December 12, 2006
A Regular
Meeting of the Township Council of the Township of Roxbury was held on December
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 (Present): Councilman Fred Hall, Jim, Rilee, Richard Zoschak,
Tim Smith, John Ciaramella and Mayor Martin Schmidt
ABSENT: Kathy DeFillippo
ALSO PRESENT: Christopher Raths, Township Manager; Tony Bucco,
Township Attorney; BettyLou DeCroce, Township Clerk
PRESENTATIONS - None
APPROVAL OF MINUTES
October 24, 2006 – Workshop
Meeting
November 28, 2006 –
Executive Session –HOLD FOR EXECUTIVE SESSOIN
November 13, 2006 - Regular
Councilman Rilee made a motion to approve the minutes of
10/24/06 and 11/13/06. Councilman Smith
seconded the motion.
Roll Call: Mr. Rilee – Yes Mr.
Smith - Yes
Mr. Ciaramella – Yes Mr. Hall – Yes
Mr. Zoschak – Yes Mayor
Schmidt – Yes
Motion Carried 6 to 0
PUBLIC PORTION
Robert Davenport
73 Eyland Avenue
Succasunna
Mr. Davenport stated that he
has brought up issues in the past regarding ice build up on the edge of 176
Eyland Avenue. Last year the residents
of 176 Eyland Avenue had their mailbox hit twice and taken down.
Mr. Raths will have the
Engineering Department take a look at the problem.
REPORTS OF COUNCIL LIAISON
REPRESENTATIVES, COUNCIL COMMITTEES AND NEW BUSINESS/OLD BUSINESS
Councilman
Tim Smith did not have any new /old business for discussion at this time.
Councilman
Zoschak advised Council that there was a preliminary meeting of CDBG and they
will be allowing one application from the municipalities and one “Not For
Profit Organization”.
Councilman
Zoschak stated that there was TMDL (storm water management) meeting with Mike
Kobylarz, Township Engineer and everything is going well. The Township is
trying to pursue a county grant with the aid of Ray Zabihach from the County
Planning Department.
Councilman
Rilee stated the Highlands Committee released their report and we should look
into it. Mr. Raths stated that on Dec.
5th he had Russ Stern look into it and he feels that the time frame
and the report is so extensive that we need additional time in order to
properly respond.
Councilman
Rilee made a motion that we send a letter to the Highlands Commission advising them
of our displeasure and also be adamant with regard to the minimum time period
to respond. Mr. Rilee further stated
that we should demand that time be extended by the minimum of ninety days. Councilman Hall seconded the motion.
Roll
Call: Mr.
Rilee – Yes Mr. Hall – Yes
Mr.
Ciaramella – Yes Mr. Smith – Yes
Mr.
Zoschak – Yes Mayor Schmidt – Yes
Motion
Carried 6 to 0
Councilman
Fred Hall stated that there would be a Shared Services Meeting next week with
the Roxbury Board of Education. He will
keep everyone up to date.
Councilman
Hall discussed the current situation with regard to minutes, resolutions,
ordinances, etc. which is out of control because of all the paperwork. Mr. Hall also stated that we need to address
a plan to eliminate the extensive use of paper. It is also imperative that the
Township preserve all the minutes that we have back to the 1700’s.
Township
Clerk, BettyLou DeCroce stated that she agrees with Mr. Hall. Ms. DeCroce continued to discuss the fact
that there is duplication of records throughout the building. Ms. DeCroce further stated that she has met
with the County and is working with them on securing funding through the PARIS
Grants. Ms. DeCroce further stated that
there are minutes back to the 1700’s and the Township needs to take a position
with regard to the restoration of the books.
Ms. DeCroce advised Council that the state only approves Microfiche of
documents and then they can be destroyed with written approval by the
state. Mr. Bucco advised that the State
dictates what method can be used with regard to permanent records. Ms. DeCroce
stated that once we have documents scheduled for destruction we would be able
to shred those documents, which will free up space in the building. Mr. Smith questioned if these documents were
electronically archived wouldn’t that make it more efficient for the public to
access. Ms. DeCroce agreed that it is a
lot more efficient for the public to be able to access records through the
Internet. But we also need to make sure
that there is paper back up for what ever we have on the Internet. Mr. Hall stated that he feels we need to
become paperless in the future. Mr.
Bucco cautioned that you still have to have approval from the state as to what
has to be archived permanently on paper.
Mr. Hall stated he will work with Ms. DeCroce and Mayor Schmidt stated
he would help.
Mr.
Hall discussed property tax reform. He
advised that the state is looking into eliminating local Tax Assessors and
having the Counties provide the service.
Mr. Raths stated that the discussions pertaining to this issue have been
tabled by the state at this time.
