July 26, 2005
A Workshop
Meeting of the Township Council of the Township of Roxbury was held on July 26,
2005 at 1715 Route 46, Ledgewood, N.J. at 7:30 p.m.
OPEN PUBLIC MEETING STATEMENT
Notice is hereby
given that the Workshop Meeting of the Township Council of the Township of
Roxbury previously scheduled for 7:30 PM will be held on Tuesday, July 26, 2005
at 7:00 PM, at 1715 Route 46, Ledgewood, New Jersey. This meeting is being
held for the purpose of starting the regular scheduled meeting 30 minutes early
for Council to hold an Open Space and Farmland Preservation Trust Fund 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 July 14, 2005;
notice was posted on the bulletin board in the main hallway of the Municipal
Building on July 14, 2005.
ROLL CALL
(Present): Councilmen
John Ciaramella, Fred Hall, Jim Rilee, Martin Schmidt
Also Present:
Christopher Raths, Township Manager; Anthony Bucco, Township Attorney and Janet
Rieth, Deputy Township Clerk
Councilwoman
Sandy Urgo was absent.
Mayor Zoschak
arrived at 7:20 PM. He attended the beginning of the
concert being held at Shore Hills Park, which is the last of the Township’s
concert series.
Councilman Smith
arrived at 7:22 PM. He also attended the beginning of the
concert being held at Shore Hills Park.
NOTICE OF
PUBLIC HEARING—OPEN SPACE AND FARMLAND PRESERVATION TRUST FUND
In accordance
with the Rules and Regulations of the Morris County Open Space and Farmland
Preservation Trust Fund, the Governing Body of the Township of Roxbury will
conduct a Public Hearing on the application for county grant funding for 15.86
acres owned by WWRM Partnership, c/o W. McNear, 165 Ledgewood Landing Road,
Block 10101, Lot 23, and a portion of the property owned by Wellfleet
Developers, Inc., and located at Shippenport Road, Landing Block 11201, Lots 1,
2 & 3 on Tuesday, July 26, 2005 at 7:00 PM at the Township Municipal
Building, 1715 Route 46, Ledgewood, New Jersey. (Refer to resolutions 05-272
and 05-273)
Public Hearing
on the proposed county grant application for the acquisition of 165
Ledgewood-Landing property and a portion of the Wellfleet Developers, Inc.
property.
OPEN TO THE
PUBLIC
Mr. Rilee made a
motion to open the public hearing on the application for the 15.86 acres owned
by WWRM Partnership, c/o W.
McNear, 165 Ledgewood Landing Road, Block 10101, Lot 23. Mr. Hall seconded the motion.
Roll Call:
Mr. Rilee – yes Mr.
Hall – yes
Mr. Ciaramella –
yes Mr. Schmidt – yes
Motion carried 4
– 0
Earl Riley,
Morris Land Conservancy, stated that the conservancy supports this application
and that it will greatly benefit the Township for recreation purposes in the
Landing area. Mr. Hall stated that the Recreation Advisory Committee also
supports this application. Mr. Raths showed Council and the public a
preliminary conceptual plan of the area and advised that Mr. Kobylarz, Township
Engineer/Director of Public Works, is in the process of completing an RFP for
a Phase I environmental assessment and wetlands application.
Dennis Leogrand,
241 Ledgewood-Landing Road, stated that he also supports the
application.
Mr. Rilee made a
motion to close the public hearing on the application for the 15.86 acres owned
by WWRM Partnership, c/o W.
McNear, 165 Ledgewood Landing Road, Block 10101, Lot 23. Mr. Hall seconded the motion.
Roll Call:
Mr. Rilee – yes Mr.
Hall – yes
Mr. Ciaramella –
yes Mr. Schmidt – yes
Motion carried 4
- 0
Mr. Hall made
a motion to open the public hearing on the application for the portion of the
property owned by Wellfleet Developers, Inc., and located at Shippenport Road, Landing Block 11201, Lots 1, 2 &
3. Mr. Rilee seconded the motion.
Roll Call:
Mr. Hall – yes Mr.
