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January 9, 2007

 

A Regular Meeting of the Township Council of the Township of Roxbury was held on January 9, 2007 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, 2007; notice was posted on the bulletin board in the main hallway of the Municipal Building on January 5, 2007.

 

ROLL CALL (Present):  Councilwoman Kathy DeFillippo, Councilmen Fred Hall, Jim Rilee, Richard Zoschak, Tim Smith, Martin Schmidt and Mayor John Ciaramella

 

ALSO PRESENT:  Christopher Raths, Township Manager; Anthony Bucco, Township Attorney and Janet Rieth, Deputy Township Clerk

 

PRESENTATIONS

Mr. Louis Catalano, a resident of Roxbury Township, presented the Township with the lithograph, “Valley of Tears”, in honor of the fallen Vietnam Veterans.  He thanked the Township, on behalf of the Veterans, for accepting the print that he knows will be seen by everyone who comes into the building.  Mr. Raths advised that when the lithograph is hung in Town Hall, there will also be a plaque stating that it was donated by Mr. Catalano.  Mr. Raths will advise Mr. Catalano when the lithograph is hung.

 

Mr. Raths advised that Robert Kuncken, IT Director, received an Honorable Mention Certificate from the 45th Annual Municipal Public Information Contest sponsored by the Center for Government Services, New Jersey State League of Municipalities, and New Jersey Municipal Management Association.

 

APPROVAL OF MINUTES

November 29, 2006, Neighborhood Council Meeting

December 2, 2006, Budget Meeting

January 2, 2007, Reorganization Meeting

 

Mr. Zoschak made a motion to approve the above Minutes.  Mr. Schmidt seconded the motion.

 

Mr. Rilee stated that on the November 29th and December 2nd Minutes he will only be voting yes for the portion that he attended.

 

Roll Call:

Mr. Zoschak – yes       Mr. Schmidt – yes

Mrs. DeFillippo – yes   Mr. Hall – yes (abstain on November 29th)

Mr. Rilee – yes (with stipulations noted above)

Mr. Smith – yes            Mr. Ciaramella – yes

 

Motion carried 7 – 0 with one abstention on November 29th

 

PUBLIC PORTION

Dennis Wine, 4 Holly Drive, Succasunna, stated that Civil Unions could have a severe impact on the budget, pertaining to benefits allowed, and questioned if the Township has looked into this.  Mr. Raths advised that the Township is looking at this.

 

Mr. Smith stepped down from the following discussion due to a potential conflict of interest.

 

Paul Nusbaum, Esq., representing Merry Heart Nursing Home, stated that he received a call from Mrs. Bonafacio advising that Merry Heart is ready for their building permit.  The Building Department would like a letter from the governing body stating that the Mt. Laurel contribution will be in abeyance until the Certificate of Occupancy is received.   Mr. Rilee stated that he was of the understanding that they would be allowed a building permit. Mr. Bucco stated that Mr. Stern, Township Planner contacted Sean Thompson of COAH, regarding the COAH audit and the Township can issue the building permits and make a determination regarding the fees at a later date.  Mr. Raths will have  the permits ready tomorrow.

 

At this time Mr. Smith returned to the dais.

 

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

New Business

Mr. Zoschak stated that Bill Clark, the Lake Hopatcong Commission’s supervisor, passed away.  Mr. Zoschak and Mr. Schmidt attended the wake.

 

Mr. Zoschak requested an update on the letter to Mt. Arlington regarding collection of the water bill. Mr. Raths advised that it will go out by the end of next week.

 

Mr. Zoschak advised that residents of Larson Lane have contacted him regarding their polling location.  They currently vote at the Berkshire Valley Firehouse and would like to vote at Nixon School as it is closer to their home.  Mrs. DeCroce advised that the Township would have to make a decision by 2008 for it to take affect in 2010.  Mr. Zoschak would like Council to provide Mrs. DeCroce with the approval of the change.  Mr. Rilee stated that it is not necessarily a Council decision, but a note should be put in the file for the next redistricting. 

 

Mr. Hall requested an update on the letter that was sent to the Department of Transportation regarding Commerce Boulevard.  Mr. Raths stated that he has not received a formal response. However, he received an email from Mr. Tom Sohn, Project Coordinator, stating that he is receptive to the Hillside Avenue and Mary Louise project moving forward prior to any work on the Commerce Boulevard intersection.  He will discuss this with his superiors.  Mr. Raths will follow up.

 

Mr. Hall requested an update on the hunting issue on Mooney Mountain.  Mr. Raths advised that the Township cannot restrict hunting because the land was purchased with Green Acres money.  The resident who contacted the Township has been advised of this.  Mr. Raths will have Mr. Stierli post safety zone signs.  

