January 24, 2006
A
Workshop Meeting of the Township Council of the Township of Roxbury was held on
January 24, 2006 at 1715 Route 46, Ledgewood 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, 2006; notice was posted on the bulletin board in the main hallway of the Municipal
Building on January 5, 2006.
ROLL
CALL: (Present)
Councilmen Fred Hall, Jim Rilee, Richard
Zoschak, Tim Smith and
Mayor Martin Schmidt
ALSO
PRESENT: Christopher
Raths, Township Manager; Anthony Bucco, Township Attorney and Janet Rieth,
Deputy Township Clerk
John
Ciaramella was absent due to illness.
Kathy
DeFillippo was attending a Women’s Club Meeting and arrived at 8:40 PM
during Executive Session.
REPORTS
OF COUNCIL LIAISON REPRESENTATIVES, COUNCIL COMMITTEES AND NEW BUSINESS/OLD
BUSINESS
New Business
NJ Senate Citation for 2005 Troop Drive by Senator Bucco
Senator
Bucco presented a citation to the Township of Roxbury
for their participation in the 2005 Troop Drives. He stated that he has
received many letters and emails from the troops expressing their appreciation
and he also personally received a call from a soldier in Iraq
thanking everyone for their donations. At the last troop drive Senator Bucco
received, from a Colonel in Iraq, a United
States flag that was flown
over Kanduhar, with a citation from the command thanking everyone.
Old Business
Procurement Policy – No
Discussion
Appointments
Rockaway
River Watershed Cabinet—2 Members, 1-year term
Economic
Development Committee—1
Member, 3-year term
These
appointments will be discussed at the meeting of February 14, 2006.
Mr.
Raths advised that he received a call from the Raritan Highlands Compact
advising that the Township needs to appoint another representative. Mr.
Zoschak is the Township’s representative and stated that Tim Smith has been
appointed as his alternate. Mr. Zoschak will check into this at the meeting on
Thursday.
Mr.
Hall stated that appointments also need to be made to the Trails Committee and
this should be added to the next Agenda.
Mr.
Zoschak stated that the Raritan Highlands Compact will be meeting Thursday and
they will be discussing “opting in” options for the Highlands in the planning area. He will present the information to
Council at the next meeting.
Mr.
Zoschak discussed the power failures during the storm last weekend and would
like Mr. Raths to contact Jersey Central Power & Light to attempt to get
them to respond to outages more quickly. Mr. Raths advised that Mrs. DeCroce
received a call from the President of JCP&L last week. Mr. Raths also spoke
with him regarding the length of the outages, a certain location in town that
continues to have problems and the fact that it took us four hours to receive a
return call from our representative. He will look into this and get back to Mr.
Raths this week. Mr. Hall stated that we were having problems a couple of
years ago in Succasunna at which time JCP&L was brought in and shown where
the areas were. They provided the Township with a report of their findings.
Mr. Hall questioned the progress on the redundancy features on that area. Mr.
Raths will check with JCP&L.
Mr.
Zoschak stated that there was an article in the paper last week regarding the
MUA doing a feasibility study of using the Mine Hill mines for water storage
and pulling water from different sources. One of the sources is Lake Hopatcong
and the Lake Hopatcong Commission has a problem with this. Mr. Zoschak will
update Council when he has more information.
Mr.
Smith stated that approximately 25 contractors attended the Economic Development Committee seminar, which was held last Thursday
morning. The Township’s new permitting process for construction was discussed
and he feels it was very well received.
Mr.
Smith advised that the Water/Sewer Committee met last week and discussed the
issue of the Pine Street well on the DPW site. The Committee is close to
finalizing a recommendation to Council regarding the analysis of the hydrology
of the area as a way of helping the Township. It was expected that the price
for the study would be $35,000; however, it will actually be closer to
$50,000. This study will be critical to justifying the well and being able to
use the property. Mr. Zoschak stated that before the Committee moves forward
with the study, the Township’s consultant is speaking with the DEP to be
determine if the Township will be able to locate the building near the well
area. There will be a meeting in Trenton with the DEP on February 8th,
with Tom Grau, Chris Raths and Mike Kobylarz attending.
Mr.
Smith advised that negotiations have occurred with Roxbury Water Company. The
feedback has been positive, however, clarification is needed on a couple of
issues. Mr. Zoschak stated that the price is for the Route 10 connection and
there is no problem with the guarantee.
Mr.
