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March 13, 2007

 

A Regular Meeting was held by the Township Council of the Township of Roxbury on March 13, 2007 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, 2007; notice was posted on the bulletin board in the main hallway of the Municipal Building on January 5, 2007.

 

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

 

Also Present:  Christopher Raths, Township Manager; Anthony Bucco, Township Attorney and Janet Rieth, Deputy Township Clerk 

 

Absent:  Councilwoman Kathy DeFillippo was attending the Community Development Block Grant Committee meeting as a representative of the Township

 

PRESENTATIONS

 

APPROVAL OF MINUTES

October 24, 2006, Executive Session

December 12, 2006, Regular Meeting

January 23, 2007, Workshop Meeting

February 6, 2007, Executive Session

February 20, 2007, Executive Session

 

Mr. Rilee made a motion to approve the Minutes of October 24, 2006, Executive Session; December 12, 2006, Regular Meeting; January 23, 2007, Workshop Meeting and February 6, 2007, Executive Session.  Mr. Schmidt seconded the motion.

 

Roll Call:

Mr. Rilee – yes            Mr. Schmidt – yes

Mr. Hall – yes              Mr. Smith – yes

Mr. Zoschak – yes (abstain on January 23rd and February 6th)

Mayor Ciaramella – yes

 

Motion carried 6 – 0 with one abstention on January 23rd and February 6th

 

Mr. Schmidt made a motion to approve the Minutes of February 20, 2007, Executive Session.  Mr. Zoschak seconded the motion.

 

Roll Call:

Mr. Schmidt – yes       Mr. Zoschak – yes

Mr. Hall – yes              Mr. Rilee – abstain

Mr. Smith – abstain  Mayor Ciaramella – yes

 

Motion carried 4 – 0 with two abstentions

 

PUBLIC PORTION

Will be discussed later in the meeting.

 

Mayor Ciaramella amended the Agenda to discuss Reports of Council Liaison Representatives

 

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

Mr. Hall discussed the Recreational Master Plan and the efforts to install new fields.  The Township met with the Board of Education and discussed the possibility of sharing services and installing a turf field.  At the Board of Education meeting last night they agreed that this would be a good thing to move forward and they offered $20,000 per year towards the turf field.  This would not cover what is needed to install the field and the Recreation Advisory Committee will continue to move forward with fund raising.

 

At this time, Mayor Ciaramella opened the meeting to the public.

 

Mr. Cliff Reed, Dell Avenue, Kenvil, stated that taxes are going up and he does not feel $800,000 should be spent on a turf field.  Mayor Ciaramella stated it is planned for the field to be financed through fund raising and that it will not raise taxes. 

 

Robert Bells, 7 Memory Lane, Denville, dropped off an information packet opposing the Lackawanna Cut-off.  Mr. Bells stated that the Morristown/Erie Railroad recently bought the Staten Island/Rahway Valley Railroad. The Lackawanna cut off line would run from Staten Island to Pennsylvania and would cost $551 million to build.  Morristown/Erie petitioned and received authorization to haul containerized trash, which would run through New Jersey.  Mr. Bells would like Council to review the information and pass a resolution opposing the cut off.

 

Robert Kluska, Emmans Road, stated that he agrees with Mr. Reed regarding the turf field and feels that the Township has enough fields. Mr. Hall stated that this is not something that has occurred over a short period of time, but rather a problem that the Council has been addressing for a long period of time.  When it was brought to the Township’s attention that the Board of Education also has field problems, it was decided to evaluate a possible shared service.  Mr. Hall feels that this can be brought to a manageable level that would have little impact on the taxpayers and solve a long standing issue that has been addressed in the Recreation Master Plan.

 

Jim Gordon, 2 Reger Road, Chairman of Recreation Advisory Committee, thanked Council for being visionaries on recreation.  He understands the concern of residents regarding the tax rate and he feels that we have to look at alternative fundings.  Mr. Gordon discussed various ways of soliciting money to help fund the project and asked if the Council would look into the possibility of the 2% open space fund being used to take care of fields.  Mr. Rilee stated that one issue he has is that it looks like Mr. Gordon is trying to “fast  track” to get it done this year and not wait until next year.  Mr. Rilee further stated that he does not want to bond $800,000 this year until everything is worked out. 

 

Linda Alomay, 529 Dinah Road, Landing, spoke regarding trash and litter on her neighbor’s yard.  Mr. Raths will send the Code Enforcement Officer out to the site.

 

REPORTS OF COUNCIL LIAISON REPRESENTATIVES, COUNCIL COMMITTEES

Mr. Zoschak requested an update on the new Senior Bus.  Mr. Raths advised that it will be picked up within the next 2 weeks.

 

Mr. Zoschak questioned if the Shore Hills Park sign is in for repairs.  Mr. Raths advised that it is and he will check on the status.

 

Mr. Zoschak requested an update on the sign at the entrance to Horseshoe Lake.  Mr. Hall stated that it has taken longer than expected and  it will be on the next meeting agenda.

 

Mr. Zoschak stated that the Lake Hopatcong Commission will be meeting on Monday night.  The Commission may be shutting down if they do not receive funding from the State.

