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A Workshop Meeting of the
Township Council of the Township of Roxbury was held on October 24, 2006 at
1715 Route 46, Ledgewood, New Jersey at 7:30 p.m.
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.
ALSO PRESENT: Christopher
Raths, Township Manager; Anthony Bucco, Township Attorney; BettyLou DeCroce,
Township Clerk and Mary Jane Parr, Administrative Aide
ABSENT: Mayor Martin Schmidt
REPORTS OF COUNCIL LIAISON
REPRESENTATIVES, COUNCIL COMMITTEES AND NEW BUSINESS/OLD BUSINESS
Megan Mac Gregor
Deputy Mayor John Ciaramella congratulated
the girls for their efforts in fundraising for a family in Roxbury Township
whose two year old is suffering with
cancer. Deputy Mayor Ciaramella
presented each girl with a plaque in recognition for their efforts and thanked
them for their caring and efforts.
Steve Alford representing Roxbury Rotary
presented the girls with and $500.00 check for the Salazar trust fund. Mr. Alford also thanked the girls for all
their efforts in helping the family out.
congratulated the girls and thanked them for being so caring and understanding.
Mayor Ciaramella asked Council for discussion on Old/Business.
Councilman Tim Smith attended the
Open Space meeting yesterday and stated that it went well. The $500,000 Grant for Swim & Sport
Club looks good and the presentation
went well. Mr. Raths, Councilman Hall,
Councilman Rilee, Dave Stierli – Recreation Director, Mike Daly – Chairman of
the Open Space Committee and Andy Tibus – Open Space Committee also attended
Smith stated he also attended the Morris Tomorrow Summit today on behalf of the
Mayor and the theme was “Community Engagement.” U.S. Attorney Chris Christie was the speaker
and gave a great speech. Discussion took place on gang violence and they stated
it will hit every town. Todays gangs were compared with
prior years and we should be concerned about gangs in Roxbury. Mr. Smith stated he does have many handouts
to give out to Council.
Smith reminded Council that we need to
put plaques on the 9/11 Memorial trees the Township planted at
Horse Shoe Lake in memory Kenneth Zelman and
Smith stated that this Saturday morning at 9:00 a.m. there will be a fund
raising walk at Horse Shoe Lake for 2-year-old Lila Salazar, who is having
surgery tomorrow and that his wife Tara is preparing dinner for the family
tonight as part of the Roxbury Cares Network through the month of
November. Mr. Smith requested that as
many people as possible from the Township show up for the walk and show support
for the family.
DeFillippo stated that the walk at Horse Shoe Lake for the Salazar family
actually starts at 8:30 a.m. for registration.
DeFillippo stated that she heard that the Basket Bingo that the Roxbury Woman’s
Club held at Horse Shoe Lake last week went well and she was sorry she could
DeFillippo stated she was not able to attend the Main Street Street Scaping
Committee Meeting held on October 11th.
DeFillippo stated that there would be an Economic Development Committee meeting
this Thursday at 7:00 p.m.
DeFillippo stated she spoke with Rose Quinn from Merry Heart and that she is
looking for responses from Council. She asked if the Mayor or another Council member will be going to the ground-breaking ceremony.
Ms. DeCroce stated she did not think that the Mayor was able to attend
but will find out.
DeFillippo stated that the Recreation Halloween Parade is Monday, October 30,
2006 at 6:00 p.m. at Horse Shoe Lake.
DeFillippo also stated that the Roxbury Public Library is having their first
concert series on November 3, 2006 at 7:00 p.m.
Richard Zoschak questioned Mr. Raths if we are providing flu shots this
year. Mr. Raths stated that we are
having problems getting the vaccine from the supplier, which happens to be
under State Contract . Mr. Raths
recommended for next year that it might be wise to have our Residents get their
flu shots through private vendors since they have an easier time getting the
Zoschak spoke about the Lake Hopatcong
Commission. He stated that the
weed harvesting is finished and the equipment is at our maintenance facility.
The water level will be coming down starting November 1st to 26”
which will take approximately 30 days to complete. The Lake Hopatcong Commission is starting this week to work with
Roxbury on the Shared Services Agreement.
Mr. Zoschak also stated that Bill Clark is not doing well and we will
need to look for another foreman for next year.
Zoschak stated that the Water/Sewer Committee had a meeting on Friday and that
Wellfleet will be putting in a water line on Orben Drive and the Developer is waiting for approval from
Mt. Arlington to go forward with it.
