November 14, 2005 REVISED
A Workshop Meeting of the
Township Council of the Township of Roxbury was held on November 14, 2005 at
1715 Route 46, Ledgewood, New Jersey 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, Fred Hall, Jim Rilee, Tim Smith, Martin
Schmidt and Mayor Richard Zoschak
ALSO PRESENT: Christopher Raths, Township
Manager; Anthony Bucco, Township Attorney and BettyLou DeCroce, Township Clerk
REPORTS
OF COUNCIL LIAISON REPRESENTATIVES, COUNCIL COMMITTEES AND NEW BUSINESS/OLD
BUSINESS
New Business
A.
Swearing in of Sergeant Kevin
Carroll – Ms. DeCroce, Township Clerk swore in Sergeant Kevin Carroll
B.
Presentation—Outback Steakhouse
for assisting Roxbury Emergency Services on July 11, 2005. – Mayor Zoschak
presented Mr. Luzzi with a plaque for their outstanding assistance and service
to Roxbury Township. Councilman Fred Hall stated that Outback has always
been a great neighbor in helping out the community in different events held
throughout the year.
Councilman Smith commented on sewer connections and
the MSA. Mr. Smith commented that there will be a public meeting this Thursday
from 1:00p.m.-5:00 p.m. on 11/17/05. Christopher Raths stated he and Mike Kobylarz,
Township Engineer would attend. Mr. Smith also stated that Roxbury Township
received $450,000 for the McNear tract and 2.1 million for the Villages from the
County in grant money. The Morris Land Conservancy has obtained funding for
the Blanchard tract for Open Space acquisition. December 8, 2005 is the next Economic Development Committee meeting for contractors at 7:00 a.m.
Councilwoman Sandy Urgo stated the Main Street
Committee is not meeting until December. Ms. Urgo stated she has some ideas in
regards to the D.E.P. wastewater regulations. In regards to the Community
Garden, Ms. Urgo stated it will be presented at a later
date.
Councilman Rilee stated he attended the D.P.W.
meeting the other night and should have some figures for the budget. Mr. Rilee
met with the Highlands Council and will update Council at a later date. The
Planning Board has approved the Housing Element & Fair Share Plan. Christopher
Raths stated Russell Stern set up the Master Plan Meeting, and it looks like
the Highlands Council is trying to expand the preservation area and extend it
further out. Mayor Zoschak stated they were trying to get some public input
and didn’t get many answers and it is very frustrating.
Councilman Rilee stated that he had met with the Fire
Chiefs & EMS personnel and they are trying to get duty crews set up for
short term and Christopher Raths is working with them on this.
Councilman Ciaramella stated that the Economic Development Committee received their first recognition award. Mr.
Ciaramella also stated that he did not attend the D.P.W. meeting because he was
ill.
Councilman Hall congratulated Kathy DeFillippo, Jim
Rilee and Tim Smith on their election victory. Mr. Hall stated that the girls
cross-country is doing an outstanding job at RHS. They are state champs once
again. The girls high school soccer and football teams are also doing great
a great job in the State tournament. Councilman Hall also stated that the
Board Of Education would like to engage the Township in discussions in matters
relating to field maintenance. They would like to engage our Parks team to
review our best practices and obtain our assistance in formulating a plan to
better maintain their playing fields. Also, Mr. Hall stated that the teachers
have reached a compromise agreement with Roxbury Board of Education regarding
the teachers’ contract. The agreement is for two years at 4.6% per year and,
unfortunately, there was limited public in attendance to hear the details of
the agreement. In addition, Mr. Hall stated that Recreation Advisory
Committee has completed the 38 page Master Plan. Mr. Hall offered to review
the findings in the report with Council members prior to the meeting on December 6, 2005.
Christopher Raths stated that there will be a Special
Meeting regarding the budget and Recreation Master Plan on December 6, 2005.
Mr. Hall stated that discussion has taken place in
regards to the completion of the entrance to Horseshoe Lake. Mr.
