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May 10, 2005                                   

 

A Workshop Meeting was held by the Township Council of the Township of Roxbury on May 10, 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) 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

 

Mayor Zoschak and Christopher Raths introduced Russell Brown - the Township?s new Construction Official.  Mr. Raths stated that Mr. Brown has been with us for two to three weeks now and he is a local resident who resides in Kenvil.

 

Mr. Brown stated that everything has gone very well so far and he looks forward to working in Roxbury.

 

Mayor Zoschak also thanked Council for flowers to his wife and read a thank you note from his wife to the Council members.

 

Mayor Zoschak amended the Agenda to Presentations (#6)

 

PRESENTATIONS

A.      Roxbury Rotary Club ? Mr. Steven Alford, President of the Roxbury Rotary Club  stated he was here to present three donations to each of the three Rescue Squads from the Casino Night event they held on March 2, 2005.  Mr. Alford stated that this was their second annual ?Casino Night? and that they do it in conjunction with the Randolph Rotary and last year they donated the money to the Police Departments and this year they chose the Rescue Squads and for next year they plan to donate to the Fire Departments.

 

Mr. Alford presented the three checks, each $500.00 to Chief Hayowyk and Chief Lang for Company #1, #2 and #3.

 

Mayor Zoschak thanked Mr. Alford and the Rotary for their donations.

 

B.     Historical Advisory Committee - Mr. Cramond, Chairman of the Historic Advisory Committee and the Mayor handed out Certificates to homeowners who have maintained and rebuilt older homes in the Township. May is known as preservation month in preserving and maintaining our heritage.

 

Mr. Cramond presented the awards to the following:

 

1.      David Thompson & Joscyln Field of 4 Mapledale Avenue, Succasunna, built in 1910.  Known as the Charles W. Hicks House. (Owners not present).

2.      Richard Bearse & Dale Julian of 90 S. Hillside Avenue, Succasunna, built in 1884.  Known as the Issac H. Alward House. (Owners not present).

3.      Song How Que (presently living in Flushing N.Y., moved February of 2005) of 103 Kenvil Avenue, Kenvil of Known as the Wills Elsdin House. (Owner not present).

4.      Kevin Rossi of 314 Center Street, Port Morris, built 1875.  Known as the Waters B. Day House. (Owner present and accepted his award).

5.      Gail & Kathleen Culligan of 200 Center Street, Port Morris, built in 1740.  Known as the Bott House. (Owners present and accepted their award).

 
Mr. Cramond invited the members of the Council along with the Township Manager, Attorney and Clerk to come to the Open House this Saturday, May 14, 2005. All of the homes will be on display at 10:00 a.m.   The Morris Canal Greenway Master Sign will be dedicated at Morris Canal Park.

 

Mayor Zoschak amended the Agenda to the Public Portion (#8)

 

Mike Roman

15 Canal St

Port Morris

 

Mr. Roman stated he was at a meeting in April and wants an update on road repaving on Canal Street.  Mr. Raths commented that the Assistant Engineer and Engineer have an idea how to improve drainage and they will contact him tomorrow.

 

Kathy DeFillippo

14 Deer Lane

Succasunna

 

Ms. DeFillippo stated that she was at the Berkshire Valley Lacrosse field and she stated she heard a lot of criticism about parking in that area from residents and they had many concerns about parking. Residents also asked if the walkway could be fixed in that area. Mayor Zoschak stated we could look into that.

 

Robert Church

256 Eyland Avenue

Succasunna

 

Mr. Church questioned the current status on the Railway and distribution in Berkshire Valley.  Mr. Raths stated Morris County was sent a second letter from the Township in regards to the lease. Mr. Church stated they had a flat car with lumber on it just the other day.

 

At 7:50 p.m. the Mayor amended the agenda to Executive Session (#4)

 

Mr. Rilee made a motion to move 05-158 for adoption.  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 ? 0

 

EXECUTIVE SESSION

05-158  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.

 

At 8:30 p.m. Council returned to the Regular Session.

 

INTRODUCTION OF 2005 MUNICIPAL BUDGET

05-159  A resolution authorizing the Township of Roxbury to conduct the annual budget examination.

