #1436-44-010-005 for Lakeside Spirits, Inc., t/a The Liquor
Factory and directing Licensing Officer to deliver same.
06-204 A resolution granting renewal of
Liquor License #1436-33-016-005 for Danielle?s Pub, Inc., t/a Danielle?s and
directing Licensing Officer to deliver same.
06-205 A resolution granting renewal of
Liquor License #1436-33-011-003 for Landing Operating Company and Cabaret, t/a
Landing Operating and Cabaret and directing Licensing Officer to deliver same.
06-206 A
resolution granting renewal of Liquor License #1436-44-018-007 for Ledgewood
BK, Inc., t/a Bottle King Discount Liquors and directing Licensing Officer to
deliver same.
06-207 A resolution granting renewal of
liquor License #1436-33-004-003 for Bensi of Roxbury, LLC t/a Bensi and
directing Licensing Officer to deliver same.
06-208 A resolution granting renewal of
Liquor License #1436-33-013-007 for 1447 Route 46 Enterprises LLC t/a Muldoon?s
and directing Licensing Officer to deliver same.
06-209 A resolution granting renewal of Liquor
License #1436-33-006-015 for Outback/Metropolis-I Limited Partnership t/a
Outback Steakhouse and directing Licensing Officer to deliver same.
06-210 A resolution granting renewal of
Liquor License #1436-33-009-003 for GMRI, Inc., t/a Red Lobster and directing
Licensing Officer to deliver same.
06-211 A
resolution granting renewal of Liquor License #1436-36-017-009 for Rosspark
Enterprises, inc., t/a Rossi?s and directing Licensing Officer to deliver same.
06-212 A
resolution granting renewal of Liquor License #1436-44-002-005 for Pat?s
Beverage, LLC t/a Shoprite Wines & Spirits and directing Licensing Officer
to deliver same.
06-213 A resolution granting renewal of
Liquor License #1436-33-012-004 for Ruby Tuesday, Inc., t/a Ruby Tuesday and
directing Licensing Officer to deliver same.
06-214 A resolution granting renewal of
Liquor License #1436-31-022-001 for Shore Hills Country Club, t/a Shore Hills
Country Club and directing Licensing Officer to deliver same.
06-215 A resolution granting renewal of
Liquor License #1436-31-023-001 for Swim & Sport Club, Inc. t/a Swim and
Sport Club and directing licensing officer to deliver same.
06-216 A resolution granting renewal of
Liquor License #1436-31-024-001 for A & H Meeker VFW Post #2833, Inc., t/a VFW
Post 2833 and directing Licensing Officer to deliver same.
06-217 A resolution granting renewal of
liquor license #1436-33-014-010 for TGI Friday?s, Inc., t/a TGI Friday?s and
directing Licensing Officer to deliver same.
06-218 A resolution
authorizing submission of an application for the Roxbury Municipal Alliance
Grant.
06-219 A
resolution authorizing an Interlocal Services Agreement between the Lake
Hopatcong Commission and the Township of Roxbury for catch basin maintenance
services.
06-220 A
resolution authorizing the approval of an amendment to the Health Insurance
Policy of the Employee Personnel Manual.
06-221 A resolution authorizing the refund of taxes.
06-222
A resolution authorizing the award of a contract to Power Place for the
purchase of a new Toro Turf Mower.
06-223 A resolution
authorizing the purchase of water meters and radio interface units from Rio
Supply Inc.
06-224 A resolution authorizing the purchase
of shelving and workbenches from Global Equipment Company.
06-225 A resolution authorizing the award of
a contract to Tilcon New York
Incorporated for milling and paving of various roads in Port Morris and in
Shore Hills Areas of the Township.
06-226 A resolution approving the NJDOT resolution,
application and agreement for State Aid to Municipalities Fiscal Year 2007,
under the New Jersey Transportation Trust Fund Authority Act for the Phase III
portion of Emmans Road
resurfacing.
06-227 A resolution authorizing the award of
a contract to Sign A Rama, for the purchase of a new sign at Horseshoe Lake
entrance, 72 Eyland Avenue,
Succasunna, New Jersey
- Pulled
06-228 A resolution approving Change Order No. 1 to
the contract with Covino & Sons Construction Company, Inc. for the Dell
Avenue Sidewalk Construction Project Contract ?A?.
06-229 A resolution authorizing payment of bills.
PERSONNEL CHANGES
Memo from Judy Riley dated
June 8, 2006.
Communications
May 26, 2006
#8 Correspondence from Lucy Voorhoeve, Executive
Director, Council on Affordable Housing, State of New
Jersey to The Honorable Martin Schmidt, Roxbury Township Mayor
dated May 24, 2006 RE: Roxbury Township?s
Housing Element and Fair Share Plan: Mr.
Raths stated that it is being worked on at this time by Russell Stern, Township
Planner.
#11 Invitation to
Attend N.J. Highlands: Taking Planning
to the Next Level Work-shop from The Association of New Jersey Environmental
Commissions (ANJEC) on Thursday, June 22, 2006 from 6:30 PM ? 9:30 PM at the Morris County
Cultural Center,
300 Mendham Road, Morristown:
Mr. Raths will confirm attendance.
June 2, 2006
#9 Correspondence from
Anthony Bucco, Township Attorney to Christopher Raths, Township Manager dated
May 26, 2006 RE: Non-Exclusive License Township of Roxbury and Ledgewood Park
Preservation Society, Inc: Mr. Bucco
needs the address, block, lot and size.
Mr. Raths will send a memo.
#21 Correspondence from Christopher Raths,
Township Manager to Mr. Ernest Gefert of One Riggs Avenue, Landing dated June 1,
2006 RE: Response to Complaint Regarding the McNear. Councilman Zoschak would like Mr. Bucco to
look into.
June 9, 2006
No Comments
PUBLIC PORTION
Robert Kluska
Emmans Road
Mr. Kluska stated that the Horseshoe Lake sign should be elevated high. Also the Ever Young Seniors 25th
Anniversary are being celebrated next week.
Mr. Kluska also stated that he was happy to discussions pertaining to
retention basins. Mr. Kluska
specifically stated that the Emmans
Road basin needs a lot of help. Mr. Raths stated that the basins should look
manicured like a lawn.
EXECUTIVE SESSION
06-230 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. Smith made a motion to
approve resolution 06-230. Mr. Hall
seconded the motion.
Roll Call: All In Favor ? Yes
Motion Carried 5 to 0
Council went into Executive
Session at this time.
At 10:05 PM Council returned
to the Regular Meeting.
06-231 Resolution authorizing settlement of
the 2006 County Tax Board Appeal
Involving Block
9603, Lot 9, known as the Days Inn
Hotel
Mr. Hall made a motion to
approve Resolution 06-231. Mr. Smith
seconded the motion.
Roll Call: All In Favor ? Yes Motion Carried 5 to 0
ADJOURNMENT
At 10:10 PM Mr. Hall made a motion to adjourn the
meeting. Mr. Smith seconded the motion.
Roll Call: All In
Favor - yes
Motion Carried 5 to 0
SUBMITTED BY:
_________________________
BettyLou DeCroce
Township Clerk
MINUTES APPROVED BY COUNCIL:
DATE: November
13, 2006
ROLL CALL: Mr.
Zoschak ? yes Mr. Smith ? yes
Mr.
Ciaramella ? yes Mrs. DeFillippo ? yes
Mr.
Hall ? yes Mr. Rilee ?
abstain
Mayor
Schmidt - yes