Rilee – yes
Mr. Ciaramella
– yes Mr. Schmidt – yes
Motion carried
4 - 0
Earl Riley,
Morris Land Conservancy, advised that the Conservancy supports this application
and they believe that the preservation of portions of this property will
protect vistas and natural wildlife habitat. Mr. Ciaramella questioned if we
have defined the area we are interested in purchasing. Mr. Rilee stated that
there are several options available and this will be discussed further in
Executive Session tonight.
Mr. Hall made a
motion to close the public hearing on the application for the portion of the
property owned by Wellfleet Developers, Inc., and located at Shippenport Road, Landing Block 11201, Lots 1, 2 &
3. Mr. Rilee seconded the motion.
Roll Call:
Mr. Hall – yes Mr.
Rilee – yes
Mr. Ciaramella –
yes Mr. Schmidt – yes
Motion carried 4
- 0
REPORTS OF
COUNCIL LIAISON REPRESENTATIVES, COUNCIL COMMITTEES AND NEW BUSINESS/OLD
BUSINESS
NEW BUSINESS
A. Presentation
of Plaques to Former Council Members
The three former
Council members could not be present tonight. Therefore, the presentations will
be made on September 13th.
B. Department
Presentation: Finance, Mid-year Report – This will be discussed later in the
meeting.
OLD BUSINESS
Mr. Bucco
stated that there is progress.
Appointments
Lake Musconetcong Regional Planning Board: 1 Member,
4-year Term (Mayor Appointment).
Rockaway River Watershed Cabinet - 1 Member, 1-year
term and un-expired term of Tricia Fragale (1/1/05 > 12/31/05).
Council
requested that the Clerk’s Office place a small article in the Roxbury Image
requesting volunteers for the above positions.
Discussion
ensued regarding the representative of the Historic Advisory Committee to the
Main Street Streetscaping Committee. The Clerk’s office will send a memo to
Council regarding the confusion and a representative will be appointed at the
next meeting.
Mr. Rilee
reminded everyone about Roxbury Day/National Night Out, which will be held on
Friday, July 29th.
Mr.
Rilee requested an update regarding the meeting in Trenton pertaining to the DPW Facility. Mr. Raths advised that Mr.
Kobylarz, Township Engineer/Director of Pubic Works, is on vacation this week
and when he returns the memo summarizing their meeting will be completed.
Mr. Rilee
questioned when the Manager’s evaluation will be held. Mr. Hall stated that
it was his understanding that the Clerk’s evaluation would be completed first.
The Clerk’s Office will provide Council with the forms for the Clerk’s review.
Mr. Ciaramella
stated that the Economic
Development Committee met
on July 21st. They requested that Jim Gordon make a presentation
to Council regarding the placing of signs at the entrance to the Township.
The Economic Development
Committee will be holding a
seminar for small and new businesses on September 15, 2005 at 7:30
AM. There will be a guest
speaker.
Mr.
Ciaramella requested an update on the well test for the DPW location. Mr.
Raths advised that the report from Engineering will be sent to Council when Mr.
Kobylarz returns from vacation next week. Mr. Raths further advised that the
bid opening for the demolition of the existing building took place on July 22nd.
Mr.
Hall thanked the Manager and staff for handling the many complaints that he had
received from residents this week regarding various issues. They were all
handled professionally and on time.
Mr. Hall also
thanked staff for the progress being made at Horseshoe
Lake regarding the safety issues on the bike
path. There is some signage in place; however, additional signs will be
installed.
Mr.
Hall requested that a short article be placed in the next issue of the Roxbury
Image requesting that anyone interested in coaching should contact the
Recreation Department. Mr. Hall will provide the information to the Clerk’s
Office.