Smith stated that the Water/Sewer Committee reviewed some of the overall
figures on water supply. The water situation appears to be improving.
Mr.
Rilee stated that Roxbury residents with a Flanders mailing address have not
received Township calendars. Mrs. Rieth advised that the Clerk’s Office has
spoken with the Town Planner, which is the company that sends out the calendar
and with the Flanders Post Office. The Town Planner will be delivering
additional calendars to Flanders this week for delivery to the residents.
Mr.
Rilee advised that a Planning Board hearing was held last week for seniors and
others to discuss the feasibility of senior housing and what they are looking
for. This was done as a requirement for the Master Plan. The seniors are
mainly looking for affordability.
Mayor
Schmidt advised that the Environmental Commission met last week. They are
beginning a stream study this year on streams in the Township and he will give
the details to Mr. Raths. Mayor Schmidt further advised that the Environmental
Commission is discussing a tree inventory at Horseshoe Lake, which will be done
by a student from Cook College. The Commission would also like to develop a
rest area education center that can be incorporated in the Township trails.
Mayor
Schmidt stated that he attended the service Sunday celebrating the 250th
Anniversary of the Presbyterian Church. There will be celebrations once a
month for the rest of the year.
PUBLIC PORTION
Charlie
Alpaugh, Eyland Avenue, Succasunna stated that he attended the 12th
night celebration in Mendham, which is the burning of the Christmas trees. He
stated that he has received approval from the Fire Department and would like
Council’s approval to hold this celebration in Roxbury in January 2007. The
majority of Council agreed. Mr. Alpaugh will work with Mr. Raths and Michael
Pellek, Township Fire Prevention Officer, to obtain the proper permits.
MATTERS
REQUESTED/REFERRED BY COUNCIL MEMBERS, MANAGER, ATTORNEY OR CLERK
A.
Application for Raffles License No. RA: 1269 by St. Therese Church
B.
Application for Raffles License No. RA: 1270 by St. Therese Church
C.
Application for Raffles License No. RA: 1271 by Prudential New Jersey
Properties
D.
Application for Special Permit for Social Affair by St. Therese CYO Basketball
E.
Letter from Rockaway River Watershed Cabinet requesting 2006 budget
appropriation of $1,500
Mr. Rilee made
a motion to approve Items A through E. Mr. Zoschak seconded the motion.
Roll
Call:
Mr.
Rilee – yes Mr. Zoschak – yes
Mr.
Hall – yes (abstain on Items A, B & D)
Mr.
Smith – yes Mayor Schmidt – yes
Motion
carried 5 – 0 with one abstention on Items A, B & D
APPROVAL
OF MINUTES
September
27, 2005 Workshop
September
27, 2005 Executive Session
October
11, 2005 Regular
October
11, 2005 Executive Session
December
13, 2005 Executive Session
January
10, 2006 Executive Session
Mr.
Rilee made a motion to approve the above Minutes. Mr. Smith seconded the
motion.
Roll
Call:
Mr.
Rilee – yes Mr. Smith – yes
Mr.
Hall – yes Mr. Zoschak – yes
Mayor
Schmidt – yes
Motion
carried 5 - 0
DRAFT ORDINANCES FOR DISCUSSION
None
INTRODUCTION OF PROPOSED ORDINANCES
1-06 An ordinance amending Chapter
IV, General Licensing, of the Revised General Ordinances of the Township of
Roxbury, pertaining to Used Motor Vehicle and Junk Dealers
Mr.
Rilee made a motion to introduce Ordinance 1-06. Mr. Hall seconded the motion.
Roll
Call:
Mr.
Rilee – yes Mr. Hall – yes
Mr.
Smith – yes Mr. Zoschak – yes
Mayor
Schmidt – yes
Motion
carried 5 - 0
2-06 An ordinance amending Chapter
II, Administrative Code, of the Revised General Ordinances of the Township of
Roxbury, County of Morris, New Jersey, pertaining to Length of Service Award
Program
Mr.
Rilee made a motion to introduce Ordinance 2-06. Mr. Hall seconded the motion.
Roll
Call:
Mr.
Rilee – yes Mr. Hall – yes
Mr.
Smith – yes Mr. Zoschak – yes
Mayor
Schmidt – yes
Motion
carried 5 – 0
3-06 An ordinance amending Chapter
II, Administrative Code, of the Revised General Ordinances of the Township of
Roxbury pertaining to the authority of the Manager to appoint Officers and
employees
Mr.
