August 9, 2005
A Regular Meeting of the Township Council of the Township
of Roxbury was held on August 9, 2005 at 1715 Route 46, Ledgewood, N.J. at 7:30 p.m.
OPEN PUBLIC MEETING STATEMENT
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.
CALL (Present): Councilwoman
Sandy Urgo, Councilmen John Ciaramella, Fred Hall, Jim Rilee, Tim Smith and
Deputy Mayor Martin Schmidt
PRESENT: Lisa Palmieri, Acting Township
Manager; Anthony Bucco, Township Attorney and BettyLou DeCroce, Township Clerk
PRESENT DUE TO VACATION: Christopher
Raths, Township Manager & Mayor Richard Zoschak.
APPROVAL OF MINUTES
May 10, 2005
July 12, 2005
Executive Session - HOLD
July 12, 2005
July 26, 2005
July 26, 2005
Rilee made a motion to approve the Minutes of May 10, 2005, Workshop, July 12,
2005, Regular, July 26, Executive Session and July 26, 2005, Workshop. Mr.
Ciaramella seconded the motion.
CALL: Mr. Rilee –
Yes Mr. Ciaramella – Yes
Mr. Hall – Yes/with Abstention on July 12, 2005 –
Mr. Smith – Yes/with Abstention on July 12, 2005 –
Ms. Urgo–Yes/with Abstention on July 26, 2005
Executive & Workshop
Motion carried 5 – 0 with 2 Abstentions on 7/12/05 Regular, 1 Abstention on 7/26/05 Executive & 1 Abstention on 7/26/05 Workshop.
Mr. Kluska stated that the Roxbury Township Web Site is
not in order and at the last meeting he mentioned to Mr. Raths that it was all
scrambled and he stated he would address it. Also, today’s Agenda is not on
the Web Site and the Roxbury Register did not advertise tonight’s meeting.
Rubinstien, (Attorney for Sweney Estate)
Main St., Succasunna
Urgo stepped down during this discussion
Rubinstien discussed the sale of property by the Estate of Mary Sweney, which
comprises approximately 35 acres. A contract to sell the property has been
signed and he has been waiting since March of 2005 to close. Mr. Rubinstien
stated that they have spent $30,000.00, cleaning up the property in order to
close. The current Owners are over 80 years old and would like to benefit from
the selling of this property.
Rubinstien stated that there is a very good chance if this property does not
close soon, some of the heirs may start a legal action against the Township.
Mr. Rubinstien stated he does not know what is holding up the closing. Mr.
Rubinstien went on to state that boating (without motors) can be used on the
lake and it would be a valuable asset for the Town to have in its possession.
Bucco stated that the hold up has to do with concerns the Township has
regarding some of the funding for this project and restrictions that will be
placed on the property, when the Township takes ownership. Mr. Bucco stated
that the contract of sale with the Sweney Estate is with the Morris Land
Conservancy – not Roxbury Township. Mr. Bucco further explained that the Township
will acquire the property from the Morris Land Conservancy, once they own it.
Mr. Bucco further stated that the hold up is one of the funding sources to
acquire this property. Mr. Bucco went on to state he does have additional information
to go over with the Council in Executive Session tonight. Mr. Bucco assured
Mr. Rubinstien that he would get back to him after the Council discusses the
matter in Executive Session.
Rubinstien stated that the Morris Land Conservancy and his clients are ready to
Mr. Walker stated he was at the August 10, 2004 Council
Meeting and at that time he indicated that he wanted his name along with 16
other people included on our Monument for War Veterans. Mr. Walker stated that
he was told at that meeting along with a letter he received that the money
would be in the budget for this year (2005). Since that time he has spoken
with Mr. Schmidt on April 13, 2005 and late July regarding having his name on the
monument. Mr. Walker stated he had a meeting last week with Mr. Raths and he
was told that money was not set-aside in the budget for this project and that
the Township is going out to the public to look for donations.
