SEPTEMBER 11, 2007
A Regular Meeting was held b y the Township Council of the
Township of Roxbury on September 11, 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, Fred Hall,
Councilmen Richard Zoschak, Jim Rilee, Martin Schmidt, Tim Smith and Mayor John
Ciaramella
ALSO PRESENT: Christopher
Raths, Township Manager; Jim Bryce of Township Attorney’s Office and Janet
Rieth, Deputy Clerk
At this time Mayor Ciaramella requested a
Moment of Silence in Remembrance of the Tragedy of September 11, 2001
APPROVAL OF MINUTES
April 24, 2007,
Executive
August 28, 2007, Workshop Meeting
August 28, 2007, Executive Session
Mr. Rilee made a motion to approve the above Minutes. Mr. Smith seconded the motion.
Roll Call:
Mr. Rilee – yes Mr.
Smith – yes
Mrs. DeFillippo – yes (abstain on August 28, Workshop &
Executive)
Mr. Hall – yes (abstain on August 28, Workshop &
Executive)
Mr. Schmidt – yes Mr.
Zoschak – yes (abstain on August 28, Workshop & Executive)
Mayor Ciaramella – yes
Motion carried 7 – 0 with 3 abstentions on August 28,
Workshop & Executive
PUBLIC
PORTION
Dennis Wine, Holly
Drive, Succasunna, questioned if the Township has a policy to replace
street trees when they die. Mr. Raths stated that there is no formal
policy; however, it is the Township’s practice to replace them with appropriate
trees. Mr. Raths further stated that
the tree inventory and an analysis of the condition of the trees have just
recently been completed and a report will be given to Council in October. Mr. Wine suggested that an article be placed
in the Roxbury Image advising residents on the care of trees.
REPORTS OF COUNCIL
LIAISON REPRESENTATIVES, COUNCIL COMMITTEES AND NEW BUSINESS/OLD BUSINESS
Mrs. DeFillippo advised that the
Main Street Streetscaping Committee will be meeting tomorrow.
Mr. Rilee stated that he and Mr.
Raths met with the Fire Department to discuss funding for the fit tester. He
advised that this is being funded out of the current budget. The Department is looking into shared services
within the Township as well as with other municipalities. Dispatch times were also discussed at the
meeting, with some concern that day time call outs are getting a little longer.
Mr. Rilee requested an update on the Mt. Arlington water
issue. Mr. Raths advised that Mr. Bucco
is working on this.
Mr. Zoschak attended the Lake Hopatcong Commission
meeting on Monday. Adam Zellner of the
DEP attended the meeting to discuss the funding for the Commission and advised
that the State will put a fee system in place, possibly modeled on the State Park
badge system. The Commission will have the power to implement fees and possibly
change them.
Mr. Hall advised that he attended the Board of Education
meeting. The teacher salary
negotiations are ongoing at this point.
Mr. Hall stated that the Board of Education represents 62% of the
Township’s tax base, with the largest portion of that being the salaries.
Mr. Hall advised that the Roxbury
High School Wind Symphony was selected, out of 16 schools in the United States,
to compete in the Midwest.
Mr. Hall advised that Roxbury schools received a failing
score on the “No Child Left Behind”.
However, they passed 38 out of the 40 criteria and are working on taking
care of the other 2.
Mr. Hall advised that there will
be a shared services meeting with the Board of Education next week.
Mr. Smith stated that the Open
Space Committee met last week and discussed the status of existing projects.
Mr. Rilee stated that
Roxbury is one of the top 100 schools in the United States in the
music program.
Mayor Ciaramella appointed Maria
Sudol to the Library Board to fill the unexpired term of Lorraine Okun,
September 11, 2007 to December 31, 2009.
Mr. Raths advised that Mr. Blood spoke to Mr. Alpaugh
regarding the Eyland Avenue drainage problem.
This connects to the large pond
behind Atlantis Drive and there are issues regarding the entire drainage
area. Mr. Raths further stated that,
under the revised DEP regulations, we are prohibited with some of the work that
we can do, even in the ditch areas. Mr. Kobylarz and his department are putting
together an analysis regarding this.
Mr. Raths advised that he met
with Ms. Warner of Katherine’s Tea Room.
There are a couple of items that may be able to be rectified within
current Ordinances. Mr. Raths will meet
with Russell Stern tomorrow to discuss this issue.