Rilee made a motion to introduce Ordinance 3-06. Mr. Zoschak seconded the
motion.
Mr. Bucco
explained that this ordinance is essentially what the council asked for at the
end of last year to make it clear that, in order for the Manager to hire or
appoint employees, they have to be authorized in the budget.
Roll
Call:
Mr.
Rilee – yes Mr. Zoschak – yes
Mr.
Hall – yes Mr. Smith – yes
Mayor
Schmidt – yes
Motion
carried 5 - 0
4-06 An ordinance amending Chapter
XIII, Land Development Ordinance, of the Revised General Ordinances of the
Township of Roxbury, pertaining to illegal signs and penalties for the
violation of this chapter
Mr. Zoschak
made a motion to introduce Ordinance 4-06. Mr. Rilee seconded the motion.
Mr.
Bucco explained that this Ordinance specifically states that any illegally
placed sign in a public right of way will be subject to removal and forfeiture
by the Township and it also increases the penalties to $1250 for each
violation. Mr. Bucco further explained that Garage Sale signs, Political
signs, Real Estate signs, etc. are dealt with separately in the Land Use
Ordinance, under a section called Temporary Signs.
Roll
Call:
Mr.
Zoschak – yes Mr. Rilee – yes
Mr.
Hall – yes Mr. Smith – yes
Mayor
Schmidt – yes
Motion
carried 5 - 0
HEARING AND ADOPTION OF ORDINANCES ON SECOND READING
None
DRAFT RESOLUTION FOR DISCUSSION
None
INTRODUCTION AND ADOPTION OF RESOLUTIONS
Mr. Bucco
advised that there is a Resolution on the dais authorizing the execution of a
postponement of mortgage for one of the buy down units at Block 108, Lot 18.01,
which is 518 Ryerson Road. This is one of the buy down units that the Township
has a $25,000 second mortgage on and the property owner wants to refinance.
This will be Resolution 06-49.
06-33 A resolution incorporating by
reference herein and approving the following numbered
resolutions listed on the workshop
council meeting agenda for this date: 06-34, 06-35, 06-36, 06-38, 06-39, 06-40,
06-41, 06-42, 06-43, 06-44, 06-45, 06-46, 06-47, 06-49
Mr.
Rilee made a motion to adopt Resolution 06-33. Mr. Zoschak seconded the
motion.
Roll
Call:
Mr.
Rilee – yes Mr. Zoschak – yes
Mr.
Hall – yes Mr. Smith –yes
Mayor
Schmidt – yes
Motion
carried 5 - 0
06-34 A resolution authorizing
additional funding for professional services provided by Integra Krauser &
Cirz to support litigation matters involving Pio Costa/La Hue condemnation on
behalf of the Township of Roxbury
06-35 A resolution authorizing
additional funding for professional services provided by Michael J. Spillane,
P.E., P.L.S. of Spillane Engineering Associates, LLC for legal services
associated with the Pio Costa/La Hue condemnation matter on behalf of the
Township of Roxbury
06-36 A resolution authorizing
additional funding for professional services provided by Integra Krauser &
Cirz, Inc. to support litigation matters involving the Hercules Tax Appeal
06-38 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
06-39 A resolution amending the membership of
the Township Fire Department
06-40
A resolution amending the membership of the Township Fire Department
06-41 A resolution requesting that the
New Jersey Department of Environmental Protection withdraws the proposed
amendment to the Northeast Water Quality Management Plan
06-42 A resolution authorizing the
submission of applications for the 2006 Morris County Department of Community
Development Program
06-43 A resolution of the Township of
Roxbury, County of Morris, State of New Jersey, authorizing the award of a
contract for professional services for the Township Labor Attorney
06-44 A resolution authorizing the
award of a contract to Creative Home Remodeling for the lattice reconstruction
at the Township Municipal Building, 1715 Route 46, Ledgewood, Block 9603, Lot 5
Mr. Bucco
advised that the resolution indicates that the Township solicited quotes and
received three bids. He has revised the resolution to reflect that the
Township solicited quotes and received only one bid.
06-45 A resolution authorizing the
release of a Performance Guarantee posted for Right-of-Way Excavation Permit
No. NOV0405A Harrington Construction Co., Inc for work performed at 8 Pepper
Lane, Succasunna, Block 2802, Lot 9
06-46 A resolution of the Township of
Roxbury, County of Morris, State of New Jersey, authorizing the award of a
contract for professional services for a Tax Appeal Attorney
Council agreed
to a “not to exceed” amount of $10,000.