Raths stated that hopefully after the Thanksgiving weekend and after the
completion of the drainage problems at Mooney Mountain Pocket Park are
repaired, then the Engineering Department plans to work on the entrance to Horseshoe Lake.
Councilman Hall questioned Council on a smoking
ordinance. Ms. Urgo stated we had ordinances from different communities and
suggested that we take a look at the Ordinance Mt. Olive prepared. Mr. Bucco
stated he would look into it.
Mr. Hall also commented on the creation of an all encompassing
general code of conduct document for all Roxbury recreation sports. This will
be geared towards spectators & parents.
Mr. Hall stated that there will be a computer
advisory committee meeting next week.
Councilman Schmidt stated that he missed the
Environmental meeting because he attended the D.P.W. meeting. Mr. Schmidt
questioned Mr. Raths on the well located at the proposed D.P.W. site. Mr.
Raths commented that he has a meeting with Tom Grau tomorrow and he will check with
the D.E.P. Mr. Schmidt stated that the Boy Scouts want to start camping in
December.
Mayor Zoshcak stated he would like to present the
First Presbyterian Church of Succasunna with a plaque for their 250th
Anniversary banquet to be held on April 29, 2006
and that everyone is invited to attend. Also St. Therese Rectory is having a
Thanksgiving service this coming Sunday at Temple Shalom at 7:00 p.m. Mayor Zoschak also stated the Lake Hopatcong
Commission received the Technical Excellence Award from the National
Association of Lake Management Services of Wisconsin. Mayor Zoschak went on to
state that tomorrow night the D.E.P. is giving the Lake Hopatcong Commission a
big award at the League Conference in Atlantic
City.
Ms. DeCroce stated that she will be giving a
comprehensive report on the North Jersey Health Insurance Fund. Ms. DeCroce
stated this year’s budget will increase 9.22% (we estimated 10%). Ms. DeCroce
also stated she is a member of the Finance Committee and the surplus is doing
well and will be followed up again in July 2006. Hopefully a reduction or a
check will be reimbursed to the town. On the JIF – Ms. DeCroce stated she
serves on the Contracts Committee and she is the Chair and all contracts were
approved and the increase was 2.5%. Ms. DeCroce thanked Mike Pellek for all
his work. The overall increase for this year is .022% (less than ¼%
increase). The Township’s Premium is about $687,000 with a 6% return to the
Township because Ms. DeCroce administers it herself. Ms. DeCroce went on to
state that most towns have an outside insurance agency to administer it and she
does this herself, saving the town about $42,000 – $43,000 in refunds. Ms.
DeCroce repeated that Council will receive a comprehensive report that shows
and compares where other insurance carriers are compared to Roxbury.
Mr. Raths stated that he attended the EMS service
meeting with the chiefs and they will be posting roster sheets for volunteers
to sign up and then we can determine the interest of who wants to volunteer.
Also, Mr. Raths stated that in September a memo on fuel use was sent out and
that prior to his memo 6,714 gallons were used per month as opposed to 4,694
after the memo which has exceeded his expectations.
Mr. Raths stated that the Zoning Officer (Tom Potere)
and the Police Department have sent out over 85 letters in September and
October to used car lots/auto repair stations, which are selling and storing
cars, which stated that if they did not have auto sale licenses they are not
permitted to sell cars. Mr. Raths stated they are now in the process of
preparing Notices of Violations and in addition to that they are
restricted to having only 3 cars over night and Tom Potere of Zoning along with
Vince Salvatoriello of Public Works will be going out in the next couple of
weeks counting the actual cars that are being stored overnight.
Ms. DeCroce stated since she is the one who issues
these licenses that she needs to see who these letters are going out to since her
department handles the licenses. Mr. Raths stated he has the letters and will
give her copies. Mr. Raths stated there have been numerous complaints and
they are acting on it. Mr. Raths stated that these shops have been getting
away with non-compliance for too long.