Hall followed up with what Mr. Smith already stated regarding the presentation
given by the Open Space Committee for the Swim & Sports Club property and
all went well. Councilman Hall stated
that this is a great opportunity for the Township and we will be getting some
much-needed recreational fields. Mr.
Hall stated that Recreation is moving forward and a presentation will follow in
about one month.
Rilee stated that he received a call from Freeholder Jack Schrier in reference
to the Trails Plan. Mr. Rilee felt that
this issue would be resolved shortly allowing the greenway to connect. Mr.
Rilee stated that he heard about a letter sent to Mr. Raths from Glenn
Schweitzer of the MUA. Mr. Raths
stated that he just received the letter today and has not had an opportunity to
digest it. Mr. Raths stated that he
would send a copy of the letter to Council in their package. Mr. Raths stated that he received an e-mail
yesterday from Mr. Helmer, Executive Director
of the Morris County Park Commission and he is not going to be ready for
the November 6th meeting.
The meeting now is going to be rescheduled for sometime in December.
Rilee spoke about a Communications item dealing with the Mandatory
Consolidation Process to alleviate local property taxes and it does not address
the root of the problem, which are the schools.
Rilee stated that one suggestion made was that the County put together a
Committee, which included Animal Control, Tax Assessor/Collector and the Health
Department. Mr. Rilee suggested that we
contact the County and let them know that we are interested into looking
further into this. Mr. Raths stated he
has already done this and he has spoken to the County Administrator, John
Bonnani. The County is interested
mostly in Animal Control and the Tax Assessor Department.
Ciaramella stated that the DPW has cancelled the last two meetings and wants to
schedule a meeting to be held in the month of November. Mr. Raths stated the proposal from the
architect should be ready by November.
Ciaramella also stated that there is an Economic Development Meeting scheduled
for Thursday night and would like Mr. Raths to update him on the Main Street
Street Scaping Meeting.
DeCroce stated that all our minutes are up to date. Ms. DeCroce also commented that at the Department Head meeting
earlier today she told Mr. Raths that our draft budgets have come in from the
JIF and the HIF and that for our JIF budget it would be a decrease
premium. Ms. DeCroce also stated that
our health insurance will come in at approximately 7.26% and that we did
receive a dividend back in August of $114,000.
Ms. DeCroce stated that tomorrow she has a meeting with the County on
shared services in regards to our health coverage.
Raths stated that our total health insurance premium is around 2.2 million
DeCroce stated that we are doing really well and we should be getting another
dividend check hopefully in July of 2007 but cautioned that we should not
consider that in the 2007 budget.
DeCroce also stated that the legislation for the indemnification of Police
Officers has been drafted and it is Bill A-3563. Ms. DeCroce stated that even though we did do a Resolution
supporting this issue they are asking for a supporting Resolution with the
actual legislation number referenced.
Bucco stated that he has already done a Resolution supporting this legislation.
DeCroce stated that this bill has gone before the League of Municipalities,
Legislative Committee today and that she has been advised that it is being
DeCroce stated that the Smiles court date has been moved from December 4, 2006
to December 11, 2006.
Raths stated that the Main Street Street Scaping Committee has selected the
materials and they are awaiting additional information on the cost, quality and
durability of the material and Bill Dean, Engineer’s office is doing an
assessment that will turn over his findings to the Planning Department.
Ciaramella questioned Mr. Raths on the agreed upon fee for the assessment of
the Main Street Street Scape. Mr. Raths
stated the fee is $2,000.00.
Property Maintenance by Russell Stern,
Raths suggested to Council that they refer this matter back to the Economic
Development Committee for their review as well also.
Stern stated his report is 11 pages long and he will briefly go over some of
the main topics. Property Maintenance
is anything from painting your house, mowing the lawn to neglected
properties. The areas with the most
problems involve automobiles that are for sale (new and used) and the quantity
of vehicles on a given property as well as outside storage of vehicles.
Stern stated that he communicated with Ms. DeCroce, Licensing Officer; Mr.
Germinario, Township Planning Board attorney; Tom Potere, Zoning Officer; Chief
Noll, Mr. Bucco and Mr. Raths to put together his report.
Stern in his report spoke about:
Licensing, Land Development Ordinances, Code Enforcement, Motor Vehicle Sales
Establishments, Vehicular Service Stations, Outdoor Bulk Storage, Residential
Buffer Requirements and Sale of Vehicles on Residential Properties.
Land Use Law: Pursuant to 40:55D-68 of the
Municipal Land Use Law, any nonconforming use or structure existing at the time
of the passage of an ordinance may be continued on the lot or structure so
Stern stated that the Clerk’s Office currently issues licenses to approximately
19 used motor vehicle dealerships in total.
