July 12, 2005
A Regular Meeting of the Township Council of the Township of
Roxbury was held on July 12, 2005 at 1715 Route 46, Ledgewood, N.J. 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, 2005; notice was posted on the bulletin board in the main hallway of the Municipal
Building on January 5, 2005.
ROLL
CALL (Present): Councilwoman Sandy
Urgo, Councilmen John Ciaramella, Jim Rilee, Martin Schmidt and Mayor Richard Zoschak
ALSO
PRESENT: Christopher Raths, Township
Manager; Anthony Bucco, Township Attorney and BettyLou DeCroce,
Township Clerk
ABSENT:
Councilmen Fred Hall was absent. Councilman Tim Smith was not present as he
was with the Roxbury Township Recreation Department helping with the Summer
Concern Series.
PRESENTATIONS
Leukemia
& Lymphoma Society “Light the Night Walk”
Nicole DiTraini
Campaign Manager for “Light The Night” gave a presentation. “Light the Night”
is to raise monies for research and awareness of Leukemia and Lymphoma. This
program has raised approximately 360 Million dollars since its inception, last
year alone they raised $555,000.
Also present
were Brand Phillip and Louise McClain from The Leukemia & Lymphoma Society
they discussed the Kickoff Celebration to be held on October 1, 2005 at Horseshoe Lake. Ms. Phillip’s stated that every 5 minutes someone in the United
States is diagnosed with a blood disorder each year.
Ms. McClain
spoke about the event to be held at Horseshoe Lake on October 1, 2005. Registration starts at 5:30 and “Light The Night” walk will start at 7:00 PM. Ms. McClain stated that there would be cancer patients/survivors present to
participate as well. Everyone attending the walk will be given a balloon to
carry, white balloons for cancer patients/survivors and red for supporters.
The “Light the
Night Walk” will be held on October 1, 2005 at Horseshoe Lake
75% of the
profit goes to the society.
Mayor Zoschak
suggested that they should contact the Roxbury Rotary Club to get them
involved.
Ms. Phillip’s
would like the Council to spread the word. .
Ms. DiTraini
stated that she wants to thank the Recreation Department, Dave Stierli and all
the volunteers for all the help they have given them already. They did state
that they would need one of the EMS squads to be present and one of the Fire
Departments to be on call. Chief Hayowyk was present and stated he was writing
down their requests. Also it was discussed if the Police Explorers would be
present. Mr. Raths will check into the presence of the Explorers with Lt.
Franklin. Ms. Phillip’s also stated that they would like to hang a banner in
town and have “Light the Night Walk” on the town web site. Mr. Raths will
contact Rob Kuncken, IT about the web site.
Ms. DeCroce
stated that in 1997 Mathew Luther our Chief Financial Officer died of Lymphoma
at the age of 33.
APPROVAL OF MINUTES
April 5, 2005
Budget/Workshop Meeting
April 26, 2005
Workshop – RESUBMIT NEXT AGENDA
April 26, 2005
Executive Session
May 10, 2005
Executive Session 05-158
May 10, 2005
Executive Session 05-178
June 14, 2005
Executive Session
June 14, 2005
Regular
June 28, 2005
Workshop – RESUBMIT NEXT AGENDA
June 28, 2005
Executive Session 05-253 – HOLD UNTIL EXECUTIVE SESSION
June 28, 2005
Executive Session 05-254
Councilwoman
Sandy Urgo stated that the May 10, 2005 Executive Session Minutes the heading
that states Villages she felt that the heading should be changed. Mr. Bucco
stated that it could be changed to Renaissance/Continental Properties. Ms.
Urgo also asked that the June 28, Executive 05-253 be held until Executive
Session. The April 26, 2005, Workshop Minutes will be re-submitted at the next
meeting for approval.
Mr. Rilee made a
motion to approve the, April 26, 2005 Executive Session, May 10,
Executive Session 05-158, May 10, 2005 Executive Session 05-178, June 14, 2005
Regular, June, June 14, 2005 Executive Session, June 28, 2005 Executive Session
05-254. Mr. Schmidt seconded the motion.
