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April 24, 2007

 

A Workshop Meeting was held  by the Township Council of the Township of Roxbury on April 24, 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, Richard Zoschak, Tim Smith and Mayor John Ciaramella

 

ALSO PRESENT:  Christopher Raths, Township Manager, Anthony Bucco, Township Attorney, BettyLou DeCroce, Township Clerk and Mary Jane Parr, Administrative Aide  

 

Ms. DeFillippo arrived at 7:35.

           

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

New Business:

2007 School Budget

 

Council discussed the two proposals received for review of the defeated School Budget.

 

Mr. Rilee made a motion to hire the firm of Ferraioli, Wielkotz, Cerullo & Cuva for a fee not to exceed $6,000.00, to review the school budget and make recommendations.  Mr. Smith seconded the motion. 

 

The resolution will be on the next agenda.

 

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

                             Ms. DeFillippo – yes                   Mr. Hall – yes

                             Mr. Schmidt – yes                       Mr. Zoschak – yes

                             Mayor Ciaramella – yes

 

Motion carried 7 - 0

 

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

 

PUBLIC PORTION

Gregg Somjen, 42 Cornhollow Road, Succasunna discussed the defeated school budget with the Council.  He does not feel that there is a lot of fat in the budget and in order to provide a top notch education, the Township needs the money to keep the best teachers, keep smaller class sizes and offer more educational programs. 

 

Mr. Rilee stated that the Council has never gone after items that impact the education process and the Council can only recommend what the school board should cut.  Mr. Zoschak stated that the Council will have to listen very carefully to the professionals.  Mr. Smith stated that it is difficult to understand how three people who supported the budget were elected to the Board of Education, yet the budget failed.  He further stated that he feels that the essential educational experience that is provided, needs to be maintained.  This includes academics, recreational and arts.

 

REPORTS OF COUNCIL LIAISON REPRESENTATIVES, COUNCIL COMMITTEES      

Mr. Schmidt stated that the Veterans Administration will have a van at Horseshoe Lake on April 28, 2007, from 10:00 AM to 3:00 PM, to sign up Veterans who have not been signed up for  VA services.  

 

Mr. Schmidt advised that the Veterans’ Memorial plaques have been completed and installed.  The final item is a planting behind the stands with a cost of  $2,000.00.   They would like to take the money out of the tree fund and Council was in agreement for this to be done.

 

Mr. Schmidt stated the VFW presented awards Sunday for the Patriot’s bank contest, the Voice of Democracy.  Senator Bucco was also in attendance.   Mr. Schmidt thanked the VFW Women’s Auxiliary for running the program.

 

Mr. Schmidt asked if the back parking lot at Horseshoe Lake could be regraded.  Mr. Raths will look into this.

 

Mrs. DeFillippo stated the MS walk on Sunday was a great success with over 400 people attending and she wanted to publicly thank Council, the Town Hall Community, the Library and the Scouting community for their support.

 

Mrs. DeFillippo advised that the Economic Development Committee and the Roxbury Chamber of Commerce  will be holding a   “Taste of Roxbury” at the Marriott from 6:30 p.m. to 8:30 p.m. Thursday. 

 

Mrs. DeFillippo advised that the  Ledgewood gate is still broken and asked if there were any comments from the Police Department and if they have been in touch with the Department of Transportation.   Mr. Raths will provide Council with the latest status on this item.  Mrs. DeFillippo also asked  about the  sign which states “emergency vehicles only” that was dented from the same accident when the gate was destroyed.  Mr. Raths will contact Senator Bucco’s office regarding this as well.

 

Mrs. DeFillippo stated that it is her understanding that when the weather gets consistently over 50 degrees the repair work on the curbing will be done at 153 Emmans Road. Mr. Raths advised that that is right.

 

Mrs. DeFillippo requested an update on the interpretation service for the Courts.  Mr. Raths stated that he has not received the final report, but it appears that there will be a cost savings.  The IT Department is working with the Court.

 

Regarding the Route 206 traffic issues, Mrs. DeFillippo feels that we should also contact Chester Township and Mt. Olive.

 

Mrs. DeFillippo stated that the railroad ties  are all over the tracks by Emmans Road toward the Flanders section of town. Mr. Raths will follow up.

 

Mr. Rilee stated that Mrs. DeFillippo did a fantastic job on the MS walk with all of her efforts and that he appreciates it.

 

Regarding the DOT Route 10 corridor proposal, Mr. Rilee asked if there have been any communications regarding the light on Main St. & Commerce Boulevard.  Mr. Raths stated that he wrote to the DOT with the points that Council requested.  Mr. Raths will copy Council on the response in which they agreed to all points.

