November 29, 2005 REVISED
A
Regular Meeting of the Township Council of the Township of Roxbury was held on
November 29, 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)
Councilmen John Ciaramella, Fred Hall, Jim Rilee and Mayor Richard Zoschak
ALSO
PRESENT: Christopher
Raths, Township Manager; Anthony Bucco, Township Attorney and Janet Rieth,
Deputy Township Clerk
Councilmen Tim
Smith and Martin Schmidt were absent.
Councilwoman
Sandy Urgo arrived at 7:40
PM.
PRESENTATIONS
Presentation—Service
to ROMAC
Mayor Zoschak
presented plaques to Claudia Murden and Ptl. Glenn Gordon in appreciation for
their many years of service to the Roxbury Municipal Alliance Committee.
At this time,
Mayor Zoschak amended the Agenda to the Public Portion
PUBLIC
PORTION
Dave O’Connor,
7 Yale Dr., Succasunna discussed the notice of
violation he received for parking his commercial truck on his residential
property, which is not allowed per Township Ordinance. He advised that he
works for Cablevision and uses the truck on a 24 hour basis when he is on call
and it is necessary to have it at his residence during certain weeks for call
outs. Mr. O’Connor stated that, when he is not on call, his truck will not be
at his home. Mr. O’Connor was advised that he would need to go to the Zoning
Board of Adjustment to obtain a variance. He will speak with Tom Potere, Zoning
Officer, regarding the process and the enforcement of the notice of violation
during the process.
At this time, Mayor Zoschak
returned to the Presentations
Presentation—Housing
Element / Fair Share Plan (Reference Resolution 05-410 and separate handout
with the Planning Board Resolution included in weekly package of November 18, 2005)
Russell Stern,
Township Planner; Frank Banisch and Chuck McGroarty, Planning Consultants,
presented Council with an overview of the Township’s Housing Element/Fair Share
Plan. Mr. Stern advised that the Housing Element and Fair Share Plan of
Roxbury was last approved and received substantive certification from the
Council On Affordable Housing in November of 1997, which took us to 2003 when
we were required to do another Housing Element and Fair Share Plan. Because
COAH did not promulgate its rules and regulations at that time, extensions were
issued. We later received another extension to December 20, 2005.
The Planning Board adopted its Housing Element and Fair Share Plan as an
element of the Master Plan on November
9, 2005. In order to
achieve substantive certification from COAH, the governing body must endorse
the Housing Element and Fair Share Plan. It will then be submitted to COAH to
begin the substantive certification process. Mr. Stern stated that the
Township has an affordable housing surplus that will take us to the year 2014.
We have met our obligation for third round.
Mr.
Banisch stated that the Township is required to provide 245 low/moderate income
housing units for the third round obligation. In addition to having met this
goal, the Township has 233 excess units, which can be applied to the next
round.
Mr.
Stern advised that the Township does not receive double credits for group
homes, which decreased our surplus by 21 credits. Mr. Banisch stated that the
Township does have 116 units of age restricted affordable housing that cannot
be counted because of the way the rules cut us off. However, they are
available for the next round
Mr. Hall
stated that he had asked the Township Attorney if the Township could designate
a recipient location in Morris County for an RCA. Mr. Bucco advised that
COAH has recipient municipalities in a pool and the Township must negotiate
through COAH for that agreement. Mr. Hall stated that the RCA value is $35,000
and it would be to our advantage to sell off RCA credits quickly before the
amount goes up. Mr. Banisch recommended that, if the Township is interested,
they should begin working on RCA agreements as soon as possible.
Mr. Bucco
stated that the difference between Roxbury Township and other municipalities is that Roxbury
has units on the ground, whereas other towns have zoning in place for
affordable housing. Instead of showing future plans, Roxbury is showing what
is already built.
Council
commended Mr. Stern, Mr. Banisch, Mr. McGroarty and everyone involved for the
amount of time that has been spent on this project and for doing a fine job.
Presentation—Permitting and
Complaint Monitoring Process
Mr. Raths
advised that this is in keeping with the Department Heads attending meetings
and making presentations on a regular basis. However, two things will be shown
tonight, one is what is being done to make the Construction Department operate
more efficiently and Rob Kuncken will be presenting the complaint management
system, which will go into effect at the beginning of the new year.