Councilman
Ciaramella stated that there would be an Economic Development Committee meeting
scheduled for 12/21/06 at 7:00 AM.
Councilman
Ciaramella also stated that there would be a Street Scape meeting tomorrow
evening at 7:00 PM. Future meetings
will be at 7:30 PM.
Mr.
Ciaramella stated that the Township should take a closer look at shared
services on solid waste removal.
Mayor
Schmidt stated that there would be an Environmental Commission meeting tomorrow
night at 7:30 PM.
Councilman
Rilee stated that there was a Neighborhood Meeting last week and it went very
well with a big turnout.
Councilman
Ciaramella stated that the tree lighting with Santa Clause last evening at the
Community Center was well attended.
Councilman
Zoschak stated that he spoke with Janice Christensen, Valley National Bank,
Manager at the Neighborhood Meeting and Valley National Bank is interested in
sponsoring some type of summer program with Recreation.
BettyLou
DeCroce, Township Clerk stated that she passed out to Council the December
issue of the Image and noted that the Neighborhood Meeting dates are in the
issue.
Chris
Raths, Township Manager stated that there is currently discussion pertaining to
sidewalks on Regar Road. Mr. Raths
stated they should send out a survey prior to any decisions.
Mr.
Raths also stated that in the Image there was an error in that Corwin Street
was paved and it has not been paved.
Mr.
Raths stated that Mt. Arlington Boro, wants to maintain the Island on Bertrand
Island Way a portion of which is in Roxbury Township. Mr. Raths further stated
that Mt. Arlington wanted to have the property deeded to them. Mr. Raths stated if they maintained it, it
would be a lot easier. Council will take that under consideration.
Discussion
then took place with regard to the new railroad station that is being
built. Because of the geographic
location in Mt. Arlington and the fact that in order to get to the station you
have to ride thru Roxbury the signage identifying the station should read
Mt.
Arlington/Roxbury Township Train Station.
Mr.
Smith made a motion for a resolution to be prepared by Mr. Bucco. Mr. Smith noted that it should be written
in a way that both communities are pivotal in the operations of the station and
it would be beneficial to the patrons to recognize that both municipalities are
located in the hub of the station.
Mr.
Rilee seconded the motion.
Roll
Call: Mr. Smith – Yes Mr. Rilee – Yes
Mr. Ciaramella – Yes Mr.
Hall – Yes
Mr. Zoschak – Yes Mayor Schmidt – Yes
Motion
Carried 7 to 0
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.
vii. Traffic Circulation Advisory Committee
MATTERS REQUESTED/REFERRED
BY COUNCIL MEMBERS, MANAGER, ATTORNEY OR CLERK
A.
Renewal
County Lease with Morris and Erie Railroad
(Draft letter from Chris
Raths to Margaret Nordstrom)
Mr. Smith requested that
this letter be copied to all the Freeholders. Mr. Raths stated he would e-mail
this letter to Council tomorrow. Mr.
Smith wants copies of all prior correspondence in regards to the Morris &
Erie Railway to be copied with the
letter as well.
Mr. Raths stated that this
letter would go out on Friday.
DRAFT ORDINANCES FOR DISCUSSION
None
INTRODUCTION OF PROPOSED ORDINANCES
None
HEARING AND ADOPTION OF
ORDINANCES ON SECOND READING
25-06An ordinance amending the Revised General
Ordinances of the Township of Roxbury to Amend Chapter XXIV entitled “Fees”.
Mr.
Rilee made a motion to open 25-06 to the public. Mr. Hall seconded the motion.
Roll
Call: Mr. Rilee – Yes Mr.
Hall – Yes
Mr. Ciaramella – Yes Mr.
Zoschak – Yes
Mr. Smith – Yes Mayor
Schmidt – Yes
Motion
Carried 6 to 0
NO
PUBLIC INPUT
Mr.
Rilee made a motion to close 25-06 to the public. Mr. Ciaramella seconded the motion.
Roll
Call: Mr. Rilee – Yes Mr.
Ciaramella – Yes
Mr. Hall – Yes Mr. Smith – Yes
Mr. Zoschak – Yes Mayor
Schmidt – Yes
Motion
Carried 6 to 0
Mr.
Rilee made a motion to adopt 25-06.
Mr. Zoschak seconded the motion.
Roll
Call: Mr. Rilee – Yes Mr.
Zoschak – Yes
Mr. Ciaramella – Yes Mr.
Hall – Yes
Mr. Smith – Yes Mayor
Schmidt – Yes
Motion
Carried 6 to 0
26-06 An Ordinance Amending
and Supplementing Chapter II, Administrative Code, Section 2-9, Fire
Department, and Providing for Rules and Regulations for the Organization of the
Volunteer Fire Department of the Township of Roxbury and establishing a new
Section 2-20 Fire Police
Mr.
