October 11, 2005
A Regular Meeting of the Township Council of the Township of
Roxbury was held on October 11, 2005 at 1715 Route 46, Ledgewood, N.J. 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 and Deputy
Mayor Martin Schmidt
ALSO
PRESENT: Christopher Raths, Township
Manager; Anthony Bucco, Township Attorney; Lisa Palmieri, Chief Financial
Officer also filled in for the Township Clerk (Township Ordinance allows) and
Mary Jane Parr, Administrative Aide to the Clerk
NOT
PRESENT: Mayor Richard Zoschak and
BettyLou DeCroce, Township Clerk
PRESENTATIONS
A.
Presentation—Outback Steakhouse
for assisting Roxbury Emergency Services on July 11, 2005. No one from
Outback arrived to receive their plaque. Council will present plaque to
Outback at next Council Meeting.
APPROVAL OF MINUTES
Sept. 13, 2005 Regular
Meeting
Mr.
Rilee made a motion to table until the next meeting. Mr. Ciaramella seconded
the motion.
ROLL CALL: Mr. Rilee – yes Mr. Ciaramella – yes
Mr. Hall – yes Mr. Smith -
yes
Ms. Urgo – yes
Deputy Mayor Schmidt – yes
Motion Carried 6 – 0
PUBLIC PORTION
Gary Behrens
195 Drake Lane
Ledgewood
Mr. Behrens stated that as a member of the Planning Board it
is his understanding that the new CVS store opened last Friday and should not
be opened 24 hours a day as it presently operates. They also have a red and
blue neon sign 20 x 30 inches, which states open 24 hours. Mr. Behrens
does not believe this neon sign is approved. Mr. Raths stated he would confirm
if CVS is allowed to operate 24 hours a day.
Charlie Alpaugh
156 Eyland Avenue
Succasunna
Mr. Alpaugh stated that there is a shortage of daytime EMS
personnel. Mr. Alpaugh stated that four weeks ago he was told that something
would happen. Mr. Raths stated he met with the Chief of Police and Fire Chief
about four weeks ago and asked for information on establishing on call duty
crews. He has met with the department heads and should have all information by
Wednesday of next week. Everyone will be assigned certain days when they can
go out on calls. Mr. Alpaugh stated that the Supervisors at Town Hall are not
happy with letting their personnel out on calls. Mr. Raths assured Mr. Alpaugh
that there is no department heads that are saying, “you cannot go out on
calls.” Mr. Raths further stated that next Friday he would have something for
the packages after his meeting with the Chiefs.
Councilman Rilee stated maybe it is time we look into
privatizing the EMS service.
Mr. Alpaugh also stated we have a new radio system and we
should be able to use it and communicate with each other.
Ms. Urgo stated she has never received any data to support
the EMS problem one way or another. Ms. Urgo stated if there is an emergency
with the EMS this creates an enormous problem. Ms. Urgo stated if we are
facing 20+ minute delays, she would like to be aware of this situation right
now – not four weeks from now. Ms. Urgo stated that we spent $25,000.00 on a
study and have not received any data. Mr. Raths stated he would get
information out to Council by the end of the week.
EXECUTIVE SESSION
05-350 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.
Smith made a motion to adopt Resolution 05-350 for Executive Session. Mr. Hall
seconded the motion.
ROLL CALL: Mr. Smith – yes Mr. Hall – yes
Mr. Ciaramella – yes Mr. Rilee - yes
Ms. Urgo – yes
Deputy Mayor Schmidt – yes
Motion Carried 6 – 0
At
this time Ms. Urgo stepped down and did not participate in the Executive
Session, because of a potential conflict of interest.
At
7:45 p.m. Council went into Executive Session.
At
8:20 p.m. Council returned to the Regular Meeting.
Ms.
Urgo returned to the Regular Meeting at this time.
REPORTS
OF COUNCIL LIAISON REPRESENTATIVES, COUNCIL COMMITTEES AND NEW BUSINESS/OLD
BUSINESS
A. Procurement
Policy
B.
Appointments
i.
Lake Musconetcong Regional Planning Board: 1 Member, 4-year Term (Mayor
Appointment)
ii.
Rockaway River Watershed Cabinet - 1 Member, 1-year term and
un-expired term of Tricia Fragale (1/1/05 >
12/31/05).
iii.
Open Space Acquisition Advisory
Committee: 1 Member, un-expired term of Mena Schultz (1/1/04 >
12/31/06).