Mr. Schmidt
stated that the Environmental Commission will be focusing on “Adopt A Spot” and
requested an update from Mr. Raths regarding the signs. Mr. Raths stated that
the Township can provide 20-25 signs. Mr. Raths will provide a sample sign to
the Commission.
Mr. Schmidt
reminded everyone of the next Neighbors Helping Neighbors luncheon, which will
be held on August 6th at 11:30
AM at the Senior Center. If anyone would like to volunteer,
they can show up on that date by 11:00
AM.
Mr. Schmidt
stated that a small group of citizens have formed a committee to look into the
construction of a dog park in the Township, which would be used by registered
Roxbury pet owners. He further stated that this would be a self-funded park and
would not use any Township monies. He would like Council’s support to continue
with this project. Mr. Rilee stated that he brought this up a few years ago and
he would support the idea if there is a place to house it. Mr. Schmidt has
met with Frank Grisi, Health Officer, and Dave Stierli, Recreation Director,
who are behind the idea. Council would like more information regarding
expenses and placement of the park before they agree to moving further. Mr.
Raths will speak with Mr. Grisi and Mr. Stierli and report back to Council.
Mr. Smith
recognized Dave Stierli, Recreation Director, the Recreation Department and the
Arts Alliance for their work on the Summer Concert Series. There were five
concerts held at different locations in the Township. Mr. Smith also thanked
Commerce Bank for their financial support of the concert series.
Mr. Smith
advised that the Water and Sewer Committee is waiting for Tom Grau to work out
the Department of Public Works details with the DEP in Trenton.
Mayor Zoschak
received a letter from Joan McDowell regarding the buildings at Willow Walk.
Mr. Raths will look into the matter.
Mayor
Zoschak attended the Lake Hopatcong Commission meeting on July 18th.
The State gave a grant of $500,000 to the Commission for funding for this
year. There was discussion at the Commission meeting regarding overnight boats
on the lake and they have requested municipalities to look into adopting an
ordinance to prohibit people from staying on the boats overnight.
Mayor Zoschak
attended the TMDL meeting with Mike Kobylarz and advised that all catch basins
in the Township must be mapped. Sussex County has volunteered to lend their
GPS equipment to the Township and train personnel. Mr. Raths will follow up on
this.
PUBLIC PORTION
Dennis
Wine, 4 Holly Drive, Succasunna, discussed the letter in the communication
package from ISO regarding the status the Township’s fire suppression
services. Mr. Raths stated that the results were good.
Robert
Church, 256 Eyland Avenue commented on the fact that the microphones in the
Council Chambers do not work. Mayor Zoschak stated that they worked better
last week at the Planning Board meeting and he will get to the bottom of the
problem. Mayor Zoschak would like to have Jerry, who has been working on the
system, attend a meeting and work on the microphones at that time.
Charlie
Alpaugh, Eyland Avenue, Succasunna, again requested that the extra lane at the
Route 46 jug handle be taken out. Mayor Zoschak explained that he, Mr. Raths,
Senator Bucco and Assemblyman Merkt rode around the Township last week and
discussed various traffic issues, one of them being the aggressive driver lanes
at the Route 10/Route 46 intersection and the jughandle. Letters will be
written to the Senator and Assemblyman so that they can address the situation
with the DOT.
Mr. Alpaugh
questioned if the Township has taken control of the property on Mooney
Mountain. Mr. Bucco advised that the Declaration of Taking will be filed
within the next couple of weeks. Mr. Alpaugh stated that there are saplings on
the property that should be removed.
Mayor Zoschak amended the
Agenda to Department Presentation
Department
Presentation: Finance, Mid-year Report
Lisa Palmieri,
Chief Finance Officer, discussed the year to date, as of June 30th,
revenues and expenses as compared to the Budget.
Ms. Palmieri
showed a breakdown of the tax revenue and advised that the municipal taxes
represent approximately 23% of the total levy, the County approximately 10% and
the school approximately 64%. Ms. Palmieri advised that we will be initiating
the lock box service this summer, where residents will be mailing their checks
to a post office box in Newark, NJ. The bank will collect the funds on our
behalf, deposit the money directly into our account and send a transmission
that we will load into our software and each block and lot will be updated
instantly.