At this time we are only currently licensing used motor vehicle
dealerships. It is agreed that we
should be licensing new car and motorcycle dealerships in order to maintain the
Stern went on to discuss ways the township could amend or improve our current
motor vehicle dealership and towing operator licensing requirements to Obtain additional
Stern outlined the following areas that need to be changed:
– Motor Vehicle/June Dealer – change to include automobile new/used,
Motorcycles, Boats and discussion included four runners/ATV’s.
Development Ordinances: Code Enforcement, Motor
Vehicle Sales Establishments, Vehicular Service Stations, Outdoor Bulk Storage,
Residential Buffer Requirements, Sale of Vehicles on Residential Property
4.0 Municipal Land Use Law
5.0 Recommendations For Discussion
following list presents a synopsis of recommendations for discussion for
licensing and ordinance amendments involving motor vehicle dealerships, vehicle
service/repair establishments and towing operations:
Motor Vehicle Dealership and Towing Operator Licensing Requirements to
Obtain additional information.
Motor Vehicle Dealership Licensing Requirements to Include New Vehicle
Sales (new automobiles, trucks
a Zoning Permit to Obtain a License for a motor Vehicle Dealership, Motor
Establishment, and Towing Operation.
a Zoning Permit to Obtain a License for a Motor Vehicle Dealership, Motor
Annual Inspections for License Renewal
Conditional Use Standards for Motor Vehicle Sales
Conditional Use Standards for Vehicular Service Stations and Create a New
Conditional Use Cater gory for Repair/Service Facilities Not Involving Fuel
the Number of Vehicle Sales Permitted on a Residential Property.
6.0 POTENTIAL RAMIFICATIONS
Before a determination is made to proceed with the above
recommendations, the Governing Body should discuss potential ramifications to
existing and future automotive businesses and to current municipal staffing
Small business owners operate a number of the existing
automotive uses. New licensing
procedures and zoning regulations could impact the smaller establishments by
expending financial resources to process a license or application to the Board
of Adjustment. Hiring an attorney
and/or consultant to negotiate through the approval process and possible site
improvement requirements could be a serious financial burden to the owner.
Administratively, new licensing procedures and requiring
licenses for motor vehicle repair/service establishments will impose a burden
on the Township Clerk’s office and Planning Department. As discussed in item 5.6 above, annual
inspections could create over 100 additional site inspections per year in a
very concentrated period of 1 to 2 months.
This will further exacerbate the Zoning Officer’s workload.
Notification of license renewal
occurs in the autumn and issuance of licenses occurs mostly in December and
January. If licensing requirements were
amended it would probably not occur until the end of 2006. Complying with new
license regulations in a short time frame could place an unplanned financial
burden upon many small business owners and affect their livelihood. Advanced warning and public
information/education should be provided to assist those making license
applications. To incorporate public
education and allow an applicant to work its way through the Zoning Permit
and/or Zoning Board/Planning Board process, it may be more appropriate to begin
a newly structured license procedure in the year 2008. During 2007, information could be
distributed and meetings held to educate the motor vehicle dealerships, motor
vehicle repair/service establishments and towing operators about the new
licensing requirements. By doing so,
the business owners could plan administratively and financially their course of
action as well as work through the process of obtaining a zoning permit through
the Zoning Officer or approvals from the Zoning Board or Planning Board. This would also help to relieve and more
evenly handle over 65 possible applications to either the Zoning or Planning
The Zoning Board of Adjustment
could receive roughly 65 applications (preexisting nonconforming use/use
variance/site plan) if new licensing procedures are adopted. The Board meets once a month and could not
accommodate the additional applications under its current meeting
schedule. Many of the new applications
could involve at least two meetings.
Accommodating them and regular applications would require additional
Zoning Board of Adjustment Meetings.
However, after one (1) year the number will diminish and the problems
related to motor vehicle establishments substantially abated.
As noted in item 5.5 above,
during the first year of implementing the zoning permit process a considerable amount
of my time will be spent reviewing the applications to the Zoning/Planning
Boards and attendance at the public
The Governing Body should be aware that they could be faced
with legal action from automotive uses that do not obtain a Zoning Permit
and/or a favorable approval from the Zoning or Planning Board. Legal action will impose a financial
imposition upon the Township that could surpass the fees collected from
licenses and zoning permits during the initial years of implementation.
Motor vehicle licensing and zoning amendments discussed are measures to address the uncontrolled
placement of vehicles that can create safety hazards and promote an undesirable
visual environment. Such factors can
negatively impact the Township and spread if left unchecked.