Discussion took place regarding the police replacement
vehicle. Mr. Raths advised that the
Expedition would go to the Office of
Emergency Management when it is rotated out.
After discussion, Mayor Ciaramella took a straw poll and the majority of
Council agreed to the purchase of the Expedition.
Mr. Raths stated that a meeting
will be held on September 24th or 26th with the Mayors
from Roxbury, Chester and Mt. Olive to discuss the Route 206 corridor.
New Business:
None
Old Business:
A. Procurement
Policy
Mr. Bucco is working on this.
MATTERS
REQUESTED/REFERRED BY COUNCIL MEMBERS, MANAGER, ATTORNEY OR CLERK
1. Letter of
Commitment from Roxbury Township regarding Lake Hopatcong
Commission’s proposal to design and
implement a number of additional stormwater projects.
Mr. Bryce stated that Mr. Bucco
would like the Council advised of the problems in Netcong with the swirl
chamber and for Council to give thought as to who would be responsible for any
kind of infrastructure. Mr. Raths
advised that if the Township were to maintain this chamber, the cost is nominal
and the County may do the work. Mr.
Raths further advised that the Engineering Department is supportive of the
application.
Mr. Rilee made a motion to
support the letter of commitment. Mr.
Schmidt seconded the motion.
Roll Call:
Mr. Rilee – yes Mr.
Schmidt – yes
Mrs. DeFillippo – yes Mr.
Hall – yes
Mr. Smith – yes Mr.
Zoschak – yes
Mayor Ciaramella – yes
DRAFT ORDINANCES FOR DISCUSSION
INTRODUCTION OF PROPOSED
ORDINANCES
None
HEARING AND ADOPTION OF
ORDINANCES ON SECOND READING
ORDINANCE, ARTICLE VII, ZONING REGULATIONS, SECTION 13-7.9, GENERAL PROVISIONS
FOR RESIDENTIAL ZONES, SUBSECTION 13-7.905, ACCESSORY BUILDING OR STRUCTURE
SETBACK OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF ROXBURY
Mr. Rilee made a motion to open Ordinance 18-07 to the
public. Mr. Schmidt seconded the
motion.
Roll Call:
Mr. Rilee – yes Mr.
Schmidt – yes
Mrs. DeFillippo – yes Mr.
Hall – yes
Mr. Smith – yes Mr.
Zoschak – yes
Mayor Ciaramella – yes
Motion carried 7 – 0
There was no public comment.
Mr. Rilee made a motion to close Ordinance 18-07 to the
public. 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
Mr. Rilee made a motion to adopt Ordinance 18-07. Mr. Schmidt seconded the motion.
Roll Call:
Mr. Rilee – yes Mr.
Schmidt – yes
Mrs. DeFillippo – no Mr.
Hall – no
Mr. Smith – no Mr.
Zoschak – no
Mayor Ciaramella – no
Motion defeated 5 - 2
19-07 AN
ORDINANCE TO AMEND CHAPTER XII, SEWER AND WATER, OF
THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF ROXBURY, IN THE COUNTY
OF MORRIS, STATE OF NEW JERSEY, TO REVISE WATER AND SEWER CONNECTION FEES
Mr. Rilee made a motion to open Ordinance 19-07 to the
public. 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
There was no public comment.
Mr. Smith made a motion to close Ordinance 19-07 to the
public. Mrs. DeFillippo seconded the
motion.
Roll Call:
Mr. Smith – yes Mrs.
DeFillippo – yes
Mr. Hall –yes Mr.
Schmidt – yes
Mr. Smith – yes Mr.
Zoschak – yes
Mayor Ciaramella – yes
Motion carried 7 – 0
Mr. Smith made a motion to adopt Ordinance 19-07. Mrs. DeFillippo seconded the motion.
Roll Call:
Mr. Smith – yes Mrs.
DeFillippo – yes
Mr. Hall – yes Mr.
Schmidt – yes
Mr. Smith – yes Mr.
Zoschak – yes
Mayor Ciaramella – yes
Motion carried 7 - 0
20-07
AN ORDINANCE AUTHORIZING THE TEMPORARY INSTALLATION
AND OPERATION OF A TRAFFIC
CONTROL SIGNAL AT CAREY ROAD BRIDGE NO. 1400-757 OVER DRAKES BROOK IN THE
TOWNSHIP OF ROXBURY
Mrs. DeFillippo made
a motion to open Ordinance 20-07 to the public. Mr. Hall seconded the motion.