Russell Brown,
Construction Code Official, presented Council with an overview of the
Construction Department and advised that they are charged with permitting,
inspecting and enforcing the Uniform Construction Code Regulations for both
Roxbury and Netcong. He further advised that the Department currently has four
full time and two part time employees. The revenues collected for Roxbury
Township in 2005 (year to date) have surpassed the 2004 total by $180,963.
Mena Schultz,
of Triad Consulting, working as a consultant for the Township, explained the
permitting process to Council. She advised that she has met with the
department heads and staff of the Planning/Zoning, Engineering, Health and Construction Departments to
discuss the current process, what is right and wrong with the process, as
well as solutions that may be put into place. Ms. Schultz stated that she does
feel that, individually, each department knows what they are doing and they do
it well. Ms. Schultz pointed out that the main problems are the applicants’
lack of understanding of the permit process, the Township’s limited knowledge,
time and resources and communication between departments and between the
Township and the applicant.
Ms. Schultz
went on to explain the solutions, with the first being public education, the
second a more proactive, less reactive approach and lastly staff empowerment
and cross training, which would allow the staff the authority to answer
questions. Ms. Schultz designed a sign that covers the order of operations and
the questions as to applicability of each of the departments. She feels this
sign should be placed in as many places as possible, such as a handout at each
counter, in the Roxbury Image and on the Township’s web site. Ms. Schultz
advised the end goal would be a kiosk at Town Hall, one at the Health
Department and a portal through the web site accessing the data logic software.
Rob
Kuncken, IT Director, described the process of receiving and handling
complaints. He advised that complaints are taken in different ways, such as
walk-in, phone calls and he has processed 79 complaints to date off of the web
site. The GIS system has a complaint and service request tracking option. Mr.
Kuncken then showed Council, through a demonstration of the system, how a
complaint will be received and handled. Mr. Raths advised that the recipients,
who will initially be trained to receive complaints, will be Rob Kuncken,
Carmen Stadelman of the Engineering Department, Debra Ward of Public
Work/Recycling, an employee of the Planning/Zoning Department and Lucinda
Taterka, the Township Manager’s Executive Assistant. Eventually other
departments will also be trained. It is anticipated that this system will go
into effect in January.
At 9:00 PM
Council took a short break.
At 9:10 PM
Council returned to the Regular Meeting.
APPROVAL OF MINUTES
October 25,
2005 Workshop Meeting
November 14,
2005 Workshop Meeting - TABLED
Mr. Rilee made a
motion to approve the Minutes of the Workshop Meeting of October 25, 2005.
Mr. Ciaramella seconded the motion.
Roll Call:
Mr. Rilee – yes Mr.
Ciaramella – yes
Mr. Hall -
abstain Ms. Urgo – abstain
Mayor Zoschak –
yes
Motion carried 3
– 0 with 2 abstentions
PUBLIC PORTION
Previously
Discussed
REPORTS OF
COUNCIL LIAISON REPRESENTATIVES, COUNCIL COMMITTEES AND NEW BUSINESS/OLD
BUSINESS
OLD BUSINESS
Procurement Policy – This will
be discussed at a future meeting.
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)
Open Space
Acquisition Advisory Committee: 1 Member, un-expired term of Mena Schultz
(1/1/04 > 12/31/06)
Mr. Rilee made a
motion to appoint Nicholas DePalma to the Lake Hopatcong Commission to fill the
unexpired term of Brandon Phillips (1/1/04-12/31/05) and Tom Buglisi to the Lake
Musconetcong Regional Planning Board to fill the unexpired term of Brandon
Phillips (11/25/03 to 12/31/06). Mr. Ciaramella seconded the motion.
Roll Call:
Mr. Rilee – yes Mr.
Ciaramella – yes
Mr. Hall – yes Ms.
Urgo – abstain
Mayor Zoschak –
yes
Motion carried 4
– 0 with one abstention
Mr.
Ciaramella advised that the Economic
Development Committee met
last week and discussed possible signs at various locations for the entrance to
Roxbury Township. Mr. Raths is arranging for the sign maker, Mr. Catelli, to
make a presentation to Council.
Mr.
Ciaramella questioned the status of the DPW facility. Mr. Raths advised that a
meeting was held two weeks ago and he will send out a notice for the next
meeting date.
At
this time Ms. Urgo stepped down due to a potential conflict of interest.
Mr.
Hall advised that he received a call from Mike Brennan of the Morris Land
Conservancy. He brought to Mr. Hall’s attention that the Gottdiener property
is still listed as a pending acquisition and should be listed as Mooney
Mountain Farms and shown as being owned by the Township.