Mr. Hall
questioned if the percentages of the total levy have changed from year to year.
Ms. Palmieri stated that they have changed slightly, but not significantly.
She will provide Council with this information in their next packet.
Ms. Palmieri
noted that the cash balance is at a low point right now because the tax bills
have not yet gone out.
Mr. Raths
advised that as of June 30th, our revenues are ahead of our
expenditures by $178,000.
Ms. Palmieri
stated that the revenue for the Water Utility is currently at 77% and the Sewer
Utility is at 73%, which is attributed to connection fees for Willow Walk and
Renaissance.
At this time
Mayor Zoschak opened the meeting to the public.
Maureen
Castriotta, Salmon Lane, questioned if the expenditure in the election account
includes the school election. Ms. Palmieri advised that it includes all
elections.
MATTERS
REQUESTED/REFERRED BY COUNCIL MEMBERS, MANAGER, ATTORNEY OR CLERK
A. Application
for Raffles License No. RA: 1250 by Lakeland Animal Haven, Inc.
B. Application
for Raffles License No. RA: 1251 by Roxbury Rotary Club.
C. Application
for Special Permit for Social Affair by Roxbury Rotary Club.
D. Memo from
Cindy Graham requesting a Block Party.
Mr. Rilee made a
motion to approve Items A through D. Mr. Hall seconded the motion.
Roll Call:
Mr. Rilee – yes Mr.
Hall – yes
Mr. Ciaramella –
yes(recuse on Items B & C)
Mr. Schmidt –
yes Mr. Smith – yes
Mayor Zoschak –
yes (recuse on Items B & C)
Motion carried 6
– 0 with 2 recusals on Items B & C
APPROVAL OF MINUTES
April 26,
2005 Workshop
June 28,
2005 Workshop
Mr. Rilee made a
motion to approve the above Minutes. Mr. Schmidt seconded the motion.
Roll Call:
Mr. Rilee – yes Mr.
Schmidt – yes
Mr. Ciaramella –
yes Mr. Hall – yes
Mr. Smith – yes Mayor
Zoschak – yes
Motion carried 6
– 0
DRAFT ORDINANCES FOR DISCUSSION
None
INTRODUCTION OF PROPOSED
ORDINANCES
None
HEARING AND ADOPTION OF
ORDINANCES ON SECOND READING
None
DRAFT RESOLUTION FOR DISCUSSION
None
INTRODUCTION AND ADOPTION OF
RESOLUTIONS
05-271
A resolution
incorporating by reference herein and approving the following numbered
resolutions listed on the workshop council meeting agenda for this date:
05-238, 05-264, 05-274, 05-275, 05-276, 05-277, 05-279, 05-280
Mr. Rilee made a
motion to adopt Resolution 05-271. Mr. Schmidt seconded the motion.
Roll Call:
Mr. Rilee – yes Mr.
Schmidt – yes
Mr. Ciaramella –
yes (recuse on checks #36627, 36631)
Mr. Hall – yes Mr.
Smith – yes (recuse on checks #36525, 36527, 36528, 36529)
Mayor Zoschak –
yes
Motion carried 6
– 0 with one recusal on checks #36525, 36527, 36528, 36529, 36627, 36631
05-238
A resolution
authorizing the purchase of FTR Gold Digital Recording System (A.O.C.
approved)
05-264
A resolution
authorizing the purchase of a digital telephone system for the Library
Department
from Extel Communications, Inc.