The above recommendations are for the purpose of
discussion. The ramifications of any
action should be thoroughly discussed.
The adequacy of current staffing levels and funding to implement the
proposals should be reviewed. The
Governing Body should discuss the measurable benefits of revising the licensing
and zoning regulations and weigh them against the potential impacts to existing
and future motor vehicle businesses.
The combination of education, summonses, monthly inspections
and applying the Ordinances consistently from one property another has led to a
noticeable improvement along the Route 46 and Route 10 corridors. Private redevelopment along these highways
and pending redevelopment has and will continue to enhance both corridors.
Discussion ensued by Council members with various
concerns. Council felt that this was
the beginning of dialogue as to how the township could better the business
Old Business -
River Watershed Cabinet—2 Members, 1-year term.
Development Committee—1 Member, 3-year term – Deputy Mayor Ciaramella stated
that they had one resignation and now they have two openings and after the
first of the year they may possibly have a total of three openings. Deputy Mayor Ciaramella stated that
Councilwoman DeFillippo suggested that we should contact our Chair for the
Planning Board and the Zoning Board and ask them to volunteer their time to
serve on this board. Councilwoman
DeFillippo and Ms. DeCroce each stated that they have resumes from residents
interested in the Committee. Councilman
Smith questioned Mr. Bucco if someone other than a town resident can volunteer
for a Committee. Mr. Bucco stated that Committee Members should be a resident
of the town according to the Township Ordinance.
Highlands Compact—2 Members
County 208 Water Quality PAC
Board Alternate No., 2, unexpired term of Michael Hawley, 1/1/06 – 12/31/07.
Cable Committee, unexpired term of Michael Hawley, 3/8/05 – 12/31/07.
Circulation Advisory Committee (see attachment)
Deputy Mayor Ciaramella
amended the agenda to 6c for discussion.
Mr. Paul Nusbaum representing Merry Heart Nursing Home was present for
discussions on COAH related fees.
Councilman Smith stepped
down during this discussion due to a potential conflict of interest.
BY COUNCIL MEMBERS, MANAGER, ATTORNEY OR CLERK
C. Merry Heart Health Care Campus Mandatory Development Fees. – Mr.
Paul Nusbaum, Esq. spoke on behalf Blanche Bonnifacio, owner of Merry Heart and
stated that according to State Statute
an assisted living facility must set aside 10% of its beds for medicade eligible patients and, therefore, according to Town Ordinance, you don’t have
to pay the COAH fee. Mr. Nusbaum feels
that when the state made this law the Council has it in their powers to exempt
any organization such as assisted
living facilities for medicade eligible persons. The fee would be a total
of $80,000 that Merry Heart would have to pay if the Council does not waive
this fee. Mr. Nusbaum went on to state that Merry Heart has been a good
neighbor and they pay substantial taxes to the town and they go out of their
way each year to host the Merry Heart 5k run in which the money raised goes out
to local charities. Mr. Nusbaum
suggested that the Council should make an Ordinance exempting any assisted
living organization from the developer’s fee.
Bucco stated that what Mr. Nusbaum just stated is accurate and that by statute 10% of the units would
have to be put set aside for medicade patients. Mr. Bucco stated he sent an e-mail to Sean Thompson at COAH and
questioned if the town could use the units as COAH credits. Mr. Thompson replied that the Township will not receive COAH credits. The units would have to be deed restricted
and Merry Heart would need to supply low to moderate-income documentation to
the state in order to be COAH credible.
Only if Merry Heart takes the extras steps would the Municipality
receive credit for there fair share of low and moderate-income housing. Mr.
Nusbaum would like the Township to pass an ordinance. Mr. Bucco stated we have
the ability to pass an ordinance waiving the development fee.
Mr. Bucco stated we would be held liable for the COAH credit
share for the number of employees, which the new Assisted Living facility
generates. Mr. Bucco stated that the
town does have an option to exempt this type of facility by Ordinance, but we
will not receive COAH credits.
Councilman Zoschak stated
his main concern is if the Township would be liable for the COAH growth share
for the increase in the number of employees that are added from the development. Mr. Bucco stated we
Councilman Hall questioned
when do these fees have to be paid. Mr.
Raths stated 50% before the building permit is issued and another 50% before
the certificate of occupancy is issued.
Mr. Bucco cautioned Council
on deviating from the Township Ordinance because COAH comes in to audit
annually and would question why the ordinance
was not followed. Mr. Stern will
have to sign the audit and the numbers will not agree and this is Mr. Bucco’s
questioned how many COAH units would be generated as a result of the new
assisted living facility. Ms.
