JULY 10, 2007

 

A Regular Meeting was held by the Township Council of the Township of Roxbury on July 10, 2007 at 1715 Route 46, Ledgewood, New Jersey at 7:30 p.m.

 

OPEN PUBLIC MEETING STATEMENT

Notice is hereby given that the Township Council of the Township of Roxbury will be holding a Public Hearing on the CSC/TKR, Inc., Cablevision of Morris contract renewal on July 10, 2007 at 7:30 PM at 1715 Route 46, Ledgewood, New Jersey.  This hearing is being held for any comments or discussion by the public with the Governing Body and reports and discussion from the Cable Committee will also be addressed at that time.  The contract is available for public review in the township Clerk’s office, 1715 Route 46, Ledgewood, during the hours of 9:00 AM to 4:30 PM.  The regularly scheduled meeting will follow the public hearing.

 

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 May 18, 2007; notice was posted on the bulletin board in the main hallway of the Municipal Building on May 18, 2007.

 

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

 

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

 

Mr. Raths advised that the hearing tonight is to be opened for public comments.  The Township has not received any public comments on the Cablevision report as of this date.  He further advised that Council may close the hearing tonight or leave it open for another 30 days.  The ascertainment report that was received by Council will be sent to Cablevision and the Board of Public Utilities.  Council agreed to move forward.  This will be discussed under New Business/Old Business.

 

APPROVAL OF MINUTES

February 6, 2007 - Regular Meeting

May 8, 2007 - Executive Session

 

Mr. Rilee made a motion to approve the above Minutes.  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 (abstain on February 6^th)

Mayor Ciaramella –yes

 

Motion carried 7 – 0 with one abstention on February 6^th

 

PUBLIC PORTION

Dennis Wine, 4 Holly Drive, Succasunna, spoke about the article in the Star Ledger regarding OPRA and questioned if the Township is mandated to follow this.  Mr. Hall advised that the Township is mandated to follow the OPRA requirements.  Mr. Hall stated that the Township is also required to archive Township documents. The Township is in the process of working with the County to receive funding for this process.  Mr. Hall has been advised that the amount of funding is being cut.

 

Richard Gunaberti, 534 Main St., Port Morris, stated that limbs from a tree on his neighbor’s property have fallen in his yard and across Main Street, blocking the road.  He has approached the owner and asked him to remove the tree as it is a potential public safety hazard. Mr. Gunaberti is looking for assistance from the Township.  Mr. Bucco stated that Mr. Blood has looked at the situation and determined that the Township is not responsible for removal of the tree.  Mr. Raths stated that the Township will contact the property owner.

 

Anthony Petrides, 84 Orben Drive, Landing, discussed the problem in his area with ATVs.  He has contacted the Police Department several times, but has been told that no one is available to respond.  Mr. Raths will speak with Chief Noll regarding this issue.  

 

Arthur Ondish, Mayor of Mt. Arlington and Chairman of the Lake Hopatcong Commission, discussed the funding issue facing the Commission. He advised that he met with the Governor and was told that the State does not have the money to fund the Commission and that any one who uses the Lake will have to pay fees.  The fees will be imposed in a way that is fair for everyone and will be directed specifically for Lake Hopatcong.  Adam Zellner of the DEP will meet with the Lake Hopatcong Commission on July 24^th to discuss further details of how this will take place. 

 

John Sandstrom, 65 Eyland Avenue, Succasunna, discussed the paving on Eyland Avenue and advised that  Roxbury Water Company installed the water connection in front of his property before the paving took place.  The road was paved before this had a chance to settle and now, during heavy storms, there is a low lying section which pools with water and freezes in the winter.  He questioned if the drainage issues will be fixed before the completion of paving on Eyland Avenue.  Mr. Raths advised that drainage work is being done in the area now.  Mr. Kobylarz, Township Engineer, will contact Mr. Sandstrom to review the plans prior to construction. 

 

Mr. Sandstrom questioned if there are plans to repair the bridge at Horseshoe Lake in the area of the Veterans Memorial.  Mr. Zoschak advised that Rotary was going to rebuild the bridge a few years ago; however, when DEP became involved, it became too expensive.  Mr. Raths will speak with Dave Stierli regarding this issue. 