05-274 A resolution authorizing additional funding for
Professional Services provided by
Integra Krauser & Cirz to support
litigation matters involving Pio Costa/LaHue
condemnation on behalf of the Township of
Roxbury
05-275 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
05-276 A resolution authorizing the award of a contract to
Fair-Con Builders, Inc. for the
bathroom
improvements for ADA compliance for Roxbury Senior Center, 72 Eyland
Avenue,
Block 1802, Lot 7
05-277 A resolution authorizing the Township to apply to the
Department of Environmental
Protection
for the 2004 Recycling Tonnage Grant
05-279 A resolution authorizing the purchase of an automatic
parts washer from Aqua Tech
Hotsy,
Inc.
05-280 A resolution authorizing payment of bills
05-272 A resolution authorizing the filing of a grant application
with the Morris County Open
Space And Farmland Preservation Trust
Fund for acquisition of 165 Ledgewood-
Landing Road, Landing, NJ Block 10101,
Lot 23 (commonly known as Mc Near
Property)
Mr. Rilee made a
motion to adopt Resolution 05-272. Mr. Smith seconded the motion.
Roll Call:
Mr. Rilee – yes Mr.
Smith – yes
Mr. Ciaramella –
yes Mr. Hall – yes
Mr. Schmidt –
yes Mayor Zoschak – yes
Motion carried 6
– 0
05-278 A
resolution authorizing the award of a contract to Tilcon New York Incorporated
for
milling and paving of Eyland Avenue
Mr. Schmidt made
a motion to adopt Resolution 05-278. Mr. Smith seconded the motion.
Roll Call:
Mr. Schmidt –
yes Mr. Smith – yes
Mr. Ciaramella –
yes Mr. Hall – yes
Mr. Rilee –
abstain Mayor Zoschak – yes
Motion carried 5
– 0 with one abstention
COMMUNICATIONS
July 15, 2005
#8
– Interoffice Memo from BettyLou DeCroce, Township Clerk, to Russell Stern,
Township Planner, dated July 11, 2005, re: COAH – Mr. Hall questioned if the
Housing Affordability Service waiting list precludes us from having Roxbury
residents being able to use our future affordable housing. Mayor Zoschak will
advise the Seniors at their next meeting that, if they are interested, they can
contact the Manager’s office to have their name put on the list.
#14
– Correspondence from Thomas Prettyman, NJDOT, to Edward Dunne, dated July 7,
2005, re: Left Turn Prohibition, Route 46 – This will be sent to the Police and
Engineering Departments for their review.
#18
– Mayors Fax Advisory from William Dressel, Jr., NJ League of Municipalities,
dated July 13, 2005, re: Arbitration Awards – Mr. Raths will send a letter
supporting the League’s position.
July
22, 2005
#2
– Correspondence from Christopher Raths, to Chief John Hayowyk, Sr., dated July
15, 2005, re: Appreciation for the Efforts of all Volunteer Firefighters and
EMT’s During the Andy’s Antiques Explosives Incident – Mayor Zoschak advised
that Outback Steakhouse stayed open and donated food to the volunteers. The
Township will be presenting a plaque to Outback in September.
#7
– Correspondence from Dorothy Guzzo, Historic Preservation Office, to Steven
Vecchione of Fay, Spofford and Thorndike, LLC, dated July 12, 2005, re: Bridge
#1400-757 on Carey Rd over Drakes Brook – The State is requesting a full survey
for the project.
#8
– Correspondence from Anthony Bucco to Christopher Raths, dated July 18, 2005,
re: Business Registration Ordinance – A copy of the Ordinance has been sent to
Mike Pellek for his input and a copy will be given to Council.
#10
– Correspondence from Barbara Hirst, DEP, to Mayor Zoschak, dated July 15,
2005, re: Proposed Amendment to the Northeast, Upper Raritan, Sussex County,
Upper Delaware Water Quality Management Plans – Council would like an opinion
from Mike Kobylarz, Township Engineer.
#11
– Resolution #13 from the Board of Chosen Freeholders, re: Speed Limits – This
was authorized by the Township a while ago.