Councilman
Tim Smith stated that the next Economic Development Committee meeting is
scheduled for Thursday, November 3, 2005 and the topic will be on obtaining permits for
Contractors.
Mr.
Smith also commented on the Water and Sewer Committee meeting he attended and
the topic of discussion was the Pine
Street well and the D.P.W. facility.
Mr. Smith also discussed a possible water connection with Roxbury Water
Company. He also advised the Council regarding Wellfleet and the issue of
additional storage capacity.
Mr.
Smith also commented on the bus driver who grabbed a child getting off his bus
when he noticed an SUV passing on the right hand side of the bus and ultimately
saved the Childs life. Mr. Smith stated that he would like to present this bus
driver with a certificate of recognition from the Township. Mr. Raths stated
that the bus drivers name is Mr. Norris and he is the father of two employees
that work in the D.P.W. Mr. Raths will follow up.
Mr.
Smith also questioned if we could get striping on the Righter Road
parking lot exit at Horseshoe Lake. Mr. Raths will look into the matter. Deputy Mayor
Schmidt commented that cars park on both sides of Righter Road
and it is very difficult for cars to drive through. This matter has been
brought up a few times already and must be addressed.
Ms.
Urgo stated that she attended an Affordable Housing Committee meeting along
with Mr. Sterns, Township Planner, Mr. Banish, Planning Consultant and Mr.
Raths. They reviewed several reports and found some missing units
(approximately 30) that are now accounted for. They came out with some
positive feedback on how to better prepare the Townships spreadsheets.
Mr.
Raths stated that we now have an over abundance of senior credits. Ms. Urgo
stated that we are not receiving as many credits as we use to for these untis.
Mr. Hall stated that we are in good shape in regards to our growth share and
our obligations.
Mr.
Hall questioned about RCA’s if they can be targeted into the County that you
are in or do you have to send them into the State pool? Mr. Raths stated it
has to go into the State pool. Mr. Hall stated that we are going to give out
between 30 – 35 credits. Mr. Hall stated we should find out for sure and try
to keep the credits at least somewhere in Morris County or where ever Council decides. Mr. Raths stated he
would get the answer in writing for him.
Mr.
Hall commented on the Trails Committee meeting held last week and that they
handed out some manuals. Mr. Hall questioned Mr. Raths about this being
incorporated into the Master Plan. Mr. Raths stated that he would send the
information over to Russell Stern, Township Planner to review. Mr. Raths went
on to state that he met with Mike Kobylarz of Engineering, Dave Stierli of
Recreation and the Chief of Police earlier today in regards to the Trails Plan.
Mr.
Hall questioned Mr. Raths about several construction issues regarding the
Willow Walk complex. He would like an answer on this issue. Mr. Raths stated
he believes Russ Brown, Construction Code Official looked into the matter. Mr.
Raths will follow up.
Mr.
Hall also stated that the Recreation Master Plan is complete. The Recreation
Master Plan will be given to staff to make sure all the numbers are correct and
to make sure that nothing has been missed. Once reviewed it will be presented
to Council. Mr. Hall stated he would give Mr. Raths the draft tomorrow.
Mr.
Ciaramella confirmed with Council that the Streetscaping meeting is scheduled
for tomorrow, October 12, 2005 at 7:30 p.m.
Deputy
Mayor Martin Schmidt questioned Mr. Raths on when the roadwork is going to be
done at the intersection of Righter Road and Hillside
Avenue. Mr. Raths stated he would
check with Mike Kobylarz, Director of Engineering & Public Works to see
when it will finally be completed.
Mr. Bucco stated that he received word today from the
Supreme Court Case regarding County Concrete vs. Roxbury Township that their
request for certification was denied. Roxbury still a case pending at the
Federal level.
MATTERS
REQUESTED/REFERRED BY COUNCIL MEMBERS, MANAGER, ATTORNEY OR CLERK
A.
Renaissance Plaza Street Names
memo dated October 4, 2005. Mr.
Bucco stated this should be done by Ordinance. Mr. Schmidt agreed.
B.