Mr. Schmidt stated that this is not a budget item and
that we are working on donations for this project. We currently have
approximately $8,000.00. Once we get the rest of the funding, the additional
names will be put on the Monument. Mr. Walker stated he has an additional 16
names to go on the monument. Mr. Schmidt stated we are aware of the additional
Mr. Schmidt told Mr. Walker that to prove he was a
Roxbury Township resident during his military service years, he needs to obtain
a DD214, which are his discharge papers from whatever branch of the Military he
Mr. Walker stated that he did submit those papers along
with his original letter to the Township.
Mr. Walker stated that he was a resident here for 26
years. Mr. Walker questioned how much of a donation is needed to fund the
project completely. Mr. Schmidt answered about $20,000.00. Mr. Walker stated
that Mr. Raths indicated that he could pay himself to have his name put on the
Ms. DeCroce stated that the Council agreed that we should
have the whole list and then we would work on all the names being added to the
monument at the same time, which would probably be at a lesser expense all at
once. Mr. Schmidt stated he would like to have this done by Veterans Day.
Sgt. Calvin B. Davis
Sgt. Davis stated that he is a new recruiter for the
National Guard in this area. Sgt. Davis also advised Council that he is a
resident of the township. Further Staff Sgt. Davis asked the Council for any
help they may be able to provide with recommendations to let the community know
he is available for any enlisting services they may need. Sgt. Davis stated
he does presentations to the students in High School.
Mr. Hall stated the next Board Of Education Meeting is
8/29/05 at the Eisenhower Middle School and he is welcome to attend that
Davis also advised Council that his recruiting office is located at 14
Western Ave in Morristown.
OF COUNCIL LIAISON REPRESENTATIVES, COUNCIL COMMITTEES AND NEW BUSINESS/OLD BUSINESS
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 >
Council would like the appointments be listed on the website.
REQUESTED/REFERRED BY COUNCIL MEMBERS, MANAGER, ATTORNEY OR CLERK
A. Application for Raffles
License RA No. 1252 from Franklin School PTA.
B. Application for Raffles
License RA No. 1253 from Franklin School PTA.
C. Request for Block Party
from Nancy Grant.
INTRODUCTION OF PROPOSED ORDINANCES
HEARING AND ADOPTION OF ORDINANCES ON SECOND READING
INTRODUCTION AND ADOPTION OF RESOLUTIONS
A resolution incorporating by
reference herein and approving the following numbered resolutions listed on the
regular council meeting agenda for this date. 05-283m 05-284, 05-285, 05-286,
05-287, 05-289, 05-290, 05-192.
Mr. Smith made a
motion to approve 05-282. Mr. Rilee seconded the motion.
Roll Call: Mr. Smith – Yes Mr. Rilee – Yes
Mr. Ciaramella – Yes (abstain from
Mr. Hall – Yes Ms. Urgo –
Yes (abstain from Chk #231820)
Deputy Mayor Schmidt – Yes
Motion Carried 6 to 0 (two abstentions Chks #36795
place pertaining to 05-285, which was a duplicate previously approved. 05-285
was replaced with “Resolution Authorizing Refund or 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. Mr. Smith and Mr. Rilee agreed to this change in their
took place on 05-291 “A Resolution supporting the Acquisition of Lee’s Property
by Jefferson Township”. Council felt that by promoting this resolution would
take away from our own applications submitted to Morris County Open Space and
Farmland Preservation Trust Fund.
Mr. Smith and Mr.
Rilee agreed to amend their original motions to delete 05-291 from the
05-283 A resolution
authorizing the filing of a grant application with the New Jersey Department of
Transportation’s Transportation Enhancement Program for the Streetscape Plan
along Main Street, Succasunna.
resolution authorizing the refund of water and sewer utility payments.