Bonnafacio stated they currently have approximately 200 employees for 100 beds.
Councilman Zoschak stated he
has no problem as long as the Town is not penalized.
Mr. Raths stated that Merry
Heart has their foundation permit. Ms.
Bonafacio stated that construction begins in one month. Mr. Bucco stated that the development fees
would be over $80,000. Mr. Bucco asked
for a 5 minute recess.
Deputy Mayor Ciaramella at
this point requested Council take a five-minute break at 9:00 p.m.
At 9:05 the meeting resumed.
Mr. Bucco announced that he
and Mr. Nusbaum are going to have a meeting and enlist some assistance
from our local Legislators to speak
with COAH to get a definitive answer from them in writing whether or not the
new assisted living units at Merry Heart will or will not be COAH units. Mr. Bucco also went on to state that Mr.
Sterns will do calculations and if Council does not object we could go ahead
and issue the building permits, but the Town may have to impose a fee at the
end depending on the outcome. Mr. Stern
stated he will talk to Mr. Thompson at COAH and Mr. Stern will have to get
confirmation from Mr. Thompson. Council
recommended that Mr. Stern contact other municipalities with assisted living
facilities to evaluate how they dealt with the fees and credits. Ms. DeCroce
suggested to Mr. Stern that he get in touch with Harriett, Zoning Board Administrator of the Parsippany Board of
Adjustment as Parsippany is evidently dealing with the same issues.
At this time Deputy Mayor
Ciaramella amended the Agenda to number five on the agenda and Councilman Smith
returned to the dais.
256 Eyland Avenue
Mr. Church stated that ATV’s parked along Route 46 are as
much as an eye sore as the automobiles parked on the highway.
Mr. Church also commented on page 21 of the agenda, a fax
correspondence addressed to Ms. DeCroce from Senator Bucco’s office, which
speaks about some funding for tank removal.
Councilman Smith stated some years back a portion of money was set aside
to cover the problem of underground storage tanks and the business tax was set
accordingly. Not many requests have
come in and a balance of money is just sitting there and the purpose is to reallocate the money to another current
Councilwoman DeFillippo questioned Mr. Smith about this fund
and why no one requested this fund. She
questioned if it had anything to do with the fact that insurance companies are
changing. Mr. Bucco stated most
insurance agencies will not issue you a
homeowner’s insurance policy unless the
underground tank is removed.
Mr. Church stated he never heard about this fund. Mr. Raths
suggested Mr. Church contact Mayor Schmidt or Senator Bucco if he wants further
Mr. Church also questioned Council about the transfer
station on Berkshire Valley Road. Mr.
Raths stated that the operation at the transfer station is exempt by Federal Statue and the lease is
coming up for renewal in the year
At this time Deputy Mayor Ciaramella amended the agenda back
to number six on the agenda.
A. Application for Special Permit for Social
Affair by Temple Shalom.
B. Application for Special Permit for Social Affair by Rory O’Moore
Pipes & Drum. Roll
Mr. Zoschak made a motion to
move items A and B on the agenda for approval.
Mr. Rilee seconded the motion.
ROLL CALL: Mr. Zoschak – Yes Mr. Rilee – Yes
Ms. DeFillippo – Yes Mr. Hall - Yes
w/recusal on A Mr. Smith - Yes
Deputy Mayor Ciaramella -
C. Merry Heart Health Care Campus Mandatory Development Fees – Previously
D. Paxos Easement – Mr. Paxos is asking the town to remove the
easement (Property next to Derings
Mr. Rilee made a motion to
remove the Paxos easement as long as they cover the costs. Mr. Smith seconded the motion.
ROLL CALL: Mr. Rilee – Yes Mr. Smith – Yes
Mr. Zoschak - Yes Deputy Mayor Ciaramella
Mr. Bucco questioned who
is going to prepare the metes and bound
description. Mr. Raths stated he would
get the information from Mr. Paxos and forward it to Mr. Bucco.
E. Support of Ballot Question # 2 (Fax from Senator Bucco’s office)
Councilman Rilee, stated he is not
ready to support item E. on the agenda.
Councilman Zoschak stated he does not
think that item E on the agenda is going to help the Commission.
Councilwoman DeFillippo stated that she is not prepared to
vote on this issue and would like to review it further. Councilman Smith stated he agrees with Ms.
DeFillippo and would like to look into it further. Council agreed that no vote is necessary on this matter.