2005 Conference Resolutions
memo dated September 27, 2005. Ms. Urgo
stated she has some suggestions for Resolutions. Resolution #5-367 which
supports a congressional bill that allows local regulation of railroad operated
garbage dumps. This would be an excellent issue to create a Resolution for the
League to support. In regards to the Health Department, it is State law that
once someone is licensed and has been working for the Township for at least 5 years,
they must be paid in the top of the salary range. Ms. Urgo stated we should
replace our salary guides for when someone leaves we don’t get hit with another
40% raise. Ms. Urgo stated this would be a great Resolution because a certain
salary in 2003 went up over 30% in 2004 due to this Legislation. Ms. Urgo went
on to state that in 2003 we paid $37,000.00 and by 2004 we were required to pay
over $50,000.00 because of the state statute. Ms. Urgo gave another example
of an employee who received 40%+ increase. Ms. Urgo stated that every other
employee is getting 3.5% and it is not fair. Ms. Urgo stated if they are going
to continue to require this legislation, they should send the money to be given
to the employees. Ms. Urgo stated she would help write this Resolution.
Mr. Hall stated he learned from the Clerk at the last
Council meeting that there were significant Technology Grants that have not
been applied for and went to other areas of the State. Mr. Hall stated we
should send a Resolution indicating that we have not received any funding from
the State. Council agreed with Mr. Hall, but had no suggestions on how Roxbury
could qualify for funding. Mr. Hall stated he would draft this Resolution and
Ms. Urgo offered to help.
C.
Disposition of public
property. Mr. Raths stated that Mr.
& Mrs. William Smith approached him several months ago in regards to having
the Township donate Block 12107, Lots 8 & 10 on Cayuga Avenue
in Landing. Mr. Raths stated that the law requires the Township to the
property to all of the abutters, not just Mr. & Mrs.
Smith.
Councilman Rilee questioned Mr. Raths if there are any
drainage concerns on this property. Mr. Raths stated he would have to check.
Mr. Bucco stated that there are no curbs or sidewalks on this property.
Mr. Ciaramella questioned Mr. Raths if the Smiths are
aware that their property taxes would go up if they acquired this property.
Mr. Raths stated that he did indicate in the letter he sent to the Smiths that
they would be responsible for the property taxes. Mr. Ciaramella questioned if
he knew the amount of what the taxes would be. Mr. Bucco stated that there is
no way you can predict ahead of time what the taxes would be. The Tax Assessor
must recalculate that amount. Mr. Ciaramella questioned if the Smiths would
have any idea before closing what there taxes were going to be. Mr. Bucco
stated no. Mr. Bucco also stated he would not want the Assessor to give an
estimate.
Mr. Hall questioned Mr. Raths on the actual value of
the two property lots. He asked if $150,000.00 is the correct amount. Mr.
Raths stated that this is the assessed value. Mr. Raths stated that the Smiths
are not interested in purchasing the property for the assessed value, only to
pay for closing costs and the taxes that are required.
Ms. Urgo stated she would like to know if there are
any streams, springs or wetlands on this property. Ms. Urgo also stated she
would like to have a conservation easement. Deputy Mayor Schmidt agreed.
INTRODUCTION OF PROPOSED ORDINANCES
30-05 – HOLD 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. Raths stated that the Mayor wanted to be present
for this discussion and that Mr. Stern, Township Planner is in the process of
reviewing Ordinances from other Communities. Ms. Urgo stated that there should
be some wording in the Ordinance that if we pick up the signs the Owner
automatically forfeits them. Council agreed.
HEARING AND ADOPTION OF ORDINANCES ON SECOND READING
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. Smith made a motion to open Ordinance
28-05 for discussion. Mr. Rilee seconded the motion.
ROLL CALL: Mr. Smith – yes Mr. Rilee – yes
Ms. Urgo – yes Mr. Ciaramella
- yes
Mr. Hall –
yes Deputy Mayor Schmidt – yes
Motion Carried 6 – 0
No Public Comment.
Mr. Rilee made a motion to close Ordinance
28-05. Ms. Urgo seconded the motion.
ROLL CALL: Mr. Rilee – yes Ms. Urgo – yes
Mr. Ciaramella – yes Mr. Hall - yes
Mr. Smith – yes
Deputy Mayor Schmidt – yes
Motion Carried 6 – 0
Mr. Rilee made a motion to adopt Ordinance
28-05. Mr. Smith seconded the motion.
ROLL CALL: Mr. Rilee – yes Mr. Smith – yes
Ms. Urgo – yes Mr. Ciaramella -
yes
Mr. Hall – yes
Deputy Mayor Schmidt – yes
Motion Carried 6 – 0
29-05 An ordinance amending Chapter X, Fire
Prevention Section 10-5, Open Burning, of the Revised General Ordinances of the
Township of Roxbury and permitting campfires by permit in the Morris Canal Park
and Ledgewood Basin Park.
Ms. Urgo made a motion to open Ordinance
29-05 for discussion to the Public. Mr. Ciaramella seconded the motion.