Mayor Zoschak questioned Mr. Raths about information
he heard from a Fireman that Company #1 has been going out with two people on a
crew, instead of waiting for a third and that the response times have gone down
because of that. Mr. Raths stated that it could have and that he forwarded an
e-mail he received from John Hayowyk to Tony Bucco last Thursday regarding this
issue. Mr. Raths also stated that Chief Hayowyk has contacted the State. Mr.
Raths stated he knows that they have been having some difficulty with some
calls.
Mayor Zoschak stated that Company #1 belongs to The
Gold Cross and they are required to have two paramedics and a driver.
Other fire companies in town go out with only one paramedic and a driver.
Old Business
- Procurement
Policy
- Appointments
– Mayor Zoschak stated he would like to have these seats filled by the
next meeting.
i.
Lake Musconetcong Regional
Planning Board: 1 Member, 4-year Term (Mayor Appointment).
ii.
Lake Musconetcong Regional
Planning Board: un-expired term of Brandon Phillips (11/25/03 > 12/31/06).
(Mayor Appointment) – Mayor Zoschak named Tom Buglisi as a possible
appointee for Council to consider and gave them his phone number and e-mail
address.
iii.
Rockaway River Watershed Cabinet:
1 Member, 1-year term and un-expired term of Tricia Fragale (1/1/05 >
12/31/05).
iv.
Open Space Committee: un-expired
term of Mena Schultz (1/1/04 > 12/31/06) – Councilman Smith is working
on this.
v.
Lake Hopatcong Commission:
un-expired term of Brandon Phillips (1/1/04 > 12/31/05) – Mayor Zoschak
named Nicolas DePalma as a possible appointee for Council to consider
and gave them his phone number and e-mail address.
PUBLIC PORTION
Robert Church
256
Eyland Avenue, Succasunna
Mr. Church commented on the design of Righter Road &
Hillside Avenue and why two lanes are not clearly marked. Mr. Raths stated the
County designed the road. Mr. Church also commented that Route 46 & Kenvil
Avenue also has no markings on the road. Ms. Urgo stated that is only a
one-lane road. Mr. Raths stated he would have Mike Kobylarz look into it.
Russ
Vanderbush
Budd
Street, Kenvil
Mr.
Vanderbush commented on all the vehicles on 338 Route 46, Midnight Auto Repair
and 779 Route 46, The Timing Belt Shop both have well over 3 vehicles on them.
The vehicles are parked behind the building. All the cars are unregistered and
it is an eye sore and he has been in contact with Tom Potere , Township Zoning
Officer. Mr. Vanderbush also complained about compression brakes and that he
obtained a copy of an ordinance from Mine Hill and would like Roxbury to follow
suit. Mr. Raths explained to Mr. Vanderbush that in the mid 1980’s Midnight
Auto Repair received a site plan approval, which today would never be
approved. Mr. Vanderbush stated that this individual moved from Mine Hill to
Kenvil and brought with him all these unregistered vehicles with him and it is
a big eye sore.
Mr. Bucco stated that he spoke to the Mine Hill attorney
and the attorney was not aware if any research was done before enacting the
Compression Brake Ordinance. Mr. Bucco stated this couldn’t be regulated
because they are a safety issue used to slow the vehicle. Ms. Urgo stated
that Roxbury Township just bought a truck with these types of brakes and were
told that they preserve the life of the clutch. Mr. Vanderbush stated these
brakes are very annoying and does not understand why Roxbury Township cannot
pass this Ordinance just like surrounding towns.
Councilman
Smith suggested maybe we could put up some signage to prohibit the use of these
brakes. Mr. Raths agreed that the signage sounds like a good idea instead of
having an ordinance, which cannot be enforced.
Heinz
Molde
Roxbury
Foreign Cars, Kenvil
He received a Notice of Violation from the Zoning
Officer already regarding unregistered vehicles. He stated that most of
these cars have been abandoned and he cannot reach the owners. Mr. Molde
stated that he has tried calling and sending letters to reach the owners, but
he has not received any responses. Mr. Molde has gone to the Police Station to
get some help and they told him they could not help him if he does not have
titles to the vehicles. He wants Council to know that he is working on it. Mr.