May 23, 2006 Executive
July 11, 2006 Regular
September 26, 2006 Executive
September 26, 2006 Workshop
October 10, 2006 Executive
Mr. Zoschak - Yes Deputy Mayor Ciaramella - Yes
w/recusal on May 23rd
06-354 A resolution
incorporating by reference herein and approving the following numbered
resolutions listed on the Workshop Council Meeting Agenda for this date:
06-355, 06-356, 06-357, 06-358, 06-359, 06-360, 06-361, 06-362, 06-364, 06-365,
Mr. Rilee made a motion to
adopt Resolution 06-354. Mr. Smith
seconded the motion.
Ms. DeFillippo –
Yes Mr. Hall - Yes
ck. #’s 244790 &
06-355 A resolution authorizing the acceptance of
various easements from Gruber Partners, L.P. for Fresenius Medical Care of
Kenvil / Kenvil Medical Center, Block 4002, Lot 16 in the Township of Roxbury.
06-356 A resolution authorizing the acceptance of a
Deed of Dedication and Sight Triangle Easement from Margaret Y. Carmean for the
Rainbow Management Subdivision, Block 4102, Lot 2 in the Township of Roxbury.
06-357 A resolution amending the membership of the
Township Fire Department.
A resolution authorizing the release of a Performance Guarantee posted
for Right-of-Way Excavation Permit No. OCT1006, 143 Eyland Avenue, Succasunna,
Block 3301, Lot 18.
A resolution authorizing the release of a Performance Guarantee posted
for Right-of-Way Excavation Permit No. MAR22066, 33A State Route 10 East,
Succasunna, Block 19051, Lots 11, 13 and 14.
06-360 A resolution authorizing a sanitary
sewer allocation to Fresenius Medical Care of Kenvil/Kenvil Medical Center for
the property located at 677 US Highway 46, Kenvil. Block 4002, Lot 16.
A resolution authorizing the award of a Professional
Services Contract to Matthew L. Martini, P.L.S., P.P. of Keller &
Kirkpatrick for professional survey and engineering services for drainage and
road improvements to Eyland Avenue Phase V.
A resolution authorizing the purchase of a 5000lb
capacity forklift from Reliable Lift Truck Services.
06-363 A resolution authorizing the award of
a Professional Services Contract to Thomas B. Connolly, R.A. of HJGA
Consulting, Architecture And Historic Preservation, Inc. for architectural,
historic preservation and archeological services associated with the
preparation of a feasibility study and design development document for the
Inclined Plane 2 East of the Morris Canal.
Discussion took place as to the amount of money being used for this
project, which Mr. Raths stated is being paid for by county grant money.The
Council is concerned that there is
only one vendor. Mr. Raths stated that there is only one
vendor which does this type of work.
Council stated they want the Resolution to state that the amount for
this project is coming from county grant money.
Councilman Smith made a motion to adopt Resolution 06-363 with the
condition that the wording of the Resolution states that the funding for the
project is from a county grant.
Councilman Hall seconded the motion.
ROLL CALL: Mr. Smith – Yes Mr. Hall – Yes
Ms. DeFillippo –
Yes Mr. Rilee -
A resolution authorizing the purchase of a 25KW generator from R&J
A resolution authorizing the execution of a license agreement
between the Township of Roxbury and the American Society of Composers, Authors
and Publishers (ASCAP).
resolution authorizing a Professional Services Agreement with Keller and
Kirkpatrick, inc. to revise and update the municipal tax maps and GIS system.
06-367 A resolution authorizing payment of bills.
October 13, 2006
#1 - Correspondence from Christopher Raths,
Township Manager to Mayor & Council dated October 13, 2006 RE: Information
Update – Mr. Smith questioned the letter attached from the Fire Chief on Duty
Crews and why we don’t get any information on the night time crews and who is
responding to calls – Mr. Raths stated
that during the night time there are many people available and we only need it
for the day time.
#2 – Correspondence from Anthony Bucco, Township
Attorney to Christopher Raths, Township Manager dated September 27, 2006 RE:
Proposed Rules Concerning Mandatory Municipal Appropriation for Libraries
Established Under N.J.S.A. 40:54-1 – Mr. Zoschak stated he would like to see a
copy of the rules. Mr. Raths stated he
would get copies out to Council.
#12 – Fax Correspondence from Ross M. Hull, Senior
Environmental Specialist, N.J.D.E.P. Bureau of Recycling & Planning to
BettyLou DeCroce, Township Clerk dated October 6, 2006 RE: Acknowledgement of a
Notification of Exempt Recycling Activities – Mr. Rilee stated he thought that
the town had a say in recycling components and that clearance came from the
town and the county – Mr. Raths stated that he is working with the County on
this and Mr. Ciaramella has spoke with him about this and he is forwarding it
to the MUA.