 

Mr. Raths handed out a Budget Revision Summary, which he stated Lisa Palmieri, Chief Financial Officer prepared today.  The Budget recommends a 4.7% increase.  Mr. Raths stated that the Council was able to take out another $120,000.00 in the Budget.  Mr. Raths went on to state however that when the Budget was being revised the Township was hit with several snow and ice storms and we had to put the $120,000.00 back into the budget to cover the cost for snow and ice removal. 

 

Mr. Bucco  advised that Manager that there is an error on page 2 of the Agenda for Resolution 05-159 ? ?In the third paragraph it should state the year 2005 not 2002.

 

Ms. Urgo made a motion to move 05-159.  Mr. Ciaramella seconded the motion.

 

 

 

Roll Call:       Ms. Urgo ? yes                                Mr. Ciaramella ? yes

                        Mr. Hall ? yes                                   Mr. Rilee ? yes

                        Mr. Schmidt ? yes                           Ms. Smith ? yes

                        Mayor Zoschak ? yes

 

 

 Mr. Rilee commended Mr. Raths for doing an excellent job on the budget.  Mr. Rilee stated that this is a difficult task to perform and that we did not get any new tax ratable for this year.  There is no where else to cut unless we cut services and programs.

           

Motion carried 7 ? 0

 

05-160  A resolution to introduce the 2005 Municipal Budget.

 

Ms. Urgo made a motion to adopt 05-160 for discussion.  Mr. Ciaramella seconded the motion.

 

Roll Call:       Ms. Urgo ? yes                                Mr. Ciaramella ? yes

                        Mr. Hall ? yes                                   Mr. Rilee ? yes

                        Mr. Schmidt ? yes                           Mr. Smith ? yes

                        Mayor Zoschak ? yes

 

Motion carried 7 - 0

 

Mr. Smith stated he found this to be painful and felt the Council was forced into cutting. Mr. Smith stated he would have felt better if the Budget  was lower, but finds this a responsible budget.

 

Mayor Zoschak stated that after 27 years in private business that government is a lot different than the public sector.  The Mayor also stated that this is a responsible Budget with no services being cut.

 

Ms. Urgo gave Mr. Raths a lot of credit for the job he did on the budget.

 

Mr. Raths stated that the Department Heads along with Lisa Palmieri  have done a great job in helping with the budget.  Mr. Raths went on to state that in the past four years he has eliminated   nine positions within the Township, with no layoffs.  Mr. Hall asked Mr. Raths if he could compare our Township to neighboring Municipalities in regards to increases.  Mr. Raths stated that Mt. Olive is up 5 - 10 points, Jefferson is up 9.9 points, Netcong is up 8 points, Morristown is up 3.3 (due to Morristown Memorial), Hanover Township is up 3.7 points and Dover is up 21 points. In comparison Mr. Raths stated we are very competitive.

 

PRESENTATIONS ? Previously discussed

A.      Roxbury Rotary Club

B.     Historical Advisory Committee

 

APPROVAL OF MINUTES

March 29, 2005           Workshop - HOLD

March 29, 2005           Executive Session - HOLD

April 12, 2005              Regular

April 12, 2005              Executive Session

 

Ms. DeCroce stated that March 29, 2005 Minutes (Workshop & Executive) are on hold and they will be completed by this Friday, May 13, 2005.

 

Mr. Rilee made a motion to move April 12, 2005 Regular & Executive Session Minutes.  Mr. Schmidt seconded the motion.

 

Roll Call:       Ms. Rilee ? yes                                Mr. Schmidt ? yes

                        Mr. Ciaramella? yes                       Mr. Hall ? yes

                        Mr. Smith ? Abstain                        Ms. Urgo ? Abstain

                        Mayor Zoschak ? yes

 
 
Motion carried 5? 0 with 2 Abstentions
 
PUBLIC PORTION ? Previously discussed.

 

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.      Historical Advisory Committee:  un-expired term of George Wein (1/1/04 > 12/31/07). On hold until next meeting.

                              iv.      Raritan Compact ? Tim Smith volunteered to be on this Committee.

                                 v.      Main Street Committee: 1 member of the Library Board of Trustees, 1 member of the Historic Advisory Committee, 2 merchants from Main Street, 1representative from each of the churches, 1 resident at large, 2 residents of the effected portion of Main Street, 2-year term.