 

Mr. Smith thanked everyone who attended the Salazar family fundraiser last Saturday.  Over $6,000 was raised.  

 

Regarding open space, Mr. Smith advised that the Township is waiting for closing on the Villages property. Mr. Bucco stated that he received the final version of the contract today.   

 

Mr. Schmidt stated that the Environmental Commission will be presenting a plan to Council for a possible community garden at the Lines Farm.   

 

Mr. Schmidt stated that Fuddruckers held their Grand Opening yesterday and they are donating 50 cents on each order to Fire Company No. 1.

 

Mr. Rilee stated that he, Mr. Raths, the Fire Chiefs and Chief Noll met with Pinnacle regarding the faulty radio system. The biggest problem is the high/low band difficulties with the  dispatchers.  Mr. Rilee stated that the meeting was very productive and he gives Pinnacle a lot of credit for what has been accomplished.  If any Council members hear of problems they are to let Mr. Rilee know.

 

Mayor Ciaramella advised that Mrs. DeFillippo is absent because she is attending the second evening of Community Development Block Grant meetings on behalf of the township

 

Mayor Ciaramella requested that the Clerk’s office prepare a certificate of recognition for Alyssa Weickert who arranged the fund raiser for the Salazar family.

 

Mrs. Rieth stated that Mrs. DeFillippo would like to attend Congressmen Frelinghuysen’s Girl Scout event at Jockey Hollow and questioned if any other Council members would be attending.  Mayor Ciaramella stated that he would also attend.

 

Mr. Raths advised that the Main Street Streetscaping Committee presented their Community Development Block Grant application last night for the project on Main Street, Succasunna. 

 

Mr. Raths advised that the Cable Committee meeting was scheduled for last week; however, the representative from Verizon did not show.  They will meet again in two weeks.

 

Mr. Raths advised that Rod Schmidt, the new Construction Official, will be starting April 2.

 

Mr. Raths advised that there will be three grant presentations at the next meeting.

 

New Business

A.  2007 Budget

Mr. Raths would like anyone who has any questions or concerns on the budget to email them to him. The tentative date for introduction of the budget is March 27th.

 

Discussion ensued on the $10,000 for the Route 46 Corridor study.  Mr. Raths stated that he feels it is a very important project and it is needed to plan for elements that will be coming along the corridor. Mr. Rilee stated that he will speak with the Master Plan Committee regarding this at their next meeting.

 

Old Business

Procurement Policy

Mr. Bucco is working on this item.

 

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

A.  Letter requesting the closure of Morgan Drive, Ann Street, and Judy Road for block party on June 16 from 3pm until 8:30pm.

 

Mr. Rilee made a motion to approve Item A.  Mr. Zoschak seconded the motion.

 

Roll Call:

Mr. Rilee – yes            Mr. Zoschak – yes

Mr. Hall – yes              Mr. Schmidt – yes

Mr. Smith – yes       Mayor Ciaramella – yes

 

Motion carried 6 – 0

 

DRAFT ORDINANCES FOR DISCUSSION

None

 

INTRODUCTION OF PROPOSED ORDINANCES

03-07   An Ordinance to vacate any and all public rights in and to a portion of the

unimproved right-of-way of Second Street in the Township of Roxbury,

County of Morris and State of New Jersey

 

Mr. Rilee made a motion to introduce Ordinance 03-07.  Mr. Schmidt seconded the motion.

 

Roll Call:

Mr. Rilee – yes            Mr. Schmidt – yes

Mr. Hall – yes              Mr. Smith – yes

Mr. Zoschak – yes       Mayor Ciaramella – yes

 

Motion carried 6 – 0

 

HEARING AND ADOPTION OF ORDINANCES ON SECOND READING

 

02-07   An Ordinance repealing Subsection 2-11.4, Condemnation Board, of Section 2-11, Department of Planning, Development and Inspections, in Chapter II, Administrative Code of the Revised General Ordinances of Roxbury

 

Mr. Rilee made a motion to open Ordinance 02-07 to the public.  Mr. Schmidt seconded the motion.

 

Roll Call:

Mr. Rilee – yes            Mr. Schmidt – yes

Mr. Hall – yes              Mr. Smith –yes

Mr. Zoschak – yes       Mayor Ciaramella – yes

 

Motion carried 6 – 0

 

There was no public comment.

 

Mr. Rilee made a motion to close Ordinance 02-07 to the public.  Mr. Zoschak seconded the motion.

 

Roll Call:

Mr. Rilee – yes            Mr. Zoschak – yes

Mr. Hall – yes              Mr. Schmidt – yes

Mr. Smith – yes       Mayor Ciaramella – yes

 

Motion carried 6 – 0

 

Mr. Rilee made a motion to adopt Ordinance 02-07.  Mr. Schmidt seconded the motion.

