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September 27, 2005

 

A Workshop Meeting was held by the Township Council of the Township of Roxbury on September 27, 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:  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

Presentation:  Recognition of Prior Council Members

 

Mayor Zoschak recognized and thanked the following elected Council members whom had served on the Council.  Councilman Marshall Gates, Councilman Richard Herzog and Councilwoman Carol Scheneck.

 

Presentation:  Trails Committee (separate handout in packet)

 

The Trails Committee gave their Presentation.  The following members of the committee were present:  Tom Edmunds, Chair, Donald Banta, Fred Hall, Martin Schmidt, Bob Schultz, Dave Stierli, John Tetz and Andy Tybus. 

 

Ms. Urgo stepped down at this time due to a potential conflict of interest.

 

Mike Brennan – Morris Land Conservancy discussed the Trails Plan which included a Vision Statement, Description of Roxbury Township’s Landscape, Goals and Objectives of the Trails Program, Open Space Inventory and Municipal Trails, Regional and Local Trail Networks, Trail Development: Areas I, II and III, Trail Design, Construction and Management, Action Program and Recommendations, Land Acquisition Recommendations, Funding Sources for Trail Development, Trail Partners, References.  The maps referenced the Roxbury Trails Map, Detailed Schematics – Areas I, II and III.  Council discussed the Trails Plan and felt that the Committee did an excellent job.   It was the consensus of the Council that the Trails Plan should be sent to the Master Plan Committee for review and inclusion in the plan.  The Council  agreed to keep  the committee active  until the review is completed by the Master Plan Committee and then further discussion can  take place if  needed.  The Council thanked the Trails Committee, as well as Councilmen Fred Hall and Martin Schmidt for all their effort and time spent on this Plan.

 

Ms. Urgo returned to the dais.

 

Mayor Zoschak asked Council members if there are any Liaison Representatives, Council Committees, and New Business/Old Business

 

Councilman Smith stated that Mr. Rilee attended the walk through with the County on the two parcels we applied for grants.  Councilman Smith also stated that the Economic Development Summit went well.

 

Councilwoman Urgo stated that she requested information pertaining to a Community Garden and she will be preparing a report to Council.

 

Councilwoman Urgo also stated that she felt as though she was not properly informed pertaining to the Kenbar property, specifically the sewer connection.  Mr. Raths stated that the connection would be within 150’ of a stream and the DEP allows the Township to waive a connection due to the wetlands area.  Mr. Kobylarz has stated that additional permits would need to be required by the DEP.  Mr. Bucco advised Council that this matter  has already been approved by resolution.

 

Councilman Rilee stated that the Main Street Committee met last week and he felt it was a successful meeting.

 

Councilman Ciaramella stated that the Economic Development Committee Seminar held on September 15, 2005 went very well.  The Economic Development Committee is working on the revitalization of the Rt. #46 corridor. 

 

Councilman Ciaramella asked  if the dead dear on Kenvil Avenue had been removed.  Mr. Raths stated that it had.   Mr. Ciaramella asked about  the  status of the well situation on the Pine Street DPW property.  Mr. Blood, Assistant DPW Director was present and stated that they are still waiting for the DEP to respond.  Also, Mr. Blood stated that the demolition of the existing large building on the property has been awarded.

 

Councilman Smith stated that he attended the Water/Sewer Meeting.  The issue of  the well on the Pine Street property has been discussed in depth.  Mr. Smith felt that the township should move forward with the demolition for safety reasons and not wait for an answer from the DEP pertaining to the well. 

 

Councilman Schmidt asked whether a  cost analysis has been completed showing the cost with a well or without.  Mr. Raths stated that a build out analysis is being worked on and it will take some time to complete.  Mr. Raths further stated that it would be provided to Council as soon as it’s complete.

 

Councilwoman Urgo felt that the large building on the DPW site does need to be demolished for safety reasons.

 

Councilman Hall stated that at the recent Recreation Department meeting John DePalma resigned and it creates an opening on the Recreation Committee.  Mr. Hall would like to recommend Edward Hade as a replacement for Mr. DePalma.

 

Mr. Rilee made a motion to appoint Edward Hade to the unexpired term of John DePalma from 9/27/05 – 12/31/05.  Mr. Smith seconded the motion.

 

Roll Call:              Mr. Rilee – Yes            Mr.   Smith – Yes

                             Mr. Ciaramella – Yes   Mr. Hall – Yes

                             Mr. Schmidt – Yes       Ms. Urgo – Yes

                             Mayor Zoschak – Yes

 

Motion Carried 7 to 0

 

Councilman Smith stated that Mena Schultz has resigned from the Open Space Committee and we need a replacement there.