 

Council discussed who was appointed to the Main Street Committee:

 

1.      Jean Hall ? Member of the Library Board of Trustees

2.      OPEN AT THIS TIME ? Historic Advisory Committee

3.      Dr. Tighe ? Merchant from Main Street

4.      Peggy Keifer ? Merchant from Main Street

5.      Sue Anderson ? Member of Presbyterian Church

6.      Tria Larmond ? Resident at large

7.      Andre Verge ? Resident of the effected portion of Main Street

8.      Mr. Rogers ? Resident of the effected portion of Main Street

9.      John Ciaramella ? Council Member

10.  Jim Rilee ? Council Member

11.  Sandy Urgo ? Council Member                                                  

 

Mr. Rilee made a motion to appoint the members to the Main Street Committee.  Ms. Urgo seconded the motion.

 

 

Roll Call:       Ms. Rilee ? yes                                Ms. Urgo ? yes

                        Mr. Ciaramella? yes                       Mr. Hall ? Abstain

                        Mr. Schmidt ? Yes                          Mr. Smith ? Yes

                        Mayor Zoschak ? yes

 
 
Motion carried 6 ? 0 with 1 Abstention

 

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

 

Mr. Smith stated that neighboring communities have Township mottos.  Mr. Smith stated that   Shaun Adamo brought this to his attention and thought we should have one.  Mr. Rilee stated it should be presented to the school. Ms. DeCroce suggested to go to Mr. Dennis Mack, Superintendent of the Schools.  Mr. Raths suggested that we should have a mission statement that reflects the Township.  Ms. Urgo questioned if we only want kids to respond.  Mr. Raths stated that he will check how other surrounding communities handled it and he will get back to Council with the results right away.

 

Mr. Smith commented on Open Space and stated that the Castellana Tract has closed and the Sweeney tract is near closing. Mr. Smith also stated that Gottdiener Tract is near closing.  Mr. Arminio has vacated the property, along with his equipment.

 

Mr. Bucco stated that the State sent him a letter regarding the Gottdiener Property and asked for changes to be made to the surveys.  Mr. Bucco stated he sent the letter to Mr. Ed Secco, surveyor and he made all the changes that the State wanted. The State then requested six more changes. Mr. Bucco advised that he e-mailed Lisa Palmieri requesting release of the check, but he has not heard from her yet.

 

Mr. Smith stated that the Economic Development Committee met last night and they are making a series of seminars for existing local business owners on topics such as small business financing, working with the Township?s Zoning, Building, Engineering and Finance Departments.  Mr. Smith stated that a representative from the Morris County Economic Development Committee and the State came and spoke. Mr. Smith stated he wants some direction from Council to move forward with our objective to keep small businesses here in Roxbury.  Council concurred.

 

Mayor Zoschak questioned Mr. Smith if anyone from the Economic Development Committee asked about Welcome Signs in Roxbury.  Mr. Smith stated yes they did talk about it but they are waiting to here which signs and how much they will cost.  Mayor Zoschak stated that at this point we may or may not have sponsors.  The Mayor stated he would like to see some of these signs go up on Howard Blvd. and on Route 206

 

Ms. Urgo stated that she tried while on the Planning Board to make the Ledgewood Shopping Center look nice and that the blue signs from the state look inappropriate.  Mr. Raths stated that the state does not want to take them down.  Mr. Raths stated we will talk to the County again about the signs.  Mr. Smith asked why does the state control County Roads. Mr. Raths stated he does not know the answer to that, but he will call the County again on this issue.  Mr. Bucco stated that he has not been asked to look into this situation. 

 

Ms. Urgo stated she received a call from a resident in Kenvil Avenue regarding a project going on in regards to property that abuts his property.  Mr. Raths stated he has talked to this resident numerous times.

 

Mr. Rilee stated he has received a lot of complaints in regards to our two Officers being suspended with pay.  Mr. Rilee asked for an explanation so that the public understands why they are suspended with pay.  Mr. Bucco stated in general that active investigations should not be discussed. This matter is actively being investigated by the Morris County Prosecutors Office.  Mr. Raths stated individuals are suspended with pay until an actual indictment is handed down.