Molde stated his shop is located on Route 46 across from Kelly’s Market and the
corner of First Street. Mr. Raths stated he could help him get information
through the D.M.V.
MATTERS
REQUESTED/REFERRED BY COUNCIL MEMBERS, MANAGER, ATTORNEY OR CLERK.
A.
Application for Raffles License
No. RA: 1263 by Temple Shalom Brotherhood.
B.
Letter from Netcong Borough Mayor
regarding border issues.
C.
Letter from Ledgewood Baptist
Church requesting fee waiver.
D.
Disposal of lots on Cayuga.
E.
Special Tax Counsel Invoice Memo
of November 4, 2005.
Mr. Rilee made a motion to move Item A. Ms.
Urgo seconded the motion.
ROLL CALL: Mr. Rilee – yes Ms.
Urgo – yes
Mr. Ciaramella – yes Mr.
Hall – yes
Mr. Schmidt – yes Mr.
Smith – yes
Mayor Zoschak – yes
Motion Carried 7 – 0
Mr. Bucco stepped down during the discussion on Item B
because he also represents the Borough of Netcong along with Roxbury Township.
Mayor Zoschak
stated that we should analyze this border issue further. Mr. Raths
stated that Engineering
has put together the attached map, which shows Roxbury
Township
boundaries, but it does not show Netcong’s boundaries. Mr. Raths stated he
would have Engineering
redo the map showing both boundaries.
Mr. Bucco
returned to the dais after discussion on Item B.
Mr. Rilee made
a motion to waive the application fee for Item C. Ms. Urgo seconded
the Motion.
Ms. Urgo stated we have always waived application fees, but
not inspection fees.
ROLL CALL: Mr. Rilee – yes Ms.
Urgo – yes
Mr. Ciaramella – yes Mr.
Hall – yes
Mr. Schmidt – yes Mr.
Smith – yes
Mayor Zoschak – yes
Motion Carried 7 – 0
Item D: Mayor
Zoschak questioned Mr. Raths if he had any paper work to go along with the
disposal of lots on Cayuga. Mr. Raths stated that there was no paper work. Mr.
Raths also stated that about two meetings ago, Council asked to determine if
this property had any drainage issues or wetlands and they do not. However in
speaking with the Smiths they only want to pay $1.00 for the transfer. Mr.
Raths stated that he told the Smiths that they would be responsible for all
legal fees involved on both ends. Ms. Urgo stated that there should be a
minimum bid and they will be paying at least the fair market value.
APPROVAL OF MINUTES
October 25, 2005 Executive Session
Mr. Rilee made a motion to approve the
October 25, 2005 Executive Session Minutes. Mr. Smith seconded the motion.
ROLL CALL: Mr. Rilee – yes Mr.
Smith – yes
Mr. Ciaramella – yes Mr.
Hall – abstain
Mr. Schmidt – yes Ms.
Urgo – abstain
Mayor Zoschak – yes
Motion Carried 5 – 0, with 2 abstentions
DRAFT ORDINANCES FOR DISCUSSION
30-05 An ordinance amending Chapter XIII, Land Development
Ordinance, of the Revised General Ordinances of the Township of Roxbury, and
providing penalties for the violation of this chapter. (Sign Ordinance)
Mayor Zoschak stated he had concerns
regarding garage sale signs and imposing a $1,250.00 fine. He feels the
Ordinances should be defined to go after businesses, not individual
homeowners. Mr. Rilee stated his concern is having just one person being in
charge of this and having the right to pick and choose who will get fined. Mr.
Rilee would like to see this Ordinance done correctly. Mayor Zoschak
recommends having a separate ordinance for Garage Sales and not have it
combined in one general sign ordinance. Councilman Smith stated he would not
want to wait for the Master Plan revision to get the sign ordinance approved.