 

Councilman Smith asked about  the current status of the Trails Committee and its appointees.   Council will wait to make a decision once the Master Plan Committee has discussed the plan.

 

Councilman Hall advised Council that he had a list of suggestions for the renewal of the cable contract.  Mr. Raths will obtain Councilman Hall’s recommendations and pass them on to the Council. 

 

Councilman Hall advised Council that the Open Space Presentation with Mike Daly would be held on October 24, 2005.

 

Councilman Hall stated that he read the memorandum sent by the Township Clerk pertaining to the PARIS Grants.  Mr. Hall felt that the Council should respond to the State as to the formula they based their grants on.

 

Councilman Schmidt did not have any old/new business at this time.

 

Mayor Zoschak asked Mr. Raths to follow up on the cleanup at 47 King Road.

 

Mayor Zoschak asked Mr. Raths to have the electronic speed sign utilized by the Police Department located on Shippenport Road.  Mr. Raths stated that he would speak to Captain Kennedy with regard to the request.

 

Mayor Zoschak asked for an update on the water/sewer bills.  Mayor Zoschak would also like confirmation as to the bills being processed through the lock box system.  Mr. Raths stated he would provide an update tomorrow.

 

Old Business

  1. Procurement Policy  - Progress  -
  2. Appointments

                                  i.      Lake Musconetcong Regional Planning Board: 1 Member, 4-year Term (Mayor Appointment). Council members are to forward any recommendation to the Mayor.

                                ii.      Rockaway River Watershed Cabinet - 1 Member, 1-year term and un-expired term of Tricia Fragale (1/1/05 - 12/31/05). Council members are to forward any recommendation to Council.

                              iii.      Open Space Committee:  un-expired term of Mena Schultz (1/1/04 > 12/31/06).  Previously discussed.

 

PUBLIC PORTION

 

Mr. Church

256 Eyland Avenue

Succasunna

 

Mr. Church commented on the  trucks parked on W. Dewey Avenue and 435 Rt. #46.  Mr. Church felt that the township should not allow trucks to be  parked on roadways throughout the township for safety reasons.  Mr. Church requested  better  enforcement to stop illegal parking.

 

Mr. Church also asked  why a lot of street lights on our major intersections and highways are out.  Mr. Raths asked  Mr. Church to provide him with a list and he will follow up.

 

 

MATTERS REQUESTED/REFERRED BY COUNCIL MEMBERS, MANAGER, ATTORNEY OR CLERK

A.     Application for Special Permit for Social Affair by Rory O’Moore Pipes & Drums. 

B.     Request for a Block Party from Sandie DiDomenico.

 

Mr. Hall made a motion to approve  A & B.  Mr. Schmidt seconded the motion. 

 

Roll Call:                     Mr. Hall – Yes            Mr. Schmidt – Yes

                                    Mr. Ciaramella – Yes Mr. Rilee – Yes

                                    Mr. Smith – Yes         Ms. Urgo – Yes

                                    Mayor Zoschak – Yes

 

Motion Carried 7 to 0

 

                                   

APPROVAL OF MINUTES

None

 

DRAFT ORDINANCES FOR DISCUSSION

None

 

INTRODUCTION OF PROPOSED ORDINANCES                                            

28-05     An ordinance to amend Chapter XIX, Department of Police, Section 19-3, Personnel, of the Revised General Ordinances of the Township of Roxbury, Morris County, New Jersey.

 

Mr. Bucco gave a legal interpretation as to the ordinance – framework and approval. 

 

Captain Kennedy was present and advised Council that they will only work one officer out and one officer in.  The time line for testing/training is approximately a year and a half.

 

Mr. Ciaramella made a motion to introduce 28-05.  Mr. Schmidt seconded the motion.

 

Roll Call:                    Mr. Ciaramella – Yes   Mr. Schmidt – Yes

                                    Mr. Hall – Yes              Mr. Rilee – Yes 

                                    Mr. Smith – Yes            Ms. Urgo – Yes

                                    Mayor Zoschak – Yes

 

Motion Carried 7 to 0

 

29-05       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.

 

Mr. Ciaramella made a motion to introduce 29-05.  Mr. Rilee seconded the motion.