Roll Call: Mr. Rilee – Yes Mr.. Schmidt –
Yes
Mr. Ciaramella – Yes (abstained 6/14
Regular & Executive)
Ms. Urgo – Yes (abstained 6/14
Regular & Executive)
Mayor Zoschak – Yes
Motion Carried: 5 to 0 (with 2 abstentions on 6/14/05 Regular & 2 abstentions on 6/14/05 Executive.)
Mr. Ciaramella made a motion to approve the April 5, 2005 Budget/Workshop minutes. Mr. Schmidt seconded the motion.
Mr. Rilee – Abstained Ms.
Urgo – Abstained
Mayor Zoschak – Yes
Motion Carried: 3 to 0 (w two abstentions)
PUBLIC PORTION
Dennis
Wine
4 Holly Succasunna
Mr.
Wine asked as to the current status on the two police officers that are being
paid and yet are suspended. Mr. Raths stated that they are still suspended
with pay until such time if an indictment is filed against the Officers.
Mr.
Wine also discussed the North bound lane on South Hillside Avenue by Rt. 10
there is only a left turn on the green arrow and it is creating a traffic
backup. Mr. Rilee stated that the Police should take a look at this
situation. Mr. Raths advised that we have to contact the State about this
traffic situation. Mr. Raths will follow up with the State and report back to
Council.
Mr.
Wine referred to Page 15 in the Agenda. Mr. Wine felt that the graph
pertaining to the increase in Net Valuation Taxable (NVT) did not reflect
properly. Mr. Raths will provide additional information to Mr. Wine.
Charlie
Alpaugh
Eyland
Avenue
Mr.
Alpaugh questioned as to the current status of the annex. Mr. Alpaugh stated
that the study was completed in March pertaining to the Fire Department annex.
Mr. Raths advised that discussions have taken place with the Fire Chiefs and we
have met with surrounding communities. Mr. Raths further stated that we have
in place monitoring as to our response times. Also lists of personnel in town
who are EMT’s were twenty, which also included Police Officers.
Robert
Church
256 Eyland Avenue
Mr. Church requested the status of 82-150 being amended
for the Fire Department reorganization. Mr. Bucco stated that they met with
the Chief’s last Friday and he currently is drafting the proper ordinance.
Chief
John Hayowyk
Fire
Company Chief
Chief
Hayowyk stated that last Friday there was a call to the Antique owner on Rt.
#46. One of the employees stated that the owner placed a box in the dumpster
that was marked explosives. The Roxbury Fire Department, Emergency Management,
Police, Department of Army all responded to the call. The command center was
set up in the Outback Steak House parking area. Chief Hayowyk commended
everyone who responded. Thankfully there were no explosives in the marked
box. Further, Chief Hayowyk also commended Outback Steak House for there help
and taking care of the responding personnel with food, drinks etc.
Mayor
Zoschak stated that he received a call from Channel 4 news. Council felt that
it would be appropriate to have a plaque made to recognize Outback Steak House
for their support of our community.
Mayor
Zoschak closed the public portion
REPORTS
OF COUNCIL LIAISON REPRESENTATIVES, COUNCIL COMMITTEES AND NEW BUSINESS/OLD
BUSINESS
A.
Procurement Policy – Will be at
future Council Meeting
B.
Appointments - Will be
appointed at future Council Meeting.
i.
Lake Musconetcong Regional Planning Board: 1 Member, 4-year Term (Mayor
Appointment)
ii.
Rockaway River Watershed Cabinet - 1 Member, 1-year term and
un-expired term of Tricia Fragale (1/1/05 >
12/31/05).
Councilman
Ciaramella stated that he feels there is a need for all new businesses to
register with the township, which would include management and their phone
numbers in the event, the township needs to contact them. Also, there should
be a requirement if there is a change in the original submission they would
have to update the township on a regular basis. Mr. Bucco stated that the Fire
Department handles this type of requirement in other towns. Mr. Ciaramella
felt that since our fire department is all volunteers the Construction
Department should oversee this requirement. Mr. Raths stated that he would
look at other communities and get back to Council. Mr. Bucco stated that an
ordinance would be needed requiring this. Mayor Zoschak stated that we are
putting together the GIS System, which should help us accomplish our needs and
make it easier.