Zoschak made a motion to open 26-06 to the public. Mr. Rilee seconded the motion.
Roll
Call: Mr. Zoschak – Yes Mr.
Rilee – Yes
Mr. Ciaramella – Yes Mr.
Hall – Yes
Mr. Smith – Yes Mayor
Schmidt – Yes
Motion
Carried 6 to 0
NO
PUBLIC INPUT
Mr.
Zoschak made a motion to close 26-06 to the public. Mr. Rilee seconded the motion.
Roll
Call: Mr. Zoschak – Yes Mr.
Rilee – Yes
Mr. Hall – Yes Mr. Smith – Yes
Mr. Ciaramella – Yes Mayor
Schmidt – Yes
Motion
Carried 6 to 0
Mr.
Hall made a motion to adopt 26-06.
Mr. Ciaramella seconded the motion.
Roll
Call: Mr. Hall – Yes Mr. Ciaramella – Yes
Mr. Rilee – Yes Mr.
Smith – Yes
Mr. Zoschak – Yes Mayor
Schmidt – Yes
Motion
Carried 6 to 0
27-06 An Ordinance Authorizing the execution of a
Lease Agreement between the Township of Roxbury and the Dialysis Center of
Northwest New Jersey for use of certain real property and improvement location
at 175 Righter Road, Succasunna, New Jersey.
Mr.
Zoschak made a motion to open 27-06 to the public. Mr. Rilee seconded the motion.
Roll
Call: Mr. Zoschak – Yes Mr.
Rilee – Yes
Mr. Ciaramella – Yes Mr.
Hall – Yes
Mr. Smith – Yes Mayor
Schmidt – Yes
Motion
Carried 6 to 0
NO
PUBLIC INPUT
Mr.
Zoschak made a motion to close 27-06 to the public. Mr. Rilee seconded the motion.
Roll
Call: Mr. Zoschak – Yes Mr.
Rilee – Yes
Mr. Hall – Yes Mr. Smith – Yes
Mr. Ciaramella – Yes Mayor
Schmidt – Yes
Motion
Carried 6 to 0
Mr.
Hall made a motion to adopt 27-06.
Mr. Ciaramella seconded the motion.
Roll
Call: Mr. Hall – Yes Mr. Ciaramella – Yes
Mr. Rilee – Yes Mr.
Smith – Yes
Mr. Zoschak – Yes Mayor
Schmidt – Yes
Motion
Carried 6 to 0
INTRODUCTION AND ADOPTION OF
RESOLUTIONS
06-404 A resolution incorporating
by reference herein and approving the following numbered resolutions listed on
the workshop council meeting agenda for this date: 06-405, 06-406, 06-407,
06-408,06-409, 06-410, 06-412, 06-413, 06-414, 06-415, 06-416, 06-417, 06-418,
06-419, 06-420, 06-421, 06-422
Mr. Rilee made a motion to adopt Resolution
06-404. Mr. Zoschak seconded the
motion.
Roll Call:
Mr. Rilee – yes Mr.
Zoschak – yes
Mr. Ciaramella – yes Mr. Hall – yes
Mr. Smith – yes (recuse on check #42269)
Mayor Schmidt – yes (recuse on check #42061)
Motion carried 6 – 0 with one recusal on check
#42269 and one recusal on check #42061
06-405 A
resolution of the Township Council of the Township of Roxbury in support of the
proposed I80 Rock Fall Reduction safety improvements.
06-406 A
resolution authorizing the acceptance of a cash bond for soil moving permit for
Kenvil Medical/Donnelly Construction located on Rt. 46, Block 4002, Lot 6.
06-407 A
resolution authorizing the acceptance of a cash bond for soil moving permit for
Emanse Estates located on Route 46, Block 7502, Lot 6.
06-408 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.
06-409 A resolution authorizing the acceptance of a
cash bond for soil moving permit for E.J. Peters Co. Inc. located on Rt. 206,
Block 9203, Lot 1 and 2
06-410 A
resolution State of New Jersey department of environmental protection Green
Acres enabling resolution.
06-411 A
resolution authorizing an amendment to resolution No. 2006-178 entitled “A
resolution authorizing salaries and compensation for employees for the year
2006”. Hold for Executive Session.
06-412 A
resolution authorizing the acceptance of a deed of road dedication from Roy
Galvan and Kimberly Galvan to the Township of Roxbury across a port of Lot 7,
in Block 2603, 23 Ferro Monte Avenue in the Township of Roxbury.
06-413
A resolution of the Township of Roxbury requesting
written verification that the township’s sewer service area approval will not
be modified in any manner as a result of the Highlands Master Plan without the
consent of the Municipal Governing Body.