05-285 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.
resolution authorizing Change Order #3 to a contract with Suburban Consulting
Engineers, Inc. for Professional Engineering Services for the Evergreen Acres
Water System Improvements located at Block 13102 Lot 12, 19 Mettle Lane,
resolution authorizing the purchase of a four-wheel drive backhoe from G &
H Services, Inc.
resolution approving a change order to the contract with Tilcon New York
Incorporated for milling and paving of Eyland Avenue.
Smith made a motion to approve 05-288. Mr. Hall seconded the motion.
Roll Call: Mr. Smith – Yes Mr. Hall – Yes
Ciaramella – Yes Mr. Rilee – Abstained
Ms. Urgo – Yes Deputy Mayor
Schmidt – Yes
Carried 5 to 1 abstention
resolution authorizing the award of a contract to Denville Line Painting, Inc.
for line painting various Township roads.
Ms. Urgo stated that
the crosswalks need to be repainted. Mr. Blood, Assistant DPW Director stated
that they will be and the paint being used is thermo plastic paint, which will
last longer. Mr. Blood stated that a list of areas to be line painted had been
sent to Council previously.
05-290 A resolution amending the membership of
the Township Fire Department.
05-291 A resolution supporting the acquisition of
Lees’ Property by Jefferson Township.
05-292 A resolution authorizing payment of bills.
Memo from Judy Riley August 4, 2005.
Ms. Urgo questioned the fact that a dispatcher is also
a member of the fire department. Ms. Urgo questioned if there were an emergency
which position shows preference. Mr. Bucco stated that the dispatcher would
not be able to respond during business hours.
July 29, 2005
#4 Mayors Fax Advisory from
William G. Dressel, Jr., Executive Director of NJLM dated July 25, 2005 re: FY
’06 PERS and PFRS Pension Bills. Ms. Palmieri will put in agenda
August 5, 2005
#8 NJLM Washington Watch,
dated August 1, 2005, re: Federal Communications Act. Council would like
Mr. Raths to put on the next agenda opposition to this act.
#11 Correspondence from Frank
Panico, NJDEP, to Warren Potter, Roxbury Auto Wreckers, dated June 30, 2005,
re: Compliance Evaluation and Assistance Inspection, Block 7101, Lot 30 &
31. Mr. Raths is to get an update on the use of the property.
#12 Correspondence from NJLM,
re: League Seminar, PARIS: A Revolution in Public Archives and
Management: Deputy Mayor Schmidt advised Council that he and BettyLou
DeCroce, Township Clerk will be attending. Mr. Hall also stated that he would
like to know whenever future classes pertaining to the PARIS Grants are held.
Ms. DeCroce said she would make sure he is advised.
#17 Correspondence from Abby
Montgomery, Health Department, dated August 2, 2005 re: Housing Ordinance – Advise
#25 Correspondence from
Assemblyman Alex DeCroce, to Mayor, re: State Budget: prepare resolution
for next agenda.
Wine discussed 05-288
Mr. Alpaugh discussed the sound system and stated that
its terrible. Deputy Mayor Schmidt stated that it has been looked at and the
Company will be contacted again. Ms. Palmieri will advise Mr. Raths.
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
At 8:50 PM Mr. Rilee made a motion to approve 05-293 for
an Executive Session. Mr. Smith seconded the motion.
Roll Call: Mr. Rilee – Yes Mr.
Smith – Yes
Mr. Ciaramella – Yes Mr.
Hall – Yes
Ms. Urgo – Left the meeting,
as property acquisitions will be discussed during Executive Session, and a
potential conflict of interest could exist.
Deputy Mayor Schmidt – Yes
Motion Carried 5 to 0
Council returned to the Regular Meeting at 9:05 PM.
Mr. Rilee made a motion to adjourn the Regular Meeting.
Mr. Smith seconded the motion.
All In Favor – Yes
Motion Carried 5 to 0
MINUTES APPROVED BY
DATE: September 13, 2005
ROLL CALL: Mr. Rilee – yes Mr.
Schmidt – yes
Mr. Ciaramella – yes Mr.
Hall – yes
Mayor Zoschak - yes