 

Roll Call:

Mr. Rilee – yes            Mr. Schmidt – yes

Mr. Hall – yes              Mr. Smith – yes

Mr. Zoschak – yes       Mayor Ciaramella – yes

 

Motion carried 6 – 0

 

01-07   An Ordinance to Amend Chapter XIII, Land Development Ordinance, Article I, General Provisions, Section 13-1.2, definitions of the revised General Ordinances of the Township of Roxbury, County of Morris, State of New Jersey

 

Mr. Zoschak made a motion to open Ordinance 01-07 to the public.  Mr. Smith seconded the motion.

 

Roll Call:

Mr. Zoschak – yes       Mr. Smith – yes

Mr. Hall – yes              Mr. Rilee – yes

Mr. Schmidt – yes       Mayor Ciaramella – yes

 

Motion carried 6 – 0

 

There was no public comment.

 

Mr. Zoschak made a motion to close Ordinance 01-07 to the public.  Mr. Smith seconded the motion.

 

Roll Call:

Mr. Zoschak – yes       Mr. Smith – yes

Mr. Hall – yes              Mr. Rilee – yes

Mr. Schmidt – yes       Mayor Ciaramella – yes

 

Motion carried 6 – 0

 

Mr. Zoschak made a motion to adopt Ordinance 01-07.  Mr. Smith seconded the motion.

 

Roll Call:

Mr. Zoschak – yes       Mr. Smith – yes

Mr. Hall – yes              Mr. Rilee – yes

Mr. Schmidt – yes       Mayor Ciaramella – yes

 

Motion carried 6 - 0

 

INTRODUCTION AND ADOPTION OF RESOLUTIONS

07-87   A Resolution Incorporating by Reference Herein and approving the following numbered Resolutions listed in the Regular Council Meeting Agenda for this date: 07-88, 07-89, 07-90, 07-91, 07-92, 07-93, 07-94, 07-96, 07-97, 07-98, 07-99, 07-100

 

Mr. Rilee made a motion to adopt Resolution 07-87.  Mr. Schmidt seconded the motion.

 

Roll Call:

Mr. Rilee – yes            Mr. Schmidt – yes

Mr. Hall – yes              Mr. Smith – yes

Mr. Zoschak – yes       Mayor Ciaramella – yes

 

Motion carried 6 - 0

07-88   A resolution authorizing the refund of taxes.

 

07-89   A resolution authorizing the release of a Maintenance Bond posted by Hunters Ridge Development Company, Inc. for drainage improvements to Mooney Rd. Block 33.1, Lot 3 (new block 9202 – several lots)

 

07-90   A resolution authorizing the release of a cash bond posted by Kenbar Properties for

soil relocation at Lake Street, Ledgewood, Block 8602, Lots 2,3,4,5,14,15

 

07-91   A resolution authorizing the acceptance and execution of a developer’s agreement between the Township of Roxbury and Ralzone, L.L.C.

 

07-92   A resolution authorizing the refund of Taxes

 

07-93   A resolution authorizing the refund of Taxes

 

07-94   A resolution approving a change order to the contract with Emil DiPalma, Inc. for the

demolition and disposal of Farm Buildings 

 

07-95   A resolution authorizing the Award of a Contract for a 10 Foot Wide Area Mower - Pulled

 

07-96   A Resolution amending the Membership of the Township Fire Department

 

07-97   A resolution authorizing the refund of Taxes

 

07-98   A Resolution Authorizing the Release of a Performance Guarantee for the

Development Known as Willow Walk Phase 8

 

07-99   A Resolution Authorizing the Reduction of a Performance Guarantee for the

Development Known as Willow Walk II (A.K.A. Renaissance Village and Pondside Manor) Block 6201, Lot 5

           

07-100 A resolution authorizing payment of bills

 

PERSONNEL CHANGES

Memo from Judy Riley dated March 7, 2007

 

COMMUNICATIONS

March 9, 2007

#1 - Correspondence from Christopher Raths, to Mayor/Council, dated March 9, 2007, re: Information Update - (12) Overview on Route 10 project – Mr. Rilee thanked Council for standing together on this project.  Council would like Mr. Raths to send a letter to the DOT requesting the installation of a signal light at the intersection of Main Street and Commerce Boulevard, leaving the jug handle at the Hess Station and extending the turn lane Eastbound on Route 10 at Hillside Avenue.

 

#33 – Mayors Fax Advisory, dated March 6, 2007, re: A3807/S-457, Time of Decision & A-3860, Curtailing Municipal Zoning Authority – Council would like Mr. Raths to send a letter opposing both proposed legislations.

 

#41 – Correspondence from NJDOT, dated March 5, 2007, re: Maintenance Roadway Repair Contract No. 162, Route 46, MP 31.30 to 33/40, MP 39.10 to 40.00 – A resolution will be prepared for a noise waiver.

 

PUBLIC PORTION

Julia Giammona, a student at St. Michaels School in Netcong, stated that she attended the meeting tonight for a Social Studies project.

 

EXECUTIVE SESSION

07-101 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

 

There was no Executive Session.

 

ADJOURNMENT

At 9:05PM 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:                        September 25, 2007

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

                                    Mrs. DeFillippo – abstain  Mr. Hall – yes

                                    Mr. Zoschak – yes            Mayor Ciaramella - yes