 

Mr. Raths requested an update on the bike path.  Mr. Raths stated that he sent an email to the parks commission and he has not received a response. Mr. Hall stated that the meetings have been canceled four times.  Mr. Hall requested that, if a response is not received  by the end of the week, Mr. Raths should advise both he and Mr. Rilee and they will contact the Freeholders.

 

Mr. Rilee requested an explanation regarding the communications pertaining to the Cablevision negotiations.  Mr. Raths advised that a letter was sent in October 2006 clarifying that Cablevision no longer wanted to negotiate a contract with the Township.  Mr. Raths spoke with Gary Shaw of Cablevision and was advised that they are protecting their position.  The regulations from the BPU have just been promulgated.   Mr. Raths then spoke with a representative of BPU and she advised that the Township finish the letter of ascertainment, which is a negotiating tool and send it in.  This should not impact the Township’s position.  The Township now has to sit down with Cablevision and begin negotiations. Mr. Bucco stated that the Township should not negotiate for anything less that what is authorized in the State statute.

 

Mr. Zoschak stated that he received a call from a resident of Riggs Avenue who has been cleaning the leaves on the public roadway because the macadam is collapsing.  Mr. Raths will have Mr. Blood look into this.

 

Mr. Zoschak requested an update on the recent vandalism in Landing and asked if anyone was caught.  Mr. Raths will check with Chief Noll.  He stated that patrols have been increased in the neighborhood.  Mrs. DeFillippo stated that there has also been damage at Horseshoe Lake.

 

Mr. Zoschak stated that there is an old telephone pole at the Landing Bridge, coming under Shippenport Road.  Mr. Raths has spoken to both the telephone company and the electric company and neither claims the pole.  Mr. Raths will check with the County to see if it is in their right of way. 

 

Mr. Zoschak thanked Chief Noll for his presentation at the Rotary meeting.

 

Mr. Hall advised that he attended the Board of Education meeting last night where Mr. Badini was elected as President and Ms. D’Agostino as Vice President.

 

Mr. Hall attended the Recreation Advisory Committee meeting last Saturday.  He asked if Mr. Raths has any status on the fill for the Dell Avenue facility.  Mr. Raths stated that there was a proposal from a developer to provide the fill at no direct cost.  Council did not feel this was appropriate and the Township will now purchase the fill, which will cost approximately $10,000 to $15,000. 

 

Mr. Hall stated that he attended a presentation by the Housing Partnership as it relates to the changing COAH rules.  He advised the public that in the previous ruling with gross share, we were allowed to use 50% of our obligation for senior citizen housing and in the new proposal it is down to 25%. The elimination of RCA credits has also been proposed.

 

Regarding the Route 10 corridor, Mr. Hall advised that members of the Board of Chosen Freeholders were receptive to the plan that Roxbury has sent to the DOT.  The Board would not address the Route 10/Hillside Avenue situation.  Mr. Hall has written a letter to be sent to the Freeholders for the Council to review and if they approve, Mr. Raths will send it to the County.

 

Mr. Smith stated that the Economic Development Committee is holding an event this Thursday.

 

Mr. Smith requested an update on the 9/11 Memorial plaques for the trees.  Mr. Raths advised that they have been received and will be installed before Memorial Day.

 

Mayor Ciaramella reminded everyone of the next Neighborhood Meeting which will be held on Tuesday, May 15th,  at Company No. 3 Firehouse, Berkshire Valley Road, 7:00 PM.

 

Mr. Raths advised that Janet Wald has been hired as the new Director of Social Services.

 

Mr. Raths stated that the Lake Musconetcong Commission was looking at the possibility of a 319 grant that would have included the reclamation of wetlands, possibly in the Perfetti Park area.  There could be some impact as to any potential use of that park. 

 

Mr. Smith asked when the Council will meet regarding the defeated school budget.  Mr. Raths will send an email to Council members with suggested dates.

 

Mrs. DeCroce stated that the Memorial Day Parade will be held at 9:00 AM this because the F16’s will flyover at 10:30 AM.

 

At this time Mayor Ciaramella requested a moment of silence in memory of the students, staff and family members from Virginia Tech.

 

At 8:45 PM Council took a short break.

At 8:55 PM Council returned to the Workshop meeting

 

 

Old Business:

Procurement Policy – Mr. Bucco is working on this.