Mr. Bucco stated that you have to give someone notice before you take their
property. Mr. Bucco stated if they are on public property you can take them
without prior notice. Ms. Urgo suggested to make a list of exemptions such as
garage sales and real estate signs. Mr. Schmidt stated that he likes Mr.
Stern’s comments and he would be fine if we could incorporate them into the
ordinance. Council decided that improvements need to be made to this Ordinance
before they could vote.
INTRODUCTION OF PROPOSED ORDINANCES
None
HEARING AND ADOPTION OF ORDINANCES ON SECOND READING
None
DRAFT RESOLUTION FOR DISCUSSION
None
INTRODUCTION AND ADOPTION OF RESOLUTIONS
05-379 A resolution
incorporating by reference herein and approving the following numbered
resolutions listed on the workshop council meeting agenda for this date:
05-380, 05-381, 05-382, 05-383, 05-384, 05-386, 05-387, 05-388, 05-389, 05-390,
05-391, 05-392, 05-393, 05-394, 05-395, 05-398, 05-400.
Ms.
Urgo made a motion to adopt Resolution 05-379. Mr. Ciaramella seconded the
motion.
ROLL CALL:
Ms. Urgo – yes (recuse on ck#37768) Mr. Hall – yes
Mr. Ciaramella – yes (recuse on ck#37769) Mr. Rilee –
yes (recuse on #382)
Mr. Schmidt – yes (recuse on #386)
Mr. Smith – yes
Mayor Zoschak – yes
Motion Carried 7 – 0, with 2 recusals - one on ck#37768
and one on ck#37769, one recusal on Resolution #386 and one recusal on Resolution
#382.
05-380 – A resolution
authorizing the insertion of an item of revenue in the 2005 Budget for
additional funding for You Drink, You Drive, You Lose grant.
05-381 – A resolution authorizing a professional
services agreement with Coded Systems to codify the Land Development Ordinances
and to place the Township Land Development Ordinances on the internet.
05-382 A resolution urging the legislature to
reject efforts by telecommunications companies to eliminate cable television
municipal consents.
05-383 A resolution authorizing the filing of a
grant application with the State of New Jersey, Office of Information
Technology and Office of Emergency Telecommunication Services for purchase of PSAP 9-1-1 Equipment.
05-384 A resolution authorizing a grant
agreement between the Township of Roxbury and the State of New Jersey by and
for the Department of Environment Protection Grant Identifier: WQ05-425
regarding the Municipal Stormwater Regulation Program.
05-385 – (PULLED)
A resolution authorizing the purchase of police evidence tracking equipment and
software from Porter Lee Corp., 1072 S. Roselle Road, Schaumburg, IL.
Discussion ensued and members of Council were upset they were not made
aware of this purchase and that this new equipment has been in place for over a
year. Mr. Hall stated that someone had to sign off for this and they should
be held accountable. Mr. Raths stated that the Police would come before Council
at a later meeting to discuss their actions.
05-386 A resolution
authorizing the installation of new ductwork system at Roxbury Fire Company 3.
05-387 A
resolution authorizing additional funding for professional services provided by
Gary Gartenberg, P.O., P.P., Gartenberg Association, LLC for services
associated with abandoned mining activity on certain property being condemned
by the Township of Roxbury.
05-388 A resolution authorizing the award of a
contract to Abe Snyder & Company Inc. for snow removal services.
05-389 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.
05-390 A resolution
of the Township of Roxbury, County of Morris, State of New Jersey opposing the
New Jersey Department of Environmental Protection (DEP) amendment to the
state’s area wide water quality management plans (WQM).
05-391 A resolution
authorizing the release of Cash Bond No. 2004-19 in connection with a major
soil relocation permit for Etel Associates LLC, located on Route 10, Block
6305, Lot 4.
05-392 A resolution
authorizing the acceptance of a maintenance bond posted by Hunters Ridge
Developers, L.L.C. for site improvements in Section 1 related to the Hunters
Ridge Subdivision formerly Block 33.1, Lot 3.