ROLL CALL: Ms. Urgo – yes Mr. Ciaramella – yes
Mr. Hall – yes Mr. Rilee - yes
Mr. Smith – yes
Deputy Mayor Schmidt – yes
Motion Carried 6 – 0
No Public Comment.
Ms. Urgo made a motion to close Ordinance
29-05 for discussion to the Public. Mr. Smith seconded the motion.
ROLL CALL: Ms. Urgo – yes Mr. Smith – yes
Mr. Ciaramella – yes Mr. Hall - yes
Mr. Rilee – yes
Deputy Mayor Schmidt – yes
Motion Carried 6 – 0
Ms. Urgo made a motion to adopt Ordinance
29-05. Mr. Ciaramella seconded the motion.
ROLL CALL: Ms. Urgo – yes Mr. Ciaramella – yes
Mr. Hall – yes Mr. Rilee - yes
Mr. Smith – yes
Deputy Mayor Schmidt – yes
Motion Carried 6 – 0
INTRODUCTION AND ADOPTION OF RESOLUTIONS
05-351 A resolution
incorporating by reference herein and approving the following numbered
resolutions listed on the regular council meeting agenda for this date: 05-305,
05-306, 05-352, 05-353, 05-354, 05-355, 05-356, 05-357, 05-358, 05-359, 05-360,
05-361, 05-362, 05-363, 05-364, 05-367, 05-368, 05-369.
A
motion was made by Mr. Rilee to hold Resolutions 05-365 and 05-366 and adopt
Resolution 05-351. Mr. Ciaramella seconded the motion.
ROLL CALL: Mr. Rilee – yes Mr. Ciaramella – yes,
recuse on Ck #37382
Mr. Hall – yes Mr. Smith- yes
Mr. Urgo – yes Deputy
Mayor Schmidt – yes
Motion Carried 6 – 0, with 1 recusal on check #37382
Mr. Rilee amended his motion to remove Resolution 05-356.
Mr. Ciaramella seconded the motion.
ROLL CALL: Mr. Rilee – yes Mr. Ciaramella- yes
Ms. Urgo – yes Mr. Smith
- yes
Mr. Hall – yes
Deputy Mayor Schmidt – yes
Motion Carried 6 – 0
Ms. Urgo made a motion to move 05-365. Mr. Hall seconded
the motion.
ROLL CALL: Ms. Urgo – yes Mr. Hall - yes
Mr. Rilee – Abstain Mr. Smith- yes
Mr. Ciaramella – yes Deputy
Mayor Schmidt – yes
Motion Carried 6 – 0
Ms. Urgo made a motion to move 05-366. Mr. Hall seconded
the motion.
ROLL CALL: Ms. Urgo – yes Mr. Hall - yes
Mr. Rilee – Abstain Mr. Smith- yes
Mr. Ciaramella – yes Deputy
Mayor Schmidt – yes
Motion Carried 6 – 0
05-305 A
resolution authorizing the award of a contract to T. Fiore Demolition, Inc.,
for the base bid of the demolition and disposal of a concrete block
manufacturing plant.
05-306 A
resolution authorizing the award of a contract to Frank Lurch Demolition, Inc.
for the alternate bid of the demolition and disposal of a concrete block
manufacturing plant.
05-352 A resolution
authorizing the refund of a cash bond posted by Ronetco Supermarkets for site
improvements related to the Renetco/Home Depot Site Plan located in Roxbury
Mall. Block 5004, Lots 3 & 4.
05-353 A resolution in favor of Assembly Bill 3526
/ Senate Bill 2144, “Christopher’s Law”.
05-354 A resolution of the Township of Roxbury in
support of Assembly Bill A-4243, which would permit each municipality to set
the amount of dog license fee.
05-355 A resolution supporting the development of a
funding source for the New Jersey Transportation Trust Fund.
05-356 (HOLD) 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. Ms. Urgo believes we already refunded
this money.
05-357 A
resolution authorizing acceptance of gifts. (2 flag poles)
05-358 A
resolution authorizing acceptance of gifts. (Motorcycle)
05-359 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.
05-360 A resolution
authorizing the acceptance of a cash bond for Soil Moving Permit for Loraine
Development located on Mt. Arlington
Blvd., Block 12101, Lot 6.
05-361 (Revised)
A resolution authorizing the acceptance of a performance bond and cash bond in
connection with the approval of a Soil Relocation Permit for Dell Avenue
Properties located on Dell Avenue, Block 7101, Lots 17 & 18.