Councilman
Schmidt had passed out a letter from Michael Strand, JASM, and Troop 163. The
letter stated that Troop 163 have been working with local businesses and
interested parties on a plan to renovate the cabin, and the surrounding areas
of Ledgewood Park. Their hope is to make the area a place for scouts
(Boy Scouts, Cub Scouts, Girl Scouts, Venture Scouts and Explorers) to have a
camping/activity area close to home, yet secluded from a lot of the
urbanization in Roxbury. Included in this they would hope to create a trail
network throughout the 30-acre park, which would also connect to the 248-acre Morris Canal Park. Planned
renovations include, but are not limited to, replacing the roof, installing a
steel entry door, installing new windows, replacing the siding, and repairing
the deck and railing. Council felt that this was a great idea and Mr. Raths
should contact them and discuss their actual plans. Also, it was stated by
Council that Mr. Raths advise them that they will need insurance coverage for
this project also, when it’s complete naming the township additional insured.
Councilman
Schmidt stated that we need an update on the Soccer Fields on Righter Road.
Mr. Raths will keep Council apprised.
Councilman
Schmidt questioned the trees on Nyma Way. Mr. Raths spoke to the property owner and if she
has her contractor remove the trees the Township would re-plant.
Councilman
Schmidt has received complaints about the little league field being utilized
past 10:00 PM. Mr. Raths stated that during tournaments they could
play past 10:00 PM. When they have a rain delay this pushes back the
start of the game, which could then be past 10:00 PM. Mr. Raths is working
with Dave Stierli, Recreation Director to push the games ahead earlier for next
year.
Councilman
Schmidt discussed the intersection sign at Hillside
Avenue and Eyland Avenue.
Mr. Raths will follow up.
Councilwoman
Urgo questioned if we have received anymore-additional information pertaining
to the lease from the County with regard to the railroad. Mr. Raths stated no
we did not, but he will follow-up with another letter.
Councilwoman
Urgo wants us to make sure the township communicates to the County that the
town is interested in the property behind Horseshoe Lake (railroad). Mayor Zoschak stated that whoever
develops the old Wickes site would have problems with the DEP. Mr. Raths will
contact the County and keep Council up to date on the communications with the
County.
Councilwoman
Urgo stated that there is a water meeting on Friday, July 15, 2005.
Councilman
Rilee questioned the current status of the Nutrition Center in Berkshire Valley and if the County will be moving it to another
location. Mr. Raths stated that he has to follow-up with the County and he
will keep Council advised.
Councilman
Rilee asked Mr. Raths as to the status on the Main Street Steetscape Meeting.
Mr. Raths stated that Lucinda in his office is working on it.
Councilman
Rilee stated that the Fire Department meeting was cancelled last evening
because of the emergency on Rt. #46.
Councilman
Ciaramella questioned Mr. Raths as to the activity of the landscaping company
who is parking equipment on the Hercules property along Rt. #46. Mr. Raths
stated that he has already contacted Hercules and he will keep the Council up
to date.
Mayor
Zoschak brought up for discussion 64
Laurie Road and stated that all the
garbage has been picked up.
Mayor
Zoschak questioned if anyone has been advised as to the fire in Nixon School. Mr.
Raths stated that he has not at this time. Mr. Raths will contact the Board of
Education and get back to Council.
Mayor
Zoschak asked for an update on the firing range on the Hercules property. Mr.
Raths stated that there is no firing at night. Mr. Raths further stated the
Chief Noll has spoken directly to Mr. Kellogg who filed the complaint. Also,
Mr. Raths stated that he has been advised that the firing range does not need a
license from the state.
Mayor
Zoschak stated that he had received a letter from St. Clare’s asking for
support from the Township to allow angioplasty procedures at the Dover campus.