At this time Ms.
Urgo returned to the dais.
Mr. Hall
stated that he attended the girls high school soccer finals in Ewing. Although
they did not win the State finals, they did a wonderful job this year. The
Cross Country team broke the Meet of Champions record and, as of today, they
are rated sixth in the Nation. They will be competing in Oregon this weekend.
Council will recognize the Cross Country Team with a plaque after they return from
the Oregon competition.
Mr. Hall
advised that he received notification pertaining to a meeting in regards to the
ongoing issues with the Library HVAC system. A report was received indicating
that there are significant issues. Mr. Raths advised that he spoke with Mr.
Schmidt before the meeting tonight and he feels that the best approach, as
discussed earlier, is to turn this over to the Township Attorney to address.
Council agreed with this decision.
Mr. Hall stated
that he attended the Health Insurance seminar at the League of Municipalities
Conference, where they were advised that the health insurance rates are rising
at three times the rate of inflation. Within the next ten years it will cost
approximately $30,000 per employee for health benefits.
Mr. Hall
stated that the Computer Committee met recently and Council will receive a
report in January.
Mr.
Hall stated that the Recreation Advisory Committee met recently and the
Recreation Master Plan will be discussed next Tuesday.
Ms. Urgo stated
that a Water Committee meeting was held last week. The committee agreed that
the Township will be able to put a well somewhere on the DPW site. Bob
Nicholson, of USGS, did modeling for the Roxbury Water Company well and the
State suggested that the Township might want to update that modeling, which
would be applicable to our site. This would cost $35,000. Before making any
formal recommendations, the Township’s consultant will speak with the DEP to
obtain some assurances that we will be able to move forward. Ms. Urgo advised
that the Water Committee is not recommending abandoning the Pine Street
location as a well site. Mayor Zoschak stated that, if the upgrade of the
existing well would not be possible, it may be cheaper to dig a new well at
that location. Mr. Raths stated that the Water Committee report will be in
this week’s packet and will be discussed further at the December 6th
meeting.
Regarding
the Fire Chiefs, Mr. Rilee requested an update on the duty crew sign up
sheets. Mr. Raths advised that he received them today. He will have Lucinda
put them on the calendar to determine what shifts we might have to cover should
we use our own personnel. Chief Hayowyk has been sending emails regarding our
insurance obligations and Mr. Raths has been forwarding them to Mr. Bucco.
Mayor
Zoschak stated that at the League of Municipalities Conference, the Lake
Hopatcong Commission received the DEP award for excellence for their program
on phosphorous fertilizer.
Mayor Zoschak
attended the press conference held last night at the Musconetcong Sewer
Authority regarding the wastewater management plan. Eight municipalities were
represented and everyone is against the DEP taking the MSA capacity away. Mr.
Raths advised that Township staff is preparing comments for the comment stage
of the process.
Mayor Zoschak
advised that he and Chris Raths met with staff from the Department of
Transportation and it was a very positive meeting.
Mr. Raths
advised that the Lower Berkshire Valley United Methodist Church is installing a
handicap ramp and is requesting that the zoning permit fees be waived.
Mr.
Rilee made a motion to waive the zoning permit fees for the Lower Berkshire
Valley United Methodist Church. Mr. Hall seconded the motion.
Roll Call:
Mr. Rilee – yes Mr.
Hall –yes
Mr. Ciaramella –
yes Ms. Urgo – yes
Mayor Zoschak –
yes
Motion carried 5
– 0
Mr. Raths
stated he, Mayor Zoschak, Mike Kobylarz, Township Engineer and Ptl. Gregg
Prendergast met with representatives of the DOT regarding issues on Routes 10
and 46. By Memorial Day, the DOT will be installing an advanced warning light
near Salmon Lane, approaching the jug handle. They will also look at the Route
46/Route 10 intersection and possibly bring the Main Street intersection, by
the King House, to a 90-degree angle. They will be looking at opening the
gateway for one-way traffic, going in only. Mr. Raths stated that the DOT is
committed to striping the third lanes by the jug handle and at the Route
10/Route 46 intersection to prohibit vehicles in those lanes. They are also
going to fast track the Hillside Avenue/Route 10 intersection to extend the
stacking/turning lane. Mayor Zoschak advised that work on the Commerce
Boulevard intersection will begin in 2009, if it gets funded. Council requested
that Mr. Raths send a letter to the DOT thanking them and identifying the areas
which were discussed.