Ms. DeCroce added that she received an email from the D.E.P. on RAW (Roxbury Auto Wreckers) stating that
all environmental issues with the D.E.P. have been remedied. Mr. Raths stated that RAW was cited with
some violations but were able to abate them and were granted their permit by
the State. Ms. DeCroce stated that she
discussed this issue with Mr. Raths and Mr. Potere, Zoning Officer, who agreed
that since the D.E.P. had released RAW from any violations the Township permit
should be approved.
#15 – Correspondence from James. W. Mell,
Chairperson of Roxbury Municipal Alliance Committee (ROMAC) to Police Chief
Mark Noll dated October 3, 2006 RE: Concern Over the Past Year of Lowered
Police Visibility at Community Functions – Mr. Rilee stated he is concerned and
stated that we will be having Roxbury Day next year.
#16 - Correspondence from Eugenia Wiss, Secretary
of Hopatcong Planning Board to the Sussex County Planning Board, Morris County
Planning Board & Surrounding Towns dated October 4, 2006 RE: Amendment of
the Master Plan – Ms. DeFillippo questioned where we stand on this issue.
Mr. Raths stated he will address this issue within the next weeks
#20 – Correspondence from Fred Jacobs, M.D., J.D.
Commissioner to Friends & Colleagues dated September 2006 RE: 2006 Hospital
Performance Report – Ms. DeFillippo stated she would like to see the report –
Mr. Raths stated he will give it to her.
#21 – Correspondence from Michael Kobylarz,
Township Engineer/Director of Public Works to Andres S. Holt, Vice President of
Suburban Consulting Engineers dated September 27, 2006 RE: Proposal For
Municipal Public Works Complex/Professional Services – Mr. Rilee questioned if
we are locked into this Engineer – Mr. Raths stated we pretty much are unless
we want to halt production and go back out to bidding. Mr. Rilee stated he has some concerns, which
he will discuss in executive session.
#23 – Mayors Fax Advisory from William G. Dressel,
Jr., Executive Director of NJLM dated October 11, 2006 RE: Increase in Fees For
Organizations Conducting Legalized Games of Chance – Ms. DeFillippo questioned
Ms. DeCroce if the Fee was Significant – Ms. DeCroce stated yes it was doubled
from $10.00 to $20.00.
Councilwoman DeFillippo made a motion to send a letter to
the NJLM that the fee is too excessive for non-profit organizations. Councilman Rilee seconded the motion.
ROLL CALL: Ms. DeFillippo – Yes Mr. Rilee – Yes
Mr. Hall – Yes Mr. Smith
Mr. Zoschak - Yes Deputy Mayor
Ciaramella - Yes
October 20, 2006
At this time Deputy Mayor Ciaramella stated that
Councilman Jim Rilee stepped down from the dais for potential conflict of
#1 – Correspondence from Christopher Raths,
Township Manager to Mayor & Council dated October 20, 2006 RE:
Information Update # 16 NJ/DOT Commerce Blvd. – Mr. Raths stated
that he spoke with Mr. Sohn of the DOT on Thursday and he indicated that if the
Township is willing to endorse the concept plan with the minor modifications
including the elimination of the round abouts the project can proceed. If not, the project will have to go back to
the beginning of the concept plan, which means it will be in limbo for quite a
while. If Roxbury endorses the plan it
will go before the DOT’s Capital Program Committee where it will be
prioritized. If the funds are approved
for this project it could take anywhere from eighteen to twenty-four months and
the appropriations for the right of ways would be done at the same time and
then it goes to final design and construction which adds another eighteen to
twenty-four months and then after these four years the project may be ready for
construction. If the Township does not
endorse this plan we will start at the beginning. Mr. Raths stated that the DOT agreed to get rid of the round
abouts. If we want any changes made to
the road at Hillside Avenue it would have to go back to the concept phase of
the project, but Mr. Sohn stated if we do endorse the project he would be
willing to attempt the Hillside Intersection as part of the project
also. Mr. Raths stated if we agree to
move forward with the project we will need to prepare a Resolution and that he
has a draft letter to Congressman Frelinghuysen asking that this money be
directly ear marked for the next Federal Transportation Legislation. This money would not only be used for the
construction but also for the proper design.
Mr. Raths stressed that 8 million dollars is a significant amount of
money for this project.
Councilman Hall stated we pointed out significant issues,
which were missing from their plan such as the Hillside Intersection along with
others, and it does not look like they took the time to fully evaluate our
concerns. Now as a result the DOT is
telling us that they don’t feel that our concerns are relevant. Mr. Hall questioned Mr. Raths if the DOT
came to him during their project phase.