 

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

A.  An application for Special Permit for Social Affair, Swim and Sport Club

Mr. Rilee made a motion to approve the Special Permit for the Swim and Sport Club.  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

 

B. Letter from Fastcom regarding Verizon Wireless. (Mooney Mt. Tower) 

Mr. Eric Fastnacht, Managing Member of Fastcom advised that it has been determined that the Township monopole on Mooney Road is not structurally capable of holding the Verizon antennas.  Verizon would like Roxbury to consider issuing a public bid that would authorize Verizon wireless to replace the existing monopole with a new monopole that will be 10 feet taller and structurally capable of supporting the existing carrier antennas as well as the proposed antennas.  Discussion ensued and the majority of  Council agreed for the new pole.

 

APPROVAL OF MINUTES     

None               

                       

DRAFT ORDINANCES FOR DISCUSSION        

None

           

INTRODUCTION OF PROPOSED ORDINANCES

06-07    An Ordinance amending the revised General Ordinances of the Township of Roxbury   and providing for Stormwater Management Regulations

 

Mr. Rilee made a motion to introduce Ordinance 06-07.  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

 

HEARING AND ADOPTION OF ORDINANCES ON SECOND READING

03-07    An Ordinance to vacate any and all Public Rights 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 open Ordinance 03-07 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 03-07 to the public.  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

 

Mr. Rilee made a motion to adopt Ordinance 03-07.  Mr. Zoschak seconded the motion.

 

Roll Call:

Mr. Rilee – yes            Mr. Zoschak – yes

Mrs. DeFillippo – yes    Mr. Hall – yes

Mr. Schmidt – yes       Mr. Smith – yes

Mayor Ciaramella – yes

 

Motion carried 7 - 0

 

04-07    An Ordinance to amend and supplement Chapter II, Administrative Code, Section 2-17, Officers and Employees generally, of the revised General Ordinances of the Township of Roxbury, County of Morris, State of New Jersey

 

Mrs. DeFillippo made a motion to open Ordinance 04-07 to the public.  Mr. Rilee seconded the motion.

 

Roll Call:

Mrs. DeFillippo – yes    Mr. Rilee – yes

Mr. Hall – yes              Mr. Schmidt – yes

Mr. Smith –yes            Mr. Zoschak – yes

Mayor Ciaramella – yes

 

Motion carried 7 – 0

 

There was no public comment.

 

Mr. Zoschak made a motion to close Ordinance 04-07 to the public.  Mrs. DeFillippo seconded the motion.

 

Roll Call:

Mr. Zoschak – yes       Mrs. DeFillippo – yes

Mr. Hall – yes              Mr. Rilee – yes

Mr. Schmidt – yes       Mr. Smith – yes

Mayor Ciaramella – yes

 

Motion carried 7 – 0

 

Mr. Rilee made a motion to adopt Ordinance 04-07.  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

 

05-07    An Ordinance to exceed the Municipal Budget Appropriation Limits and to Establish a Cap Bank (N.J.S.A..40A:4-45.14)

 

Mrs. DeFillippo made a motion to open Ordinance 05-07 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. Rilee made a motion to close Ordinance 05-07 to the public.  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

 

Mr. Hall made a motion to adopt Ordinance 05-07.  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    

 

DRAFT RESOLUTION FOR DISCUSSION

None

 

INTRODUCTION AND ADOPTION OF RESOLUTIONS      

07-137   A Resolution incorporating by reference herein and approving the following numbered

resolutions listed on the workshop council meeting agenda for this date:07-110, 07-138, 07-139, 07-140, 07-141, 07-142, 07-143, 07-144, 07-145, 07-146, 07-147, 07-148, 07-149, 07-150, 07-151, 07-152, 07-153, 07-154

 

Mr. Rilee made a motion to adopt Resolution 07-137.  Mr. Schmidt seconded the motion.

 

Roll Call:

Mr. Rilee – yes            Mr. Schmidt – yes

Mrs. DeFillippo – yes    Mr. Hall – yes

Mr. Smith  -yes (recuse on check no. 43646)

Mr. Zoschak – yes       Mayor Ciaramella – yes (recuse on check nos. 43606, 43607)

 

Motion carried 7 – 0 with one recusal on check nos. 43646, 46306 and 43607

           

07-110    Resolution authorizing the Release of a Performance Guarantee for Tree Removal and

Acceptable of the Maintenance Bond for the development known as Hunter’s Ridge,     Block 33.1, Lot 3 (new block 9202 – several lots)

           

07-138 A Resolution authorizing Salaries and Compensation for Employees for the Year 2007

 

07-139 A Resolution authorizing the Acceptance of a Deed of Sight Easement from Etel Realty,

 LLC across a portion of Lots 6 and 7, Block 6303

           

07-140 A Resolution authorizing membership in the Bergen County Cooperative Purchasing

 Programs

           

07-141 A Resolution authorizing Certificates of Exemption for members of the Roxbury