06-47
A resolution authorizing payment of bills
06-49 A resolution of the Township of
Roxbury authorizing the execution of a postponement of mortgage between the
Township and ISB Mortgage Co., LLC
06-37
A resolution authorizing the award of a contract with Gold Type Business
Machines for the purpose of laptop computers for use by the Police Department
Mr.
Hall made a motion to adopt Resolution 06-37. Mr. Smith seconded the motion.
Mr.
Raths explained that these are the laptops that were approved in the 2005
Capital Budget. They are replacing Model CF48, which are 2002 models. Mr.
Rilee would like a list of what these four units are replacing to double check
it against the laptop purchase in the 2006 Capital Budget. Mr. Hall suggested
that, since we are replacing these laptops so frequently, the Township should look
into the price of leasing them or purchasing a replacement warranty.
Roll
Call:
Mr.
Hall – yes Mr. Smith –yes
Mr.
Rilee – yes Mr. Zoschak – yes
Mayor
Schmidt – yes
Motion
carried 5 – 0
COMMUNICATIONS
January
20, 2006
#2 –
Correspondence from Robert Bowser, Mayor of East Orange, dated December 20,
2006, re: Township of Roxbury Regional contribution Agreement Allocation – Mr.
Raths advised that the Township contacted 2 municipalities in Morris County and
they are not interested. Mr. Hall would like to send an email to our elected
representatives, questioning if there is anything that can be done to keep the
money in Morris County and if he does not hear anything by the next meeting, he
would then agree to going out of the County. Council agreed to wait until the
next meeting.
#6
- Mayors Fax Advisory from NJLM, dated January 13, 2006, re: S-457, Time of
Decision Rule – A resolution opposing S-457, Time of Decision Rule, will be
prepared for the next Agenda.
#8
– Mayors Fax Advisory from NJLM, dated January 19, 2006, re; Smoke-Free Act –
If our Health Inspectors cite a violation, all the money comes back to the
Township. Mayor Schmidt questioned if this Act applies to the VFW and American
Legion. Mr. Bucco advised that it does.
#9
– Correspondence from County Administrator John Bonanni, dated January 13,
2006, re: 2006 Supplemental funding Application (Up to $2,500.00) Available to
All Municipal Alliances – Deadline is February 10, 2006 – Council would like
information showing how the Municipal Alliance Committee will spend the
additional $5,000.
#10
– Correspondence from Anthony Bucco, dated January 17, 2006, re: PL2006 Chapter
269, Increase in Penalties for Municipal Ordinance Violations – Mr. Bucco is
working with staff on this.
#14
– Fax Transmission from David File of First Energy Corporation, dated January
15, 2006, re: Wal-Mart Stores – Ice/Water for JCP&L Customers – Mr. Raths
will contact First Energy to determine why the Roxbury Wal-Mart is not
included.
EXECUTIVE SESSION
06-48 A 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 06-48 for Executive Session. Mr.
Zoschak seconded the motion.
Roll
Call:
Mr.
Smith – yes Mr. Zoschak – yes
Mr.
Hall – yes Mr. Rilee – yes
Mayor
Schmidt – yes
Motion
carried 5 – 0
At
8:30 PM Council went into Executive Session.
At
9:30 PM Council returned to the Workshop Meeting.
05-50 A resolution authorizing a
contract with Integra Realty Resources for the preparation of limited
appraisals of four properties owned by Roxbury Township
Mr. Hall made
a motion to adopt Resolution 05-50. Mr. Zoschak seconded the motion.
Roll
Call:
Mr.
Hall – yes Mr. Zoschak - yes
Mrs.
DeFillippo – abstain Mr. Rilee – yes
Mr.
Smith – yes Mayor Schmidt – yes
Motion
carried 5 – 0 with one abstention
ADJOURNMENT
At
9:32 PM Mr. Rilee made a motion to adjourn the Workshop Meeting. Mr. Zoschak
seconded the motion.
All
In Favor – yes
_________________________
BettyLou
DeCroce
Township
Clerk
MINUTES APPROVED BY COUNCIL
DATE: February 14, 2006
ROLL
CALL: Mr.
Rilee – yes Mr. Smith – yes
Mr.
Ciaramella – yes Mrs. DeFillippo – abstain
Mr.
Hall - yes