 

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

 

New Business:

            A.  Ascertainment Report- Citizens Cable

Mr. Adam Faulk, Cablevision’s Vice-President for Government and Public Affairs for New Jersey, advised that Cablevision filed their application for renewal for the franchise which expires on December 31, 2007.

 

At this time Mayor Ciaramella opened the meeting to the public for comments on the report.  There was no public comment.  Mayor Ciaramella closed the public portion.

 

Mr. Hall asked if Cablevision has plans to go to the State at a later time to obtain their franchising arrangement and, if so, when would this be done.  Mr. Faulk stated the State passed a new law, which was signed by the Governor, that created the opportunity for cable operators to obtain a State issued franchise to bypass the municipal consent process.  Cablevision opposed those changes, believing it was in the best interest of the State to continue with the process that existed.  At this point Cablevision is continuing wotj the municipal consent process.  At some point in the future Cablevision will make a determination as to whether or not it is in their best interest to remain in a municipally granted franchise or to seek a new franchise under the State law.  Mr. Raths stated that in December 2006, in conversations with Mr. Shaw of Cablevision, and later confirmed in  a letter from the Township, it was clear that Cablevision would be seeking a Statewide franchise.  Therefore, the Township ceased deliberations and committee meetings.  Approximately 60 days ago the Township received the contract renewal documentation.  Mr. Raths contacted Mr. Shaw and was told that Cablevision decided to go through this process.  Therefore, the Township reconvened Cable Committee meetings. Cablevision will now review the ascertainment report, compare it against what their options are specific to the State franchising and then advise the Township of their determination.  Mr. Rilee asked if Cablevision can apply for a franchise, municipality by municipality.  Mr. Faulk stated that they can.

 

REPORTS OF COUNCIL LIAISON REPRESENTATIVES, COUNCIL COMMITTEES

Mr. Schmidt discussed garage sale signs which are left up for weeks after the date of the sale.  Mr. Raths stated that once the sale is over, the property owners should be contacted or the Township should remove the sign.

 

Mrs. DeFillippo questioned if the Township has received complaints regarding the interruption of internet service.  Mr. Raths stated that we have not received complaints. 

 

Mrs. DeFillippo advised that the Main Street Streetscaping Committee will meet tomorrow night.  They will be looking at information regarding pavers as fund raising tools to introduce at Olde Suckasunny Day.

 

Mrs. DeFillippo advised that the Economic Development Committee met last week.  They discussed the fact that no one attended the Route 46 permitting process meeting.  However, some of the business owners and residents along Route 46 have spoken to Mr. Stern regarding permits they may need.

 

Mrs. DeFillippo advised that the Water/Sewer Committee will meet on July 20^th.

 

Mrs. DeFillippo asked if the County has been providing additional programs to the Social Services Department.  Mr. Raths stated that, as of this time, they have not.  Mr. Raths will follow up.

 

Mr. Rilee stated that the Master Plan Committee met last week.  The Master Plan is currently looking at the Route 46 corridor and Mr. Rilee suggested that the Economic Development Committee make a presentation to the Master Plan Committee regarding this area. 

 

Mr. Zoschak stated that Rotary held their installation dinner last week and Jim Pitaro will be the next President.  Lori Lynch, Roxbury High School Choir Director, received the Paul Harris Fellow for her community service and dedication to her job.

 

Mr. Hall advised that he has spoken with Mr. Raths in regard to vandalism activities that have occurred in the Township and what the solutions may be.  Mr. Raths will get back to Council on this issue.

 

Mr. Hall asked when the new 35 unit senior citizen rental units at Lakeside Village, adjacent to Renaissance Plaza, will be constructed.  Mr. Raths will check on this.  Mr. Rilee stated that it is based on a certain number of certificates of occupancy being issued to the Villages.

 

Mr. Hall stated that he received correspondence from residents on Mooney Mountain who would like to obtain information regarding the possibility of installing sewers in their area.  Mr. Raths and Mr. Hall will speak with the homeowners.