 

Roll Call:                     Mr. Ciaramella – Yes     Mr. Rilee – Yes

                                     Mr. Hall – Yes                Mr. Schmidt – Yes

                                     Mr. Smith – Yes             Ms. Urgo – Yes

                                     Mayor Zoschak – Yes

 

Motion Carried 7 to 0

 

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

 

Council discussed the ordinance and felt that they needed to table it at this time. 

 

31-05 An ordinance of the Township of Roxbury accepting Makin Lane as a public street.

 

Mr. Hall made a motion to introduce 31-05.  Mr. Rilee seconded the motion.

 

Roll Call:                     Mr. Hall – Yes                 Mr. Rilee – Yes

                                    Mr. Ciaramella – Yes      Mr. Schmidt – Yes

                                    Mr. Smith – Yes              Ms. Urgo – Yes

                                    Mayor Zoschak – Yes

 

Motion Carried 7 to 0

                                                                                                               

HEARING AND ADOPTION OF ORDINANCES ON SECOND READING

27-05 An ordinance amending Chapter IV, General Licensing, Section 4-22, Massage, Bodywork And Somatic Therapy Establishments, by the establishment of a new subsection 4-22.18, Assignment of License Prohibited, of the Revised General Ordinances of the Township of Roxbury.

 

Mr. Rilee made a motion to open 27-05 to the public.  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 to 0

 

NO PUBLIC COMMENT

 

Ms. Urgo made a motion to close 27-05 to the public.  Mr. Rilee seconded the motion.

 

Roll Call:                     Ms. Urgo – Yes                     Mr. Rilee – Yes

                                    Mr. Ciaramella – Yes           Mr. Hall – Yes

                                    Mr. Schmidt – Yes                Mr. Smith – Yes

                                    Mayor Zoschak – Yes

 

Motion Carried 7 to 0

 

Mr. Hall made a motion to adopt 27-05.  Mr. Schmidt seconded the motion.

Roll Call:                     Mr. Hall – Yes                        Mr. Schmidt – Yes

                                    Mr. Ciaramella – Yes           Mr. Rilee – Yes

                                    Mr. Smith – Yes                    Ms. Urgo – Yes

                                    Mayor Zoschak – Yes

 

Motion Carried 7 to 0

 

DRAFT RESOLUTION FOR DISCUSSION

None

 

INTRODUCTION AND ADOPTION OF RESOLUTIONS                                  

05-335 A resolution incorporating by reference herein and approving the following numbered resolutions listed on the workshop council meeting agenda for this date: 05-291,05-336,05-337,05-338, 05-339, 05-340, 05-341, 05-342, 05-343, 05-344, 05-345,05-346,05-347,05-348

 

Mr. Rilee made a motion to approve 05-335.  Mr. Schmidt seconded the motion.

 

Roll Call: Mr. Rilee – Yes                     Mr. Schmidt – Yes

                                    Mr. Ciaramella – Yes (recuse 37234, 37236, 37238)

                                    Mr. Hall – Yes                      Mr. Smith – Yes (abstain 05-291)

                                    Ms. Urgo – Yes (recuse 37237)

                                    Mayor Zoschak – Yes

 

Motion Carried 7 to 0 (w/1abstention/4 recusals)    

 

05-291 A resolution supporting the acquisition of Lees’ Property by Jefferson Township. ($82,500).

 

05-336 A resolution authorizing the refund of construction permit application fees pertaining to the overpayment of fees for gas piping Permit No. 04-0779, Block 6305, Lots 4 & 5.

 

05-337 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.

 

05-338 A resolution urging the New Jersey Legislature to amend N.J.S.A 52:32-44 and N.J.S.A. 40A; 11-23.2 to allow bidders to supply a copy of their Business Registration Certificate within five business days of the bid opening.

 

05-339 A resolution of the Township of Roxbury authorizing that the various insurance coverage provided by the Morris Joint Insurance Fund and the MEL shall attach to the first responders hereinafter named who have been deployed under EMAC to provide services to the victims of Hurricane Katrina.

 

05-340 A resolution of the Township of Roxbury authorizing that the various insurance coverage provided by the Morris Joint Insurance Fund and the MEL shall attach to the first responders hereinafter named who have been deployed under EMAC to provide services to the victims of Hurricane Katrina.

 

05-341  A resolution authorizing the refund of duplicate water utility payment.

 

05-342 A resolution authorizing the release of a Performance Guarantee posted for installation of a driveway apron at 94A Pleasant Hill Road, Succasunna. Block 401, Lot 29.