Ms. Urgo wants the title heading changed to state: Dell Park
Properties.
05-362 (Revised) A
resolution authorizing the acceptance of a performance bond and cash bond in
connection with the approval of a Tree Permit for Dell Avenue Properties
located on Dell Avenue, Block 7101, Lots 17 & 18.
Ms. Urgo wants the title heading changed to state: Dell Park
Properties.
05-363 A resolution authorizing the award of a
contract for pond cleaning at the Ajax Plant to Spectraserv, Inc.
Mr.
Blood stated that in the future they would extend the bid period in order to
receive more than one bid on a project.
05-364
A resolution authorizing the release of a performance guarantee posted for
Right-of-Way Excavation Permit No. MAY1705A to Rollins & Nancy Bogardus, 221 Eyland Avenue,
Succasunna, Block 2907, Lot 20.
05-365
A resolution authorizing the acceptance of the Maintenance Bond and approving
the release of the Performance Guarantee and final payment to Jenicar Builders
Contractors Co., Inc., Kearny, NJ for the Eyland Avenue Phase III/Sunset Lane
Drainage Improvement Project.
05-366
A resolution approving a person to person transfer of Liquor License #
1436-33-016-004 from Lakeside Pub, Inc., T/A The Pit Stop Pub, to Danielle’s
Pub, LLC, T/A Danielle’s.
05-367 A
resolution supporting H.R. 3577 and S. 1607 allowing local regulation of
railroad operated garbage dumps.
05-368 A resolution authorizing the acceptance of a
Conservation Easement, Sight Triangle Easement and Access Agreement from
Legends Harley Davidson Realty, LLC. Block 9501, Lot 13.
Ms. Urgo is not happy with the way the Conservation
Easement is written.
05-369 A resolution authorizing payment of bills.
PERSONNEL CHANGES
Memo from Judy Riley dated October 5, 2005.
COMMUNICATIONS
September 30, 2005
#1 – Interoffice Memo regarding Information Update and
rumble strips – Mr. Raths stated that a memo prepared by Mike Kobylarz stated
rumble strips were an option, since it was included in the petition from the
Residents of Dell Avenue.
#7 – Correspondence regarding Roxbury Township will
receive $23,200.87 as its fiscal year 2006 In-Lieu-of Tax Payment for State
& Nonprofit Owned Open Space – Mr. Raths stated that this money gets put
into the line item in the revenue account which is called “Payment in Lieu
of Taxes from the State.”
#24 – Correspondence regarding Highlands Water Protection
& Planning Act/Revocation of Certain Designated Sewer Service Areas in the
Highlands Preservation Area, Proposed Amendment to Northeast, Sussex, Upper
Delaware & Upper Raritan Water Quality Management (WQM) Plans – Mr. Raths
stated he or Mike Kobylarz will be attending this meeting. Mr. Raths also
confirmed to Council that they do not inform you of where the gallons of water
are going.
#26 – Correspondence regarding Support in Helping to Keep
Lake Hopatcong Stocked With Trout by Making a Modest Donation to the Knee Deep
Club’s Trout Stocking Fund – Council agreed that we have a Policy in place that
the Township does not make charitable donations.
October 7, 2005
#4 – Correspondence regarding 2 Emanual Way, Block 9501, Lot
3 – Notice of Violation – Mr. Raths stated that if the homeowner does not
comply, he would get fines.
#13 – Interoffice Memo regarding Kenbar Discussion – Ms.
Urgo does not agree and she stated in the Minutes in regards to Kenbar that it
does not make any sense.
#15 – Correspondence regarding Ledgewood has Been
Selected by the NJDOT to Receive Funding in the Amount of $185,000 from the
Fiscal Year 2006 Transportation Trust Fund Municipal Aid Formula Program – Ms.
Urgo gave thanks to the Manager and the Engineering Department for getting the
Township this money.
PUBLIC PORTION
None
EXECUTIVE SESSION – This Executive Session was not held.
05-370 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.
ADJOURNMENT
At 9:35
p.m. a motion was made by Mr. Rilee to
adjourn the Regular Meeting. Mr. Smith seconded the motion.
All In Favor - Yes
Submitted By:
BettyLou DeCroce
Township Clerk
MINUTES APPROVED BY COUNCIL
DATE: January 24, 2006
ROLL CALL: Mr. Rilee – yes Mr. Smith – yes
Mr.
Hall – yes Mr. Zoschak – yes
Mayor
Schmidt - yes