 

Mr. Hall requested an update on the security system plan for Court that Council received and asked if this is finalized version, as he has comments.  Mr. Raths stated that it is not the final version and he will give Mr. Hall’s comments to Judge Wronko.  Mr. Raths also stated that this will be discussed further during the budget process.

 

Mr. Hall asked if a meeting has been scheduled pertaining to the online registration regarding recreation programs.  Mr. Raths will speak with Dave Stierli.

 

Mr. Hall attended the Board of Education meeting last night.  He will distribute a letter from a Mt. Olive resident regarding Roxbury coaches.

 

Mr. Hall advised that there will be a  shared services meeting tomorrow at 5:30 PM.

 

Mr. Hall advised that the Recreation Advisory Board will meet on Saturday.

 

Mr. Zoschak stated that he spoke with Senator Bucco’s office and money has been allocated to repair the  Landing sea wall.

 

Mr. Smith stated that the Open Space Committee met.  There is a resolution on the Agenda tonight to hire an environmentalist to do work on the McNear property.  Mr. Raths will be sending a letter to the Swim and Sport Club with a formal offer. Mr. Smith advised that the Open Space Committee will continue to meet during the day time, primarily because of access to staff and maps.

 

Mr. Smith advised that the Water/Sewer Committee met.  The Villages will get their water via Shippenport Road, not Orben Drive.  Regarding the interconnect with Roxbury Water Company, it is questionable if the pipe will fit through the sleeve under the railroad.  Mr. Kobylarz, Mr. Grau and Mr. Hosking will meet to discuss this issue.

 

 

Mr. Smith stated that an expert on Special Improvement Districts attended the last Economic Development Committee to look at the Route 46 corridor to determine if this area might be considered as a special improvement district.  The opinion was that, if the Township does not have the cooperation of the property owners, then a redevelopment district might be considered.  The Economic Development Committee will hold two meetings with the property owners to get their opinion.

 

Mr. Smith stated that the Arts plan is approximately two months from being finalized.  Mr. Smith will then bring a formal plan to Council. 

 

Mr. Schmidt stated that there will be a DPW Committee meeting on Monday, January 15th.

 

Mr. Schmidt advised that the next Neighbors helping Neighbors dinner will take place mid February.

 

Mrs. DeFillippo attended the Zoning Board meeting last night.  She had previously requested that Mr. Stern add a column to his year end report regarding the approval of applications to reflect that approvals are not given out freely and that many modification take place.  Mr. Raths will speak with Mr. Stern and suggest that he add a column “Approved with Modifications”.  

 

Mrs. DeFillippo stated that there is a home for sale across from the Nixon School and the sign states that it is a  3 family home.  Mr. Raths will check into this.

 

Mrs. DeFillippo requested an update on the lease renewal with the Board of Chosen Freeholders and the railroad.  Mr. Raths advised that they are now sending out the requests for proposals and the lease will be renewed in January 2008.

 

Mrs. DeFillippo reminded everyone of the Township Neighborhood meeting on January 31st at the Senior Center.  She is working with the Clerk’s office for the Press Release and Flyers.

 

Mr. Smith advised that he spoke with Freeholder Inglesino and Freeholder Schrier  and neither one of them has seen the Township’s letter regarding the railroad.  Mr. Raths will contact the Freeholder Clerk’s office to make sure each one gets a copy of the letter.

 

Mr. Rilee requested an update on the problems with the Fire Department radios.  Mr. Raths advised that improvements have been made. However, Warner Communications has been bought out by another firm and the new firm has not addressed the issues in writing.  Chief Noll will have the report by the January 23rd meeting.  Mr. Rilee stated that something needs to be done now and he would like the issue resolved.

 

Mr. Rilee requested an update on the drainage issue on Hillside Avenue in the area of IHOP.   Mr. Blood stated that this is a County culvert, but there are also DEP issues.  The flooding is being caused by the restriction that the bridge is making with the river passing by IHOP.  Mr. Raths will have Mr. Kobylarz provide Council with an update.  

 

Mr. Rilee  advised that he and Mayor Ciaramella met with Freeholder Schrier last Friday regarding the Morris County Municipalities Authority and the bike path.  Mr. Rilee will meet with Mr. Hall and Mr. Raths to bring them up to date.

 

Mayor Ciaramella stated that he received a call from Delsea Exterminators regarding the time and date of the Economic Development Committee meeting with the Route 46 property owners.  Mayor Ciaramella advised him to contact Mr. Raths.