 

Mr. Ciaramella apologized for not attending the Economic Development Committee meeting last night, but he did attend a Rotary Meeting regarding the September 11th Memorial and that $5,000 is being donated to the Township by the Rotary.  Mr. Ciaramella asked Mr. Raths to respond to the Resident in writing in regards to where the Township stands with the deeds on the Sweney Property.  Mr. Bucco stated he will have an Ordinance ready for the May 24, 2005 Council Meeting so we can close on this property.  Mr. Raths stated he will put a letter together for this individual.

 

Ms. Urgo stated she wants to talk about the 9/11 Memorial.  She questioned Council if they are still going to pursue this.  Ms. Urgo questioned as to who is in charge, the Council or Rotary?  Mr. Ciaramella answered that he believes this is a joint venture between the Council and Rotary.  Mr. Ciaramella went on to say that the Rotary is donating money towards the purchase of the 9/11 plaque.  The Committee will meet with Rotary to finalize the monument and get back to Council. 

 

Mr. Ciaramella also stated that he has not heard of any scheduled meeting in regards to the Department of Public Works.  Mr. Ciaramella stated we should schedule one to keep this project going.  Mr. Ciaramella also thanked Mr. Raths for picking up the dead fox on Kenvil Avenue.

 

Mr. Hall thanked Mr. Raths for the repairs in the Gym at the Recreation Center. Mr. Hall also questioned Mr. Raths about the sign on Bryant Drive at the entrance to the High School. He asked that it be put up before Graduation.  Mr. Hall also stated that he had a Recreation Meeting last week and they were going over the Master Plan.  They were looking over all the fields in Town and it will be included in the Master Plan Report once completed.  Mr. Hall commented on the need to get the final punch list on the Bike path.  Dave Stierli has the list and we need to get it done for the State. Mr. Hall also stated that there is a Trails Meeting this Saturday.  Mr. Raths stated he will be attending this meeting along with Mike Kobylarz from Engineering.

 

Mayor Zoschak stated that Thursday, May 26, 2005 will be the next Computer Committee Meeting.  Mr. Hall pointed out that we should make sure that Theresa DeVincentis gets an invitation to attend this meeting.  Mr. Hall stated he spoke to a Verizon representative, Rick Rickett and he stated that Verizon is dropping fiber-optic cables in 70 Municipalities for voice data and video.  Roxbury is not included until May of 2006.  Mr. Hall went on to state that there are big benefits associated with this project.

 

Ms. Urgo stated that the Council previously discussed the sod along the bike path and maintenance issues.  Weed whacking will destroy the posts. Mr. Raths stated that shields will be put on the posts so they do not become damaged.

 

Mr. Smith commented on the Soccer fields at Horseshoe Lake and that work has not been done as of yet.  Mr. Raths stated that he spoke with Ken Rudnick on Thursday of last week and he stated that the work will be getting done on the field.  Mr. Smith also stated that fields are still brown and need irrigation.  Mr. Raths stated that all the fields have been tested and all came back good.  Mayor Zoschak asked if we test and monitor the sprinkler heads and Mr. Raths stated yes.  Mr. Hall commented that the main issue every group has is that you cannot take the fields off line, therefore you can?t do field maintenance otherwise the fields will be in disarray.

 

Mr. Schmidt stated that the next Environmental Commission Meeting is this Thursday night, 5/12/05.  Mr. Schmidt also stated he will be talking to Mr. Ed Kirchgessner in regards to the Memorial and getting plans in motion.

 

Mayor Zoschak thanked Mr. Schmidt for attending The Day of Prayer at Horseshoe Lake in his absence.  Mayor Zoschak also stated that he attended the Crop Work a week ago on the new bike path at Horseshoe Lake.

 

Mayor Zoschak questioned what are the laws regarding the micro-minibikes.  Mr. Raths stated that they are not allowed on the road and if he provides a name he will have an Officer speak to the perpetrators.

 

Mayor announced a break at 9:20.