Mr. Bucco
stated that Council received copies of the regulations and restrictions for
open space purchases that are required for funds acquired through Green Acres
program. Mr. Bucco further stated that the acquisition of the Blanchard
property has fallen through, as the funds from the company in Texas did not
materialize. However, the acquisition of the Riggs property is moving forward
and these restrictions will apply to that property.
Mr.
Bucco stated that he looked at the Hunter’s Ridge final approval for the
detention basin and condition #6 did provide for a $15,000 contribution for
maintenance of the basin. Mr. Bucco spoke with Wellfleet’s director today and
requested that they provide the check by the December 13th meeting.
Mr. Bucco recommended that 05-397 be placed on the meeting of December 13th,
provided the Township receives the $15,000 and Mike Kobylarz, Township
Engineer, is satisfied with the retaining wall.
NEW BUSINESS
Entryway Signs –
Boundary Signs Entering and Leaving Roxbury Township
Mr.
Raths advised that Mr. Catelli will attend the December 13th meeting
to discuss the entryway signs with Council. It has been decided to use the
same design as the sign that is located on Route 46 across from Cliff’s Dairy.
Ms. Urgo stated that she objects to advertisements on entryway signs. She
further stated that the Township has more signs now that we need and she feels
that the program is a bad idea. Mr. Raths explained that Mr. Catelli has made
it clear that the Township will provide him with a list of vendors to contact.
Mr.
Rilee stated that he feels the program is a good idea. These signs are
prevalent in other Counties and the advertising is usually very discreet.
MATTERS
REQUESTED/REFERRED BY COUNCIL MEMBERS, MANAGER, ATTORNEY OR CLERK
Application for
Raffles License No. RA: 1264 by Home School Association of St. Therese School
Mr. Rilee made a
motion to approve the above Raffle License Application. Ms. Urgo seconded the
motion.
Roll Call:
Mr. Rilee –yes Ms.
Urgo – yes
Mr. Ciaramella –
yes Mr. Hall – abstain
Mayor Zoschak –
yes
Motion carried 4
– 0 with 1 abstention
INTRODUCTION OF PROPOSED
ORDINANCES
None
HEARING AND ADOPTION OF
ORDINANCES ON SECOND READING
None
INTRODUCTION AND ADOPTION OF
RESOLUTIONS
05-402 A
resolution incorporating by reference herein and approving the following
numbered resolutions listed on the regular council meeting agenda for this
date:
05-403,
05-404, 05-405, 05-406, 05-407, 05-408, 05-409, 05-411, 05-412, 05-414
Mr. Rilee made a
motion to adopt Resolution 05-402. Ms. Urgo seconded the motion.
Roll Call:
Mr. Rilee – yes Ms.
Urgo - yes
Mr. Ciaramella –
yes (recuse on checks #37982 and 37984)
Mr. Hall –yes Mayor
Zoschak – yes
Motion carried 5
– 0 with one recusal on checks #37982 and 37984
05-403 A
resolution authorizing the acceptance of a Maintenance Bond and subsequent
release of a Cash Performance Bond posted by Etel Associates, Inc. for a Tree
Bond for site plan approval located on Route 10, Block 6303, Lot 7
05-404 A
resolution authorizing the acceptance of a Maintenance Bond and subsequent
release of a Cash Performance Bond posted by Frank Nabatian, Inc. for a Tree
Bond for site plan approval located on Route 10, Block 1902, Lot 6
05-405 A
resolution authorizing the release of Cash Bond No. 2003-396 in connection with
a major soil relocation permit for Legends Realty, LLC, located on Route 46,
Block 9501, Lot 3
Council
was never given the backup for this project. Mr. Raths will verify before the
bond is released.
05-406 A resolution authorizing the
release of Cash Bond No. 2003-398 in connection with a major soil relocation
permit for Mt. Olive Properties, LLC, located on Route 206, Block 9201, Lot 3
05-407 A resolution adopting changes to
an existing deferred compensation plan pursuant to the Job Creation and Worker
Assistance Act of 2002, Internal Revenue Code Section 457 Regulations
(including certain proposed revisions), Internal Revenue Service Revenue
Procedure 2004-56 and Internal Revenue Service Procedure 2004-12
05-408
A resolution amending the membership of the Township Fire Department
05-409
A resolution authorizing the refund of taxes
05-411 A resolution authorizing salary and
compensation for the Township Manager for the year 2005
05-412
A resolution authorizing payment of bills
05-410 A
resolution of the Township of Roxbury, County of Morris, State of New Jersey,
endorsing the Housing Plan Element and Fair Share Plan as adopted by the
Roxbury Township Planning Board and petitioning the New Jersey Council On
Affordable Housing for substantive certification
Mr.