 

05-343 A resolution authorizing the release of a Performance Guarantee posted for Right-of-Way Excavation Permit No. JULY0605, Mayra Hernandez, 2 Magnolia Court, Succasunna, NJ.  Block 4403, Lot 25.

 

05-344 A resolution extending the current moratorium on new connections to the Township’s water system.

 

05-345 A resolution authorizing the settlement of a civil action entitled Township of Roxbury v. Michael Lardner, Docket No. BER-DC-25215-04.

 

 

05-346 A resolution authorizing the purchase of manhole and drainage castings from Campbell Foundry Company.

 

05-347 A resolution authorizing the award of a contract to Tilcon New York Incorporated for milling and paving of various Township roads.

 

 

05-348 A resolution authorizing payment of bills.

 

Discussion took place pertaining to the Police Motorcycle.  Captain Kennedy advised Council that the Township is at the end of the lease on the motorcycle.  Captain Kennedy proceeded to advise Council that a resident wanted to make a contribution to the Township so it could buy the motorcycle at the end of the lease and  keep it.  The contribution would amount to $12,900.00.  That is the total cost of the buy out of the lease.  Discussion ensued and Council agreed to accept the contribution as of the date of the ending of the lease. 

 

Council agreed to accept the contribution which would be by formal resolution at the October 11, 2005 Council Meeting. 

 

Motion Carried 7 to 0

                                                                                                                                                   

COMMUNICATIONS

 

September 16, 2005

 

Mr. Rilee made a motion to file  the September 16, 2005 Communications.  Mr. Schmidt seconded the motion.

 

Roll Call:                    Mr. Rilee – Yes                       Mr. Schmidt – Yes

                                    Mr. Ciaramella – Yes             Mr. Hall – Yes

                                    Mr. Smith – Yes                      Ms. Urgo – Yes

                                    Mayor Zoschak – Yes

 

Motion Carried 7 to 0

 

September 23, 2005

 

#14 correspondence from Mary Cilurso, Rockaway Township Clerk to Acting Governor Richard J. Codey, Senator John S. Corzine, Senator Frank R. Lautenberg, Congressman Rodney P. Frelinghysen, Assembly Speaker Albio Sires, Members of the NJ State Legislature, Morris County Board of Chosen Freeholders & New Jersey Municipal Clerks dated September 19, 2005 Re:  Resolution In Favor Of Assembly Bill 3526/Senate Bill 2144 “Christopher’s Law.”

Council asked the Clerk  to see if Council previously adopted this.  If not, it should be placed  on the next agenda.

 

#18 Mayors Fax Advisory from William G. Dressel, Jr., Executive Director of NJLM dated September 20, 2005 Re:  Transportation Funding in Jeopardy.  Prepare a resolution for the next agenda.

 

#19 Correspondence from Cynthia A. Oravits, Boonton Township Clerk dated September 19, 2005 Re:  Resolution 05-213 – A RESOLUTION OF THE TOWN OF BOONTON, MORRIS COUNTY, NEW JERSEY IN SUPPORT OF ASSEMBLY BILL A-4243, WHICH WOULD PERMIT EACH MUNICIPALITY TO SET THE AMOUNT OF DOG LICENSE FEE.  A Resolution for the next agenda.

 

#24 Correspondence from Anthony M. Bucco, Township Attorney to Christopher Raths, Township Manager dated September 16, 2005 Re: Roxbury Township Volunteer Fire Department – LOASP.  Ms. Urgo questioned if it is the same as the amount on the ballot.  Mr. Bucco stated that it is.

 

EXECUTIVE SESSION

05-349 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.

 

Ms. Urgo made a motion to go into Executive Session.  Mr. Ciaramella seconded the motion.

 

Roll Call:  All in Favor – Yes – Absent Mr. Rilee (Mr. Rilee was out of the Council chambers at time of roll call)

 

At 10:15 PM Council went into Executive Session.

 

Council returned to the Workshop meeting at 10:30 PM.

 

ADJOURNMENT

 

At 10:31 PM Ms. Urgo made a motion to adjourn the Workshop Meeting.  Mr. Smith seconded the motion.

 

All In Favor – Yes

 

Motion Carried- 7 to 0

 

 

 

__________________________

BettyLou DeCroce, Township Clerk

 

APPROVAL OF MINUTES

DATE:                        January 24, 2006

ROLL CALL:                        Mr. Rilee – yes          Mr. Smith – yes

                                    Mr. Hall – yes Mr. Zoschak – yes

                                    Mayor Schmidt - yes