Mr. Raths stated that they did not contact him at all. Mr. Hall questioned Mr. Raths if the DOT
spoke to anyone from the Township. Mr.
Raths stated as far as he knows, they
Councilwoman DeFillippo stated that she got the
impression that they didn’t really know Roxbury Township or the issues that we
have with the traffic in this area.
Councilman Hall stated this was not a well thought out
Councilman Smith stated he agrees with everyone’s
concerns and questioned Mr. Raths if there is a time frame in which we have to
get back to them. Mr. Raths stated that
in an earlier conversation he had with Camille Fernicola, Office Manager of the
NJDOT Office of Community Relations she indicated to him that they want an
answer in the next six to eight weeks.
Councilman Smith suggested that we proceed with contacting our
Mr. Raths suggested we should endorse the project or else
the project will get pushed aside for many years down the road.
Ms. DeCroce stated we will have to be very careful in our
wording when we put together a Resolution for this project. Mr. Raths and
Mr. Raths stated he will call Mr. Sohn back to get
confirmation from the DOT that the Hillside Intersection will definitely be
included in this plan. Mr. Hall
suggested that several Council members work with Mr. Raths in preparation of a
strong letter with our displeasure stated and yet emphasize the areas that need
immediate attention, which should include Hillside Avenue and Mary Louise
At this point Councilman Rilee returned to the dais.
#10 – (Information Update) Deer View Waterline
Right-of-Way – Councilman Zoschak questioned Mr. Raths about having this matter
settled before the Township would issue a Certificate of Occpancy Mr. Raths
stated as long as the development has potable water, we legally can not hold
back the Certificate of Occupancy. At
this point Mr. Raths stated any disputes become a civil matter. Mr. Zoschak stated that the property owners
have contacted him and they believe that no Certificate of Occupancy would
happen until they settled their dispute.
Mr. Raths repeated that it is a civil matter at this point.
#22 – Correspondence from The Board at Shore Hills
Country Club to Mayor & Council dated October 19, 2006 RE: Donation of the
Pond at the Intersection of Rogers Drive, Cole Place & Colver Rd., Landing
– Mr. Zoschak stated that we maintain this pond anyway – Mr. Raths stated we
would be liable if we were to take this donation – there is a small risk and no
benefit to the Township if we take ownership.
Council all agreed that they would not like to take ownership of this
#23 – Correspondence from Michael M. Rubbinaccio,
Morris County Prosecutor to Chester Borough Police Chief Neil Logan, President
– Morris County Police Chiefs Association dated October 16, 2006 RE: Morris
County Prosecutor’s Office Task Force Assignments – Councilman Rilee stated
that he felt this letter sounds like a threat.
Councilman Smith questioned if we have taken a formal position with our
Police Officers that they are not to participate until they are covered. -
Ms. DeCroce stated that even though nothing formal has been put in
writing, she believes that they are
honoring not getting involved in the County Task Force Assignments. Mr. Raths
stated that this is true and that he has spoken with Chief Noll and he would
contact him again to confirm.
#26 – Correspondence from Alex DeCroce, Assembly
Republican Leader to Elected Officials dated October 2006 RE: Resolution Urging
Bipartisan Action by the State Legislature on Ethics Reform – Council all
Agreed to Support.
Councilwoman DeFillippo brought to the attention of
Council that the Morris Ledger, an insert in the Star Ledger Newspaper had a
list of all the towns and Roxbury was incorrectly listed as three different towns
– Succasunna, Kenvil and Landing.
06-368 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
Councilman Rilee made a
motion to approve Resolution 06-368.
Councilman Smith seconded the motion.
ROLL CALL: Mr. Rilee – Yes Mr. Smith – Yes
Mr. Ciaramella –
DeFillippo - Yes
Mr. Hall - Yes Deputy
Mayor Ciaramella - Yes
Councilman Hall made a
motion to modify the September 26, 2006 Executive Session Minutes. Councilman Rilee seconded the motion.
ROLL CALL: Mr. Hall – Yes Mr. Rilee – Yes
Mr. Smith - Yes Deputy
Mayor Ciaramella - Yes
At 11:10 pm Councilman Smith made a motion to adjourn the
Workshop Meeting. Councilman Hall
seconded the motion.
MINUTES APPROVED BY COUNCIL
ROLL CALL: Mr.
Rilee – yes Mr. Smith – yes
Ciaramella – yes Mr. Hall – yes
Zoschak – yes Mayor Schmidt - yes