Rilee made a motion to adopt Resolution 05-410. Mr. Ciaramella seconded the
motion.
Ms.
Urgo stated that she will not be supporting this resolution. There are some
policy issues that that she does not agree with, specifically she opposes the
certifying of Muscarelle. She stated that she feels we are planning units that
are not going to be certified or credited.
Roll Call:
Mr. Rilee – yes Mr.
Ciaramella – yes
Mr. Hall – yes Ms.
Urgo – no
Mayor Zoschak –
yes
Motion carried 4
– 1
PERSONNEL CHANGES
Memo from Judy
Riley dated November 21, 2005.
COMMUNICATIONS
November 18,
2005
#1 –
Interoffice Memorandum from Christopher Raths, re: Information Update – #10
Tree Preservation/Forestry Plan – Ms. Urgo questioned why this area was picked
when there are locations that have more need. Mr. Raths will have Mr. Blood
provide a priority list for this season.
#10 –
Correspondence from Kenneth Post, 8 Railroad Avenue, Kenvil, re: Signs for
Railroad Avenue in Kenvil – This was sent to Mike Kobylarz and the Traffic
Division of the Police Department.
#11 –
Correspondence from Anthony Bucco, re: Sweney Closing, Block 2301, Lots 19.02
and 19.03 – At this time, Ms. Urgo stepped down due to a potential conflict of
interest. Mr. Ciaramella questioned when the closing will be held for the
parcels to the individual owners. Mr. Bucco stated that the process will start
at the beginning of next year. At this time Ms. Urgo returned to the dais.
#18 –
Correspondence from Douglas Zellman, Chairman of Lake Musconetcong Regional
Planning Board, dated November 11, 2005, re: Watershed Management Group
Participation – Mayor Zoschak explained that the Planning Board would like to
obtain grants and in order to do that, they have to be a water management
group. To obtain this designation, they must have partners in the group and
are asking surrounding towns to participate. Council would like more
information before making a commitment.
#23
– Correspondence from John Schilp, Broker/Managing Member of Schilp & Co.,
re: Potential Land Sale Purchase – Council is not interested in purchasing this
property.
November
23, 2005
#2
– Correspondence from the New Jersey Department of Health & Senior
Services, Division of Family Health Services, Maternal, Child & Community
Health, re: Leaders’ Academy for Healthy Community Development – Request for
Applications – This has been sent to the Health and Recreations Departments.
Mr. Hall stated that this may be able to be used for a walking group for the
Seniors.
#4
– Mayors Fax Advisory from NJ League of Municipalities, re: A-4073, Qualified
Purchasing Agent – Council opposes this legislation.
PUBLIC
PORTION
Dennis Wine, 4
Holly Drive, Succasunna, suggested that, when the Township replaces trees, the
public should be educated as to what can be done to protect them.
Councilman
Hall asked the manager if there would be discussion of his confidential
investigative report in closed session. Mr. Bucco advised that before
discussing the report all employees must receive a “Rice” letter advising that
the Council intends to discuss their positions in Executive Session. It was
decided that, if necessary, the matter will be discussed at a later date.
Discussion
ensued regarding the process for the Clerk’s evaluation. Council will email
their evaluations to Mr. Bucco, who will compile the information and, if they
are received in time, the evaluation will be placed on the December 13th
Agenda.
EXECUTIVE
SESSION
05-413 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
There
was no Executive Session.
ADJOURNMENT
At
10:10 PM Mr. Rilee made a motion to adjourn the Regular Meeting. Mr.
Ciaramella seconded the motion.
All
In Favor - Yes
__________________________
BettyLou
DeCroce
Township
Clerk
APPROVAL
OF MINUTES:
DATE: January 10, 2006
ROLL
CALL: Mr.
Rilee – yes Mr. Zoschak – yes
Mr.
Ciaramella – yes Mrs. DeFillippo – abstain
Mr.
Hall – yes Mr. Smith – abstain
Mayor
Schmidt - abstain