06-414 A
resolution authorizing the acceptance of a performance/restoration bond and
cash bond relating to tree and site clearing as authorized by the Township
planning board concerning the site plan of “Villages at Roxbury” located on
Shippenport Road, Block 17, Lot 7; Block 138, Lot 2; and Block 150, Lot 1.
06-415 A
resolution authorizing the award of a contact to Pumping Services, Inc. for a
spare pump for the Skyview Pump Station.
06-416 A
Resolution approving the New Jersey Department of Transportations (NJDOT)
application for federal and safe routes to school program for the Hillside
Avenue pedestrian and bicycle connection from the Lincoln/Roosevelt Schools to
the Township Public Library.
06 –418 A
Resolution appraising the New Jersey Department of Environmental Protection
2007 Recreational Trails Program Grant Application for the Township of Roxbury.
06-419 A
Resolution authorizing the release of a performance guarantee posted for
right-of-way excavation permit no. Oct1205 66 So. Second Avenue, Mine Hill
Block 2611, Lot 14
06-420 A
resolution amending the membership of the Township Fire Department.
06-421 A
resolution authorizing the transfer of funds
06-422 A
resolution authorizing payment of bills.
At 8:30 pm Council took a break.
At 8:40 pm Council resumed the meeting.
PERSONNEL CHANGES
Memo
from Judy Riley dated December 6, 2006.
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COMMUNICATIONS
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December 1, 2006
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December 8, 2006
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Mr. Rilee made a motion to file the
communications. Mr. Zoschak seconded
the motion.
Roll Call: All
In Favor – Yes
Motion Carried 6 to 0
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PUBLIC PORTION
Robert Kluska
Emmans Road
Mr. Kluska questioned the
monies being transferred out of the Senior’s budget. Mr. Raths stated that it is purely end of
the year transferring of funds that were paid out of other areas.
Joe Lang, Fire Chief
14 Conklin Road
Fire Chief Lang stated
he wanted to thank Mr. Bucco and Council for the revised ordinance for the
Fire Department.
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EXECUTIVE SESSION
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06-423 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.
Rilee made a motion to adopt Resolution 06-423 for an Executive Session. Mr. Zoschak seconded the motion.
Roll
Call: All In Favor – Yes
Motion
Carried 6 to 0
Council
went into Executive Session at 8:45 PM.
Council
returned to the Regular Meeting at 9:40 PM.
06-424
RESOLUTION
AUTHORIZING SETTLEMENT OF THE
2005
AND 2006 TAX APPEALS ENTITLED METRO PUBLIC STORAGE
FUND
VS. TOWNSHIP OF ROXBURY, DOCKET NOS. 003888-2005 AND
003613-06
INVOLVING BLOK 8601, LOT 1, LOCATED AT 4 ORBEN DRIVE
06-425
RESOLUTION
AUTHORIZING SETTLEMENT OF THE 2005 AND 2006 TAX APPEALS ENTITLED ACADIA
REALTY LIMITED PARTNERSHIP VS.
TOWNSHIP
OF ROXBURY, DOCKET NOS. 000165-2005 AND
003189-2006
INVOLVING BLOCK 6304, LOT 1, LOCATED AT 410 ROUTE 10
Mr. Rilee made a
motion to approve 06-424 and 06-425.
Mr. Zoschak seconded the motion.
Roll Call: Mr. Rilee – Yes Mr. Zoschak – Yes
Mr. Ciaramella – Yes Mr. Hall – Yes
Mr. Smith – Yes
Mayor Schmidt – Yes
Motion
Carried 6 to 0
Mr. Rilee made a motion to
approve Resolution 06-411, which is listed on the agenda for
approval. Mr. Zoschak seconded the
motion.
Roll Call: Mr. Rilee – Yes Mr. Zoschak – Yes
Mr. Ciaramella – Yes Mr. Hall – Yes
Mr. Smith – Yes Mayor Schmidt – Yes
Motion Carried 6 to 0
Mr. Rilee made a motion to
approve the November 28, 2006 Executive Session Minutes. Mr. Zoschak seconded the motion.
Roll Call: Mr. Rilee – Yes Mr. Zoschak– Yes
Mr. Hall – Yes Mr. Ciaramella
- Yes
Mr. Smith – Yes Mayor Schmidt – Yes
Motion Carried 6 to 0
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ADJOURNMENT
At 9:45 PM Mr. Rilee made
a motion to adjourn the Regular Meeting.
Mr. Zoschak seconded the motion.
Roll Call: All In Favor – Yes
Motion Carried 6 to 0
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_________________________
BettyLou DeCroce
Township Clerk
MINUTES APPROVED BY COUNCIL
DATE: March 13, 2007
ROLL CALL: Mr.
Rilee – yes Mr. Schmidt – yes
Mr. Hall – yes Mr.
Smith – yes
Mr. Zoschak – yes Mayor Ciaramella - yes