Roll Call:
Mrs. DeFillippo –
yes Mr. Hall – yes
Mr. Rilee – yes Mr. Schmidt – yes
Mr. Smith – yes Mr. Zoschak – yes
Mayor Ciaramella –
yes
Motion carried 7 – 0
There was no public
comment.
Mr. Hall made a
motion to close Ordinance 20-07 to the public.
Mr. Smith seconded the motion.
Roll Call:
Mr. Hall – yes Mr. Smith – yes
Mrs. DeFillippo –
yes Mr. Rilee – yes
Mr. Schmidt – yes Mr. Zoschak – yes
Mayor Ciaramella –
yes
Motion carried 7 – 0
Mr. Hall made a
motion to adopt Ordinance 20-07. Mr. Zoschak seconded the motion.
Roll Call:
Mr. Hall – yes Mr. Zoschak – yes
Mrs. DeFillippo –
yes Mr. Rilee – yes
Mr. Schmidt – yes Mr. Smith –yes
Mayor Ciaramella –
yes
Motion carried 7 – 0
INTRODUCTION AND ADOPTION OF
RESOLUTIONS
07-344 A RESOLUTION INCORPORATING BY REFERENCE
HEREIN AND APPROVING THE FOLLOWING NUMBERED RESOLUTIONS LISTED ON THE REGULAR
COUNCIL MEETING AGENDA FOR THIS DATE:
07-345, 07-346, 07-347, 07-348, 07-349, 07-350, 07-351, 07-352, 07-353,
07-354, 07-355, 07-356, 07-357, 07-358, 07-360, 07-361, 07-362
Mr. Rilee made a motion to adopt Resolution 07-344. Mr. Zoschak seconded the motion.
Mr. Bryce advised that the Attorney’s Office has
amendments to the Interlocal Services Agreement pertaining to Resolution
07-359. Mr. Rilee amended his motion to
incorporate the amendments. Mr. Zoschak
seconded the amended motion.
After discussion, Mr. Rilee amended his motion to pull
Resolution 07-359 for Mr. Raths to speak with the County regarding proposed
amendments to the agreement. Mr.
Zoschak seconded the amended motion.
Roll Call:
Mr. Rilee – yes Mr.
Zoschak – yes
Mrs. DeFillippo – yes (abstain
on check no. 45331)
Mr. Hall – yes (abstain on check no. 07-47895-43)
Mr. Schmidt – yes Mr.
Smith – yes (abstain on 07-348 and 07-349)
Mayor Ciaramella – yes
Motion carried 7 – 0 with one abstention on check nos. 45331
and 07-47895-43 and one abstention on Resolutions 07-348 and 07-349
07-345
A RESOLUTION AUTHORIZING THE RELEASE OF MAINTENANCE
BOND #04-232 FOR pINSONAULT ASSOCIATES, LLC POSTED A
TREE MAINTENANCE BOND FOR PROPERTY
LOCATED ON ROUTE 206 BLOCK 9001, LOT 8
07-346
A RESOLUTION AUTHORIZING THE RELEASE OF CASH BOND NO.