Council felt that since they do not have the backup of a full operating
facility at the Dover Campus it could be detrimental to the public. In the
event that a patient has a problem during the procedure they would have to
transport them to another hospital for treatment/surgery, which could be life
threatening.
Mayor
Zoschak thanked Rick Blood, Assistant DPW Director, for Hidden Driveway signs
on Shippenport Road.
Mayor
Zoschak asked Mr. Raths to get a sound engineer here A.S.A.P. to work on the
speakers in the Council Chambers.
Mr.
Raths advised the Council of drainage construction on Main Street
and Canal Street would be done by September 2005.
MATTERS
REQUESTED/REFERRED BY COUNCIL MEMBERS, MANAGER, ATTORNEY OR CLERK
A.
Application for Raffles License
No. RA: 1248 by Roxbury Fire Company # 1 Ladies Auxiliary, Inc.
B. Application
for Raffles License No. RA: 1249 by Roxbury Fire Company # 1
Ladies Auxiliary,
Inc.
C. Application for a Special
Permit for Social Affair by Swim and Sport Club.
Mr. Rilee made a motion to approve A,B and C.
Ms. Urgo seconded the motion.
Roll Call: Mr. Rilee – Yes Ms. Urgo – Yes
Mr. Ciaramella – Yes Mr. Schmidt –
Yes
Motion Carried: 5 to 0
INTRODUCTION OF PROPOSED ORDINANCES
None
HEARING
AND ADOPTION OF ORDINANCES ON SECOND READING
None
INTRODUCTION AND ADOPTION OF RESOLUTIONS
05-255
A resolution incorporating by
reference herein and approving the following numbered resolutions listed on the
regular council meeting agenda for this date: 05-256, 05-257, 05-258, 05-259,
05-260, 05-05-261, 05-262, 05-263, 05-265, 05-266, 05-267, 05-268.
Mr.
Rilee made a motion to approve 05-255. Mr. Schmidt seconded the
motion.
Roll Call: Mr. Rilee – Yes Ms. Urgo – Yes
Mr. Ciaramella – Yes (recuse from
chks #36467, 36469)
Mr. Schmidt – Yes Mayor Zoschak
– Yes
Motion Carried: 5 to 0 (2 recusals from Chks)
05-238 A resolution authorizing the purchase of FTR
Gold Digital Recording System (A.O.C. approved). – Hold till next meeting.
05-256 A resolution approving the 2004 annual
audit for the Township of Roxbury.
05-257 A resolution authoring the acceptance
of a cash bond for soil relocation for James McArdle Property located on West
Dewey Avenue, Block 7101, Lot 25.
05-258 A resolution authorizing the release of
Performance Bond No. 2004-384 in connection with a cash bond for site plan of
Peter Bartek, located on Route 46, Ledgewood, Block 9501, Lot 12.
05-259 A resolution amending No. 2004-338 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.
05-260 A resolution authorizing the acceptance of a
cash bond for soil moving permit for Clearview Cinema located in Roxbury Mall,
Block 5004, Lots 7 & 8.
05-261 A resolution approving a public display of
fireworks on July 29, 2005 at Horseshoe Lake Island Area, 72 Eyland Avenue,
Succasunna, New Jersey.
05-262 A resolution authorizing the refund of special
sewer assessment.
05-263 A resolution authorizing the refund of taxes.
05-264
A resolution authorizing the
purchase of a digital telephone system for the Library Department from Extel
Communications, Inc. – Hold till next meeting. Mr. Raths will follow up
with the Library prior to the next meeting.
05-265 A resolution authorizing the release of a
Performance Guarantee posted for Right-of Way Excavation Permit No. MAE0304A,
Michelle Migton, 2 Budd Street, Ledgewood.
05-266 A resolution authorizing the release of a
Performance Guarantee posted for driveway paving at 529 Roger’s Drive, Landing,
Block 11801, Lot 20.
05-267 A resolution authorizing the purchase of a rear pumper fire
apparatus from Pierce Manufacturing, Inc.
05-268 A resolution authorizing payment of bills.
Add On – 05-270 A resolution authorizing a
Professional Engineering Services
With Dewberry-Goodkind, Inc.
for Grant Assistance for the Streetscap
Plan along Main Street.