 

Mr. Smith stated that the Open Space Committee will meet tomorrow.  They will decide if there will be a County open space application  this year.

 

Mr. Smith advised that the Summer Concerts in the Park start next Thursday at the Horseshoe Lake Band Shell. 

 

Mayor Ciaramella requested an update on when the next DPW Committee meeting will be held.  Mr. Raths will confirm the date and advise the Committee.

 

Old Business:

A.  Procurement Policy

Mr. Bucco’s office is working on this item.

 

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

 

A.  PERMIT FOR SOCIAL AFFAIR NORTH JERSEY LEGENDS HARLEY DAVIDSON’S GROUP SEPTEMBER 22, 2007

Mr. Rilee made a motion to approve Item A.  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

 

DRAFT ORDINANCES FOR DISCUSSION

 NONE

 

INTRODUCTION OF PROPOSED ORDINANCES

16-07  AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ADDENDUM

TO THE REAL ESTATE LEASE DATED APRIL 1, 2002 BETWEEN THE

TOWNSHIP OF ROXBURY AND ROXBURY HISTORIC TRUST, INC. FOR    THE KING STORE AND KING HOMESTEAD, BLOCK 6408, LOT 1

 

Mr. Rilee made a motion to introduce Ordinance 16-07.  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

 

HEARING AND ADOPTION OF ORDINANCES ON SECOND READING

NONE

 

INTRODUCTION AND ADOPTION OF RESOLUTIONS

7-270    A RESOLUTION INCORPORATING BY REFERENCE HEREIN AND 

APPROVING THE FOLLOWING NUMBERED RESOLUTIONS LISTED   ON  THE WORKSHOP COUNCIL MEETING AGENDA FOR THIS DATE:  07-271, 07-272, 07-273, 07-274, 07-275, 07-276, 07-277, 07-278, 07-279, 07-280, 07-281, 07-282, 07-283

 

Mr. Rilee made a motion to adopt Resolution 07-270.  Mr. Zoschak seconded the motion.

 

Roll Call:

Mr. Rilee – yes Mr. Zoschak – yes (recuse on check no. 44787)

Mrs. DeFillippo – yes   Mr. Hall – yes (recuse on check no. 0740505-41)

Mr. Schmidt – yes        Mr. Smith – yes

Mayor Ciaramella – yes

 

Motion carried 7 - 0

 

7-271    A RESOLUTION AUTHORIZING THE RELEASE OF CASH BOND

NO.2005-260 IN CONNECTION WITH A MAJOR SOIL RELOCATION  PERMIT FOR CLEARVIEW CINEMA BLOCK 5004 LOT 7&8

 

7-272    A RESOLUTION AUTHORIZING THE RELEASE OF CASH BOND

NO.2001-153 IN CONNECTION WITH A MAJOR SOIL RELOCATION PERMIT FOR DR. LLOYD KITCHIN BLOCK 3702 LOT 5

 

7-273    A RESOLUTION AUTHORIZING THE RELEASE OF A PERFORMANCE

GUARANTEE POSTED FOR RIGHT-OF-WAY EXCAVATION PERMIT  NO. MAY1107-A, 25 FOREST DRIVE, SUCCASUNNA, BLOCK 1302, LOT 12

 

7-274    A RESOLUTION AUTHORIZING THE RELEASE OF A PERFORMANCE

GUARANTEE POSTED FOR RIGHT-OF-WAY EXCAVATION PERMIT NO. MAY2507-B, 64 MILL ROAD, WHARTON, BLOCK 13004, LOT 1

 

7-275    A RESOLUTION APPROVING CHANGE ORDER NO. 1 TO THE

PROFESSIONAL SERVICES CONTRACT WITH KELLER & KIRKPATRICK FOR PROFESSIONAL SURVEY AND ENGINEERING SERVICES FOR DRAINAGE AND ROAD IMPROVEMENTS TO EYLAND AVENUE PHASE V

 