 Township Fire Department

           

07-142 A Resolution amending the membership of the Township Fire Department

           

07-143 A Resolution authorizing the Release of the Performance Bond and Cash Bond No.05-78

in connection with site improvements related to the final site plan for Trebour Cycle    located on Route 46, Block 8602, Lot 43

           

07-144 A Resolution authorizing the Execution of a Right-of-Entry Agreement between the

Township of Roxbury and the Borough of Mt. Arlington for Property known as Block 11913, Lot 12 located along King Road

 

07-145 A Resolution authorizing the release of maintenance Bond No. 8236319 in connection

with the replacement of trees at Cracker Barrel Old County Store, Inc, located on Howard Blvd., Block 12201 Lot 1.1 & 1.4

 

07-146    A Resolution authorizing the acceptance of Tree Bonds from Ralzone LLC for the

 Ralzone Subdivison located on Carey Road, Block 4305, Lot 12

 

07-147  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

 

07-148 A Resolution authorizing the acceptance of a cash bond for soil relocation on property

             owned by Ralzone LLC, located on Carey Road, Block 4305, Lot 12

 

07-149 A Resolution Authorizing the Release of a Performance Guarantee Posted for

 Right-of-Way Excavation Permit No. NOV0603 1445 Route 46/Jack Trebour    Motorcycles, Block 8602, Lot 43.

           

07-150 A Resolution Authorizing the Refund of Unused Engineering Inspection Fees to 1445 Route 46, LLC/Jack Trebour Motorcycles, Block 8603, Lot 43.

           

07-151 A Resolution authorizing the refund of Taxes

 

07-152 A Resolution authorizing the refund of Taxes

 

07-153  A Resolution authorizing the refund of Taxes

 

07-154  A resolution authorizing payment of bills

           

COMMUNICATIONS        

April 5, 2007

#6-  Correspondence from Omland Engineering Associates, to Mayor/Council, dated April 2, 2007, re: 63 Acre Property at Southeast Quadrant of Rt. 80/Rt. 206 Intersection, Block 9202, Lots 1, 2, 9 & 10 – Mr. Raths will obtain more information from Mr. Stern. 

 

April 13, 2007

#2 Correspondence from Lucy Voorhoeve, Executive Director, COAH, to Mayor Ciaramella, dated April 2, 2007, re: Roxbury Township’s Annual Monitoring Report – This has been completed.

 

#3 – Correspondence from Unison Site Management, dated April 2, 2007, re: Cell Tower on Township Property – Mr. Raths will follow up and determine where this is located.

 

#6 – Correspondence from Paul Nusbaum, to Russell Stern, dated April 5, 2007, re: Merry Heart Assisted Living –  This will be discussed in  Executive Session.

 

#9 – Correspondence from NJLM, dated April 5, 2007, re: I) Partnership with the NJ Child Care Economic Impact Council, II) “Sample Resolution (related to “COPS” Funding Battle” Washington Watch letter of 4/4/07)” – Resolutions of support will be on the next Agenda.

 

#10 – Mayors Fax Advisory, dated April 10, 23007 re: Historic Property Reinvestment Act – A Resolution of support will be prepared.

 

April 20, 2007

#3 – A Resolution of the Township Council of the Township of Parsippany-Troy Hills Opposing A-3857 which, if enacted, would eliminate regional contribution agreements as a tool to facilitate municipal compliance with the Mt. Laurel decisions -  Council has already done this.

 

#7 – Correspondence from Kris Kolluri, Commissioner, NJDOT, dated April 12, 2007, re: NJDOT Local Bikeway Program -  The Township will make application.

 

#13- Correspondence from Kris Marino, Executive Director of Morris Tomorrow to Christopher Raths, dated April 12, 2007, re: McFlowertown Award to be presented on Wednesday, May 2, 2007 at the Meadow Wood Manor in Randolph – The award is being given to Kuiken Brothers and Mr. Smith recognized  Mike Shadiack of the Economic Development Committee for doing a great job and making these applications.

           

EXECUTIVE SESSION      

07-155   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 07-155 for Executive Session.  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

           

ADJOURNMENT

At 10:52 PM Mr. Rilee made a motion to adjourn the Workshop Meeting.  Mr. Schmidt seconded the motion.

 

All In Favor – yes

 

Submitted By:

 

 

 

 _________________________

BettyLou DeCroce

Township Clerk

MINUTES APPROVED BY COUNCIL

DATE:                        October 23, 2007

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

                                    Mrs. DeFillippo – yes       Mr. Hall – yes

                                    Mr. Zoschak – yes            Mayor Ciaramella - yes