2003-140 IN CONNECTION WITH a MAJOR SOIL RELOCATION
PERMIT FOR PINSONAULT ASSOCIATES BLOCK
9001 LOT 8 (OLD BLOCK 38, LOT 12)
07-347
A RESOLUTION AUTHORIZING THE RELEASE OF CASH BOND
RESOLUTION NO. 04-255 IN CONNECTION WITH A SOIL
RELOCATION FOR PINSONAULT ASSOCIATES LOCATED ON ROUTE 206, BLOCK 9001, lOT 8
07-348
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
07-349 A RESOLUTION AUTHORIZING THE RELEASE OF THE
PERFORMANCE BOND FOR GRADING AND SOIL STABILIZATION WITHIN A DEVELOPMENT KNOWN AS DEER
VIEW ESTATES, LLC, BLOCK 4201, LOT 11.05
07-350 A RESOLUTION AUTHORIZING
THE RELEASE OF A PERFORMANCE
GUARANTEE POSTED FOR RIGHT-OF-WAY
EXCAVATION PERMIT NO. AUG272007, 12 ALEXANDRIA DRIVE, SUCCASUNNA, BLOCK 4305,
LOT 6
07-351 A RESOLUTION AUTHORIZING THE RELEASE OF A
PERFORMANCE
GUARANTEE POSTED FOR RIGHT-OF-WAY
EXCAVATION PERMIT NO. JULY3107A, 11
HARRIET WAY, LANDING, BLOCK 9703, LOT 8
07-352 A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A
GRANT OF
UTILITY EASEMENT FROM MARK AND
DANA TUCCI ACROSS LOT 12.02, BLOCK 2611, MORE COMMONLY KNOWN AS SECOND STREET,
TOWNSHIP OF ROXBURY
07-353 A RESOLUTION AUTHORIZING THE AWARD OF A
CONTRACT TO
TILCON NEW YORK INCORPORATED FOR MILLING AND
PAVING OF EMMANS ROAD
07-354 A RESOLUTION AUTHORIZING THE AWARD OF A
CONTRACT TO
TILCON NEW YORK INCORPORATED FOR
MILLING AND PAVING
OF MOUNTAIN ROAD
07-355 A RESOLUTION AUTHORIZING THE PURCHASE
OF CRUSHED STONE
FROM THE WELDON QUARRY COMPANY
07-356 A RESOLUTION AUTHORIZING THE AWARD OF A
CONTRACT TO
DENVILLE LINE PAINTING, INC. FOR LINE PAINTING VARIOUS TOWNSHIP ROADS
07-357 A RESOLUTION AUTHORIZING THE PURCHASE OF A
35,000 GVW
DUMP TRUCK CHASSIS FROM BROWN’S HUNTERDON INTERNATIONAL
07-358 A RESOLUTION AUTHORIZING THE AWARD OF A
CON-TRACT TO
ALL QUALITY FENCE FOR REPLACEMENT FENCING AT THE EYLAND WOODS AND HILLSIDE AVENUE PUMP STATIONS
07-359 A RESOLUTION AUTHORIZING THE EXECUTION OF A
PUBLIC
WORKS INTERLOCAL SERVICES AGREEMENT FOR SHARING PUBLIC WORKS EQUIPMENT AND PERSONNEL BETWEEN THE COUNTY OF
MORRIS AND THE TOWNSHIP OF ROXBURY – Pulled
Mr. Raths will speak with the County regarding proposed amendments
to the agreement.
07-360 A RESOLUTION
AUTHORIZING THE ANNUAL TAX SALE
07-361 A RESOLUTION
AUTHORIZING THE REFUND OF TAXES
07-362 A RESOLUTION
AUTHORIZING THE PAYMENT OF BILLS
PERSONNEL CHANGES
None
COMMUNICATIONS
August 31, 2007
#10 – Minutes from the Lake
Hopatcong Commission Meeting held on July 16, 2007 – Mr. Bucco will look into
whether the alternate representative of the Commission can attend executive sessions and take action in
the absence of the regular representative.
#13 – Correspondence from Michael Obremski, Mayor of
Randolph Township, re: Invitation to Attend a Teen Driving Safety Program –
“Alive at 25” – Mrs. DeFillippo will attend.
September
7, 2007
#1 – Correspondence from Christopher Raths, to Mayor/Council, dated
September 7, 2007, re: Information Update – (6) Citizens Cable – Cablevision
has not determined whether they will go with State or Municipal Franchise; (9)
Trails – Freeholder Schrier is attending a meeting tonight where this topic
will be discussed and he will be in touch with Mr. Rilee; (19) October 9th
Council meeting – The Mayor, Mr. Raths and Mr. Rilee will not be able to
attend, but the meeting will be held; (5) Duty Crews/EMS – This is not an
expensive unit. Chief Noll is looking into the matter.
#5 – Correspondence from Passaic River Coalition, re: Membership
Contribution for 2007 – Council agreed not to join.
#13 – Interoffice
Memo from BettyLou DeCroce, re: Morris County JIF – Council commended Ms.
DeCroce for a job well done.
PUBLIC
PORTION
Dennis Wine questioned when the
school budget will be discussed. Mr.
Hall advised that negotiations have just begun and he will advise when
discussions are open to the public.
EXECUTIVE SESSION
07-363
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
Submitted By:
_________________________
BettyLou DeCroce
Township Clerk
MINUTES APPROVED BY COUNCIL
DATE: September 25, 2007
ROLL CALL: Mr. Rilee – yes Mr. Smith – yes
Mrs.
DeFillippo – yes Mr. Hall – yes
Mr. Zoschak
– yes Mayor Ciaramella - yes