 

Mayor Ciaramella read the following statement:

“On January 2, 2007 during the public portion of the Council meeting I was asked for my opinion on Civil Union.  With the excitement of the Reorganization and the swearing in as Mayor, I had not completed the review of the Attorney General’s report.  After follow up of this review, it is clear as Mayor, that I must perform the Civil Union ceremony.  Due to my Catholic upbringing, I believe the ceremony of marriage is between man and woman and, therefore, I do not support the legislation.  However, with my option to continue to perform marriages, I will also decide to perform the Civil ceremonies.  This is part of my Township duties as Mayor.”

Old Business

Procurement Policy

No discussion

 

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

NONE

 

DRAFT ORDINANCES FOR DISCUSSION

NONE

 

INTRODUCTION OF PROPOSED ORDINANCES

NONE

 

HEARING AND ADOPTION OF ORDINANCES ON SECOND READING

NONE

 

INTRODUCTION AND ADOPTION OF RESOLUTIONS        

07-37  A Resolution Incorporating by Reference Herein and Approving the Following

 Numbered Resolutions Listed on the Regular Council Meeting Agenda for this Date:

 07-15, 07-16, 07-17, 07-18, 07-20, 07-21, 07-22, 07-23, 07-24, 07-25, 07-26,

 07-27, 07-28, 07-29, 07-30, 07-31, 07-32, 07-33, 07-34, 07-35

 

Mr. Rilee made a motion to adopt Resolution 07-37.  Mr. Smith seconded the motion.

 

Roll Call:

Mr. Rilee – yes Mr. Smith – yes

Mrs. DeFillippo – yes   Mr. Hall – yes

Mr. Schmidt – yes        Mr. Zoschak – yes

Mayor Ciaramella – yes

 

Motion carried 7 – 0

 

07-15  A resolution in support of the New Jersey Knowledge Initiative (NJKI)

 

07-16  A resolution authorizing the refund of taxes

 

07-17    A resolution Urging the State to reconsider its method of funding pension liabilities for

local government entities

 

07-18    A resolution Authorizing a Lease with the Morris County Department of Aging for the

Nutrition Center, Mill Road

Mr. Raths will look at  rent  and utility payments to determine  what it costs the Township  to run this building.    Mr. Hall will bring this up as a shared services item with the Board of Education at the shared services meeting tomorrow.

 

07-20     A resolution authorizing the Mayor and Township Clerk to enter into agreement with

Golub Animal Hospital for Cat Impound Services, CY 2007

 

07-21     A resolution A resolution authorizing the Mayor and Township Clerk to enter into

agreement with Golub Animal Hospital for Dog Impound Services, CY 2007

 

07-22     A resolution authorizing the acceptance of a conservation easement from Paul and Mary

Sue Stumpf over a portion of Lots 9.01 and 9.02, Block 5401, more commonly known as 15 Brandywine Court

 

07-23     A resolution authorizing the Municipal Assessor and Municipal Attorney to answer,

defend, initiate and settle certain local property tax appeals before the Morris County Board of Taxation and the Tax Court of the State of New Jersey for the 2007 Tax Year

 

07-24     A resolution authorizing Roxbury Township to enter into a contract with St. Clare’s

Hospital for Male Cancer Screening

 

07-25     A resolution authorizing the Tax & Utility Collectors to process the cancellation of any

property tax, sewer or water utility refund or delinquency for 2006 of less than $10.00

 

07-26  A resolution authorizing the refund of water payment

 

07-27  A resolution authorizing the refund of sewer utility overpayment

 

07-28  A resolution authorizing the refund of taxes

 

07-29  A resolution amending the Membership of The Township Fire Department

 

07-30    A resolution authorizing the purchase of seven E-one series 200 Grinder Pumps for the

 sewer utility from Tom Valiante and Son

The Department of Public Works will provide Council with a tracking program for the last five years on the rebuild and replacement of the pumps. Mr. Blood will research the files to determine if there was an agreement with the residents for the Township to replace the pumps.  If there was no agreement, the Township will draw up a policy for future repairs and/or replacements.

 

07-31    A resolution authorizing the purchase of one Switch-N-Go equipment body with

accessories for the Road Department from Tony Sanchez LTD

Mr. Blood stated that this provides more versatility with the existing number of chassis that the Township owns.

 

07-32    A resolution authorizing the award of a contract for sidewalk repairs by slab jacking to

 CRC, Concrete Raising of South Jersey, Inc.

A list of sidewalk repairs will be in the Capital Budget presentation.

 

07-33    A resolution authorizing the award of a contract to Amy S. Green, Environmental

Consultants to provide Wetlands Services for McNear Property block 101;  Lot 23 - 15.86 acres

 

07-34    A resolution authorizing the award of a contract to Fania Roofing Company for an

Infrared Roof moisture survey for 1715 Route #46, Ledgewood, NJ, Municipal Building

 

07-35  A resolution authorizing payment of bills

 

 

07-19     A resolution approving a person-to-person and place-to-place transfer of Liquor License

#1436-44-015-005 from A.J.S.J.N.J. Corporation, T/A Jacks Joy Deli, to GBB Enterprises, L.L.C., T/A The Market Place

 

Mr. Smith made a motion to adopt Resolution 07-19.  Mr. Hall seconded the motion.