Mr. Rilee made a motion to approve 05-270.
Mr. Schmidt seconded the motion.
Ms. Urgo stated that she felt that we should obtain the
grant application ourselves and do it in-house rather then contract out for the
services.
Roll Call: Mr. Rilee – Yes Mr. Schmidt –
Yes
Mr. Ciaramella – Yes Ms. Urgo – No
Mayor Zoschak – Yes
Motion Carried: 4 to 1
PERSONNEL CHANGES
Memo from Judy Riley dated July 7, 2005.
COMMUNICATIONS
July 1, 2005
#11 Mayors Fax Advisory from William G. Dressel Jr.,
Executive Director of NJLM dated June 28, 2005 re: A-1820 – Union Card Check.
Mr. Raths stated that he is replying through the League as it has already been
voted on by the state legislature and currently is awaiting signature of the
Governor.
#14 Correspondence from Bradley M. Campbell, Commissioner
Department of Environmental Protection, State of N.J. to Honorable Richard
Zoschak, Mayor of Roxbury Township dated June 27, 2005 re: 1436-00-0009,
Roxbury Open Space Plan, Roxbury Township, Morris County: A thank you from
Mayor Zoschak will be prepared to send to the state.
#18 Correspondence from Jack Lettiere, Commissioner,
State of New Jersey, Department of Transportation to Christopher Raths,
Township Manager dated June 24, 2005 re: Thank You Letter Supporting Access to
Main Street from the Ledgewood Circle. Mr. Raths will follow up.
July 8, 2005
#13 Correspondence from Anthony R. Bucco, Senator, 25th
Legislative District to Mayor Richard Zoschak, Roxbury Township dated July 1, 2005 re: Garden State Green Acres Preservation Trust Fund Awarded to Roxbury in
the amount of $575,000. Mayor Zoschak commented and stated that we should be
wise as to how this money is spent and it needs to be spent where the greatest
need exists.
#18 Interoffice Memo from Betty Lou DeCroce, Township Clerk
to Mayor & Council dated July 8, 2005 re: Roxbury Image: Council
discussed this in detail and agreed that the $2,500.00 appropriated for the
fourth quarter mailing should be used to cover the cost of this issue. The
services with Summit Ad Group then should be terminated and a new publisher
hired. Ms. DeCroce stated that previously she had met with Redmond Press and
will contact them again to obtain firm numbers. Council also agreed that the
funding for this would be solicited from businesses in the community to cover
the cost of producing.
PUBLIC PORTION
No
public Comment
EXECUTIVE SESSION
05-269 Resolution of the Township Council of the Township of Roxbury, in
the County of Morris, New Jersey, and authorizing conference of the Township Council
with the public excluded.
Mr.
Rilee made a motion to approve Resolution 05-269 for an Executive Session.
Mr. Schmidt seconded the motion.
Roll Call: All In Favor – Yes
At 9:05 PM Council adjourned to Executive Session.
At 10:50 PM Council returned to the Regular Meeting. Ms.
Urgo was not present as she left earlier from Executive Session for discussions
by the Council that could be a potential conflict of interest.
Mr.Rilee made a motion to approve the June 28, 2005 , Executive Minutes 05-253 as discussed in Executive
Session. Mr. Schmidt seconded the motion.
Roll Call: Mr. Rilee – Yes Mr. Schmidt –
Yes
Mr. Ciaramella – Yes Mayor Zoschak
– Yes
Motion Carried 4-0
ADJOURNMENT
At 11:00 PM Mr. Schmidt made a motion to adjourn the Regular
Meeting of July 12, 2005. Mr. Rilee seconded the motion.
Motion Carried 4-0
Submitted By:
BettyLou DeCroce
Township Clerk
MINUTES APPROVED BY COUNCIL:
DATE: August 9, 2005
ROLL CALL: Mr. Rilee – yes Mr.
Ciaramella – yes
Mr. Hall – abstain Mr.
Schmidt – yes
Mr. Smith – abstain Ms.
Urgo - yes