7-276    A RESOLUTION GRANTING THE STATE OF NEW JERSEY

DEPARTMENT OF TRANSPORTATION A NOISE ORDINANCE WAIVER FOR THE 2008 CONSTRUCTION SEASON

 

7-277    A RESOLUTION SUPPORTING A COMPLETE INVESTIGATION BEFORE

THE IMPLEMENTATION OF USER FEES ON LAKE HOPATCONG

 

7-278    A RESOLUTION GRANTING RENEWAL OF LIQUOR LICENSE #1436-33-

016-005 FOR DANIELLE’S PUB, INC., T/A DANIELLE’S AND DIRECTING LICENSING OFFICER TO DELIVER SAME

 

7-279    A RESOLUTION GRANTING RENEWAL OF LIQUOR LICENSE #1436-31-

022-001 FOR SHORE HILLS COUNTRY CLUB, T/A SHORE HILLS COUNTRY CLUB AND DIRECTING LICENSING OFFICER TO DELIVER SAME

 

7-280    A RESOLUTION GRANTING RENEWAL OF LIQUOR LICENSE #1436-33-

025-006 FOR MELMAR LLC, TRADING AS RUMORS AND DIRECTING LICENSING OFFICER TO DELIVER SAME

 

07-281  A RESOLUTION AUTHORIZING THE REFUND OF TAXES

 

07-282  A RESOLUTION AUTHORIZING THE PAYMENT OF BILLS

 

7-283    A RESOLUTION AUTHORIZING THE EXECUTION OF A RESERVATION

OF RIGHTS LETTER AND OFFER FROM THE MUNICIPAL EXCESS LIABILITY JOINT INSURANCE FUND (MEL) IN CONNECTION WITH THE TORT CLAIM FILED BY ALMA JOSEPH

 

PERSONNEL CHANGES

Memo Dated July 3, 2007 from Judy Riley, Senior Personnel Coordinator

 

COMMUNICATIONS

June 29, 2007

#2 – Interoffice Memorandum from BettyLou DeCroce to Mayor/Council, dated June 22, 2007, re: Grant Writers/Shared Services – Council is not interested in shared services for a grant writer.

 

#6 – Interoffice Memo from Christopher Raths to Rick Blood/Mike Pellek and Safety Committee Member, dated June 25, 2007, re: Morris JIF LTAF Rate – Council commended everyone for a good job.

 

#11 – Correspondence from Lake Musconetcong Regional Planning Board, to Mayor/Council, dated June 19, 2007, re: 2007 Operating Budget and Lake Management Budget – Mr. Raths will confirm payment and amount.

 

#14 – Correspondence from Joe Santoro, to Mayor/Council, dated June 20, 2007, re: Highlands Exemption Block 9203, Lot 1, Formerly Block 37, Lot 4.1, 110 Route 206 – Mr. Raths will provide Mr. Santoro with a copy of the Township’s letter.

 

#19 – Mayors Fax Advisory, dated June 26, 2007, re: Affordable Housing: 3^rd Round Challenges – the 3^rd Round numbers are still up in the air.

 

#27 – Correspondence from Roxbury Historic Trust, Inc., to Christopher Raths, dated June 22, 2007, re: Annual Report 2006 – Council acknowledged the good job of the volunteers.

 

July 6, 2007

#12 – Correspondence from Albert Rigosi, 2007 Graduate of Roxbury High School to the Roxbury Township Council, re: Name addition to Bryant Drive to Honor the Class of 2007 – Mr. Raths will respond that the Township will not change the name of the street.

 

PUBLIC PORTION

Dennis Wine, 4 Holly Drive, Succasunna, requested information on the franchise fee from Cablevision.  Mr. Hall advised that we are currently receiving 2%.  The State franchise is 4% and we are negotiating  4% if Cablevision goes with a municipal franchise.  If they go with the State, they are required to pay the 4%. 

 

EXECUTIVE SESSION

7-284    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 9:45 PM 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:                        January 22, 2008

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

                                    Mr. Behrens – abstain   Mrs. DeFillippo – yes

                                    Mr. Schmidt – yes        Mayor Smith - yes