 

Roll Call:

Mr. Smith – yes            Mr. Hall -  yes

Mrs. DeFillippo – yes   Mr. Rilee – abstain

Mr. Schmidt – yes        Mr. Zoschak – yes

Mayor Ciaramella – yes

 

Motion carried 6 – 0 with one abstention

 

PERSONNEL CHANGES

Memo from Judy Riley dated January 4, 2007

 

At this time, Mayor Ciaramella amended the Agenda to the Public Portion. 

 

PUBLIC PORTION

Lowell Walker,  Mine Hill, thanked the Township for adding the names to the Township’s War Memorial.

 

 

COMMUNICATIONS

December 15, 2006

Mr. Zoschak made a motion to file the December 15, 2006 Communications.  Mr. Rilee seconded the motion.

 

Roll Call:

Mr. Zoschak – yes       Mr. Rilee – yes

Mrs. DeFillippo – yes   Mr. Hall – yes

Mr. Schmidt – yes        Mr. Smith – yes

Mayor Ciaramella – yes

 

Motion carried 7 - 0

 

December 29, 2006

#12 – Mayors Fax Advisory from William G. Dressel, Jr., Executive Director of NJLM, dated December 14, 2006, re: “BRAC” Bill Municipal Consolidation – Council will wait for additional information.

 

#17 – E-mail Correspondence from William Dressel, Jr., Executive Director of NJLM, dated December 21, 2006, re: Regional Contribution Agreements (RCA) – A-3857 –

Mr. Rilee made a motion for a resolution to be prepared opposing A-3857.  Mr. Hall seconded the motion.

 

Roll Call:

Mr. Rilee – yes Mr. Hall – yes

Mrs. DeFillippo – yes   Mr. Schmidt – yes

Mr. Smith – yes            Mr. Zoschak – yes

Mayor Ciaramella – yes

 

Motion carried 7 – 0

 

#18 – Mayors Fax Advisory from William Dressel, Jr., Executive Director of NJLM, dated December 22, 2006, re: S-457/A3870, Time of Decision –  We will resend our previous resolution.

 

#22 – Correspondence from William R. Testa, Executive Director of the Morris ARC to Mayor Martin Schmidt, dated December 20, 2006, re: Return of Payment Made in the Amount of $1,048.25

Mr. Smith made a motion for the money to be sent back to ARC.  Mr. Schmidt seconded the motion.

 

Roll Call:

Mr. Smith – yes            Mr. Schmidt – yes

Mrs. DeFillippo – yes   Mr. Hall abstain

Mr. Rilee – abstain       Mr. Zoschak – yes

Mayor Ciaramella – yes

 

Motion carried 5 – 0 with 2 abstentions

 

January 5, 2007

#1 Correspondence from Christopher Raths, Township Manager to Mayor/Council, dated January 5, 2007, re: Information Update – (#1) DPW Facility – The 10% profit is what the firm doing the work will make.

 

 

PUBLIC PORTION

Previously Discussed

 

EXECUTIVE SESSION

07-36     A 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. Zoschak made a motion to adopt Resolution 07-36 for Executive Session.  Mr. Rilee seconded the motion.

 

Roll Call:

Mr. Zoschak – yes       Mr. Rilee – yes

Mrs. DeFillippo – yes   Mr. Hall – yes

Mr. Schmidt – yes        Mr. Smith – yes

Mayor Ciaramella – yes

 

Motion carried 7 – 0

 

 

At 9:38 PM Council returned to the Regular Meeting.  Mr. Hall made a motion for a resolution to be prepared opposing S-2, the State Comptroller Bill.  Mr. Rilee seconded the motion.

 

Roll Call:

Mr. Hall – yes              Mr. Rilee – yes

Mrs. DeFillippo – yes   Mr. Schmidt – yes

Mr. Smith – yes            Mr. Zoschak – yes

Mayor Ciaramella – yes

 

Motion carried 7 - 0

 

ADJOURNMENT

At 9:40PM Mr. Rilee made a motion to adjourn the Regular Meeting.  Mr. Schmidt seconded the motion.

 

All In Favor – yes

 

Submitted By:

 

 

 _________________________

BettyLou DeCroce

Township Clerk           

MINUTES APPROVED BY COUNCIL

DATE:                        February 20, 2007

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

                                    Mrs. DeFillippo – yes   Mr. Zoschak – yes

                                    Mayor Ciaramella - yes