05-393 A resolution
authorizing the acceptance of a maintenance bond posted by Hunters Ridge
Developers, L.L.C. for site improvements in Section 2 related to the Hunters
Ridge Subdivision formerly Block 33.1, Lot 3.
05-394 A resolution
authorizing the acceptance of a maintenance bond posted by Hunters Ridge
Developers, L.L.C. for site improvements in Section 3 related to the Hunters
Ridge Subdivision formerly Block 33.1, Lot 3.
05-395 A resolution
authorizing the release of Cash Bond No. 2001-124 in connection with a major
soil relocation permit for Ronetco Supermarkets located in Roxbury Mall, Block
5004, Lot 3,4 (Old 344, Lot 15, 15.1 & 15.2).
05-398 A resolution authorizing the award of a
contract to Dimilia Sport Surfaces for the resurfacing of Mooney Mountain Park
basketball court.
05-400
A resolution authorizing payment
of bills.
05-396 A
resolution authorizing the conveyance of a 28% interest in a portion of Lot
19.02, Block 2301 to the new jersey water supply authority (Sweney
acquisition).
Mr.
Rilee made a motion to move Resolution 05-396. Mr. Schmidt seconded the
motion.
Ms.
Urgo stepped down due to potential conflict of interest.
ROLL CALL: Mr. Rilee – yes Mr.
Schmidt – yes
Mr. Ciaramella – yes Mr.
Hall – yes
Mr. Smith – yes Mayor
Zoschak – yes
Motion Carried 6 – 0
05-397 (Pulled) A resolution authorizing the acceptance
of a dedication deed from Hunter's Ridge Development Company, Inc. for Lot 4.25
in Block 9202 in the Township of Roxbury (detention basin lot).
Discussion ensued and Council agreed to wait for
the report from Engineering on the detention basin.
05-399 A resolution to approve the trails plan and
forward it to the Master Plan Committee for consideration.
Mr.
Rilee made a motion to move Resolution 05-399. Mr. Hall seconded the motion.
Ms.
Urgo stepped down due to potential conflict of interest.
ROLL CALL: Mr. Rilee – yes Mr.
Hall – yes
Mr. Ciaramella – yes Mr.
Schmidt – yes
Mr. Smith – yes Mayor
Zoschak – yes
Motion Carried 6 – 0
Ms.
Urgo returned to the dais at this time.
COMMUNICATIONS
October 28, 2005
November 4, 2005
November 10, 2005
Mr. Urgo made a motion to file the
above-listed Communications and if any Council Member needs to discuss any
item, they can do so at a later time with Mr. Raths. Mr. Hall seconded the
motion.
ROLL CALL: Ms. Urgo – yes Mr.
Hall – yes
Mr. Ciaramella – yes Mr.
Rilee – yes
Mr. Schmidt – yes Mr.
Smith – yes
Mayor Zoschak – yes
Motion Carried 7 – 0.
At 9:20 p.m. Council took a 10-minute break.
At 9:30 p.m. Council returned to the Workshop Meeting.
EXECUTIVE SESSION
05-401 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.
At
9:30 p.m. Mr. Ciaramella made a motion to approve 05-401 for an Executive
Session. Ms. Urgo seconded the motion.
ROLL CALL: Mr. Ciaramella – yes Ms. Urgo –
yes
Mr. Hall – yes Mr.
Rilee – yes
Mr. Schmidt – yes Mr.
Smith – yes
Mayor Zoschak – yes
Motion Carried 7 – 0.
ADJOURNMENT
At 11:47 p.m. Mr. Smith made a motion to adjourn the
Workshop Meeting. Mr. Ciaramella seconded the motion.
All In Favor – Yes
Motion Carried 7- 0
_________________________
BettyLou DeCroce
Township Clerk
APPROVAL OF MINUTES
DATE: December 13, 2005
ROLL CALL: Mr. Rilee – yes Mr. Schmidt – yes
Mr.
Ciaramella – yes Mr. Hall – yes
Mr.
Smith – yes Mayor Zoschak – yes