#15 –
Correspondence from Audrey Wallock, Vice Principal of Lincoln/Roosevelt School,
to Dave Stierli, Recreation Director, dated July 12, 2005, re: Thank you for
all the Support and Cooperation during the Sixth Grade Festivities at Horseshoe
Lake and for Being a “Hometown Hero” – Council congratulated Mr. Stierli.
#16
– Mayors Fax Advisory from William Dressel, NJLM, dated July 18, 2005, re:
Proposed Green Acres Rules – Mr. Raths will send a letter expressing the
Township’s support.
#18
– Correspondence from Anthony Bucco, Township Attorney to Bernie Tolma,
President of Reiner Mechanical, dated July 1, 2005, re: Township of Roxbury
Public Library – HVAC System – Mr. Bucco advised that he received a response.
This will be discussed in Executive Session tonight.
#19 – Mayors
Fax Advisory from William Dressel, Jr., NJLM, dated July 20, 2005, re: Transportation
Trust Fund – Mr. Raths will send a letter of support.
#20
– Mayors Fax Advisory from William Dressel, Jr., NJLM, dated July 20, 2005, re:
Department of Transportation Welcome Sign Program – The Township must register
the signs we have placed on State roads.
#24
– Correspondence from Christopher Raths, to Ms. Grace Fleet, Mt. Arlington,
dated July 19, 2005, re: 44 Salmon Lane, Landing, Block 11307, Lot 2 – Mr.
Raths advised that the letter just went out Friday and he has not received a
response yet.
At
this time Mayor Zoschak opened the meeting to the public.
Mr.
Church 256 Eyland Avenue, Succasunna, questioned the situation regarding the
railroad. Mr. Raths advised that he sent a second request to the County
requesting them to address the items in the lease that state they are required
to have municipal permits. The County has not responded as of this date.
Robert
Kluska, Emmans Road, Flanders, advised that the Agendas are not listed in date
order on the Township website. Mr. Raths will check with Rob Kuncken, IT
Director.
EXECUTIVE
SESSION
05-281 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.
Ciaramella made a motion to adopt Resolution 05-281 for Executive Session. Mr.
Hall seconded the motion.
Roll
Call:
Mr.
Ciaramella – yes Mr. Hall – yes
Mr.
Rilee – yes Mr. Schmidt – yes
Mr.
Smith – yes Mayor Zoschak – yes
Motion
carried 6 - 0
At
10:15 PM Council returned to the Workshop Meeting.
05-273
A resolution authorizing the filing of a grant application with the Morris
County Open
Space And Farmland Preservation Trust
Fund for acquisition of a portion of Wellfleet
Development, Inc., Shippenport Road,
Landing, NJ Block 11201, Lots 1, 2 & 3
Mr.
Rilee made a motion to adopt Resolution 05-273. Mr. Smith seconded the motion.
Roll
Call:
Mr.
Rilee – yes Mr. Smith – yes
Mr.
Ciaramella – yes Mr. Hall – abstain
Mr.
Schmidt – yes Mayor Zoschak – yes
Motion
carried 5 – 0 with one abstention
05-282 A Resolution Authorizing the Award of a
Professional Services Contract to Excel
Environmental Resources, Inc. for
Environmental Consulting Services Related to the Hercules Kenvil Works Property
Tax Appeal
Mr.
Rilee made a motion to adopt Resolution 05-272. Mr. Smith seconded the motion.
Roll
Call:
Mr.
Rilee – yes Mr. Smith – yes
Mr.
Ciaramella – yes Mr. Hall – yes
Mr.
Schmidt – yes Mayor Zoschak – yes
Motion
carried 6 - 0
ADJOURNMENT
_________________________
BettyLou
DeCroce
Township
Clerk
MINUTES
APPROVED BY COUNCIL
DATE: August 9, 2005
ROLL
CALL: Mr.
Rilee – yes Mr. Ciaramella – yes
Mr.
Hall – yes Mr. Schmidt – yes
Mr.
Smith – yes Ms. Urgo - abstain