At 9:30 resumed

 

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

 

A.      Application for Special Permit for Social Affair (SA) June 4, 2005 by Swim and Sport Club.

B.     Application for Special Permit for Social Affair (SA) July 10, 2005 by Swim and Sport Club.

C.     Application for Special Permit for Social Affair (SA) July 17, 2005 by Swim and Sport Club.

D.     Application for Raffles License No. RA: 1245 by St. Theresa Roman Catholic Church.

E.     Request to waive application fees from First Baptist Church.

F.      Letter from Mary Kozoun Miner requesting block party on August 20, 2005.

 
Mr. Rilee made a motion to move A, B, C, D & F.  Mr. Schmidt seconded the motion.
 
Mr. Smith commented on the Swim and Sport Club and stated that they often have various activities and music plays beyond 10:00 p.m.  Mr. Smith stated he phoned the owner of the Club and asked her if the liquor is served until 12:00 a.m., with music playing until that time. The Owner assured Mr. Smith  that was not the case.  Mr. Smith questioned Council if we have some type of Ordinance when the music must stop.  Council advised that we do have a noise Ordinance.  Mr. Raths stated that we have two Police Officers and two employees from the Health Department that are trained in how to measure the noise decibels.  Mr. Smith stated that the noise has bothered him, but he has never phoned the Police to complain.
 
Mr. Rilee amended his motion to include E on the Application.  Mr. Schmidt seconded the amended motion.

 

Roll Call:       Ms. Rilee ? Yes                                Mr. Schmidt ? Yes

                        Mr. Ciaramella? Yes                       Mr. Hall ? Yes, Abstain on B

                        Mr. Smith ? Yes                               Ms. Urgo ? Yes, Recuse on F

                        Mayor Zoschak ? Yes

 
 
Motion carried 7 ? 0 with 1 Abstention on B & 1 Recusal on F.

 

 

INTRODUCTION OF PROPOSED ORDINANCES                                                 

22-05  An ordinance to vacate any and all public rights in and to a portion of Pequannock Road in the Township of Roxbury, County of Morris and State of New Jersey.

 

Mr. Smith moved 22-05.  Mr. Rilee seconded the motion.

 

Ms. Urgo questioned where this property is located.  Mr. Raths stated this is Mrs. Cosgrove?s property and the road was discontinued many years ago, except for her lot.

 

 

Roll Call:       Ms. Smith ? Yes                              Mr. Rilee ? Yes

                        Mr. Ciaramella? Yes                       Mr. Hall ? Yes

                        Mr. Schmidt ? Yes                          Ms. Urgo ? Yes

                        Mayor Zoschak ? Yes

 
 
Motion carried 7 ? 0

 

23-05  An ordinance to vacate any and all public rights in and to a portion of Smith Avenue in the Township of Roxbury, County of Morris and State of New Jersey.  (Information was on dais at the May 3rd Budget Meeting)

 

Mr. Rilee made a motion to move 23-05.  Mr. Schmidt seconded the motion.

 

Ms. Urgo stated that she has concerns about the building?s appearance from Route 46 and that it is only 220 feet from the Towne Toyota building, but 40 feet in height.  Ms. Urgo is not sure if this is a wise move on the Township?s part.

 

Mayor Zoschak state that the Board of Adjustment gave approval and this application was reviewed for over three years.

 

Mr. Rilee stated he thinks this is a good addition.

 

Mr. Hall questioned if the building is actually going to sit on the 50-foot ledge.  Barbara Hyman of 8 Lake Street, Landing stated that the building is going to be 24 feet high. They will be planting trees for a buffer.  Mr. Ciaramella stated that not only our Zoning Board of Adjustment, but also other professionals have given approval for this construction.

 

Ms. Urgo suggested that in the future that something be written for Applicants who will need a road vacated before going through an entire Application and then come to the Town Council.  The Hyman?s stated that they had a meeting with the Planning Board.  Ms. Hyman went on to state that they are going way below the requirement of the Ordinance on the width and height of the building.

 

Mayor Zoschak went on to state how the roof is going to be green to blend in with its surroundings.

 

 

Roll Call:       Ms. Rilee ? Yes                                Mr. Schmidt ? Yes

                        Mr. Ciaramella ? Yes                      Mr. Hall ? Yes

                        Mr. Schmidt ? Yes                          Ms. Urgo ? Abstain

                        Mayor Zoschak ? Yes

 
 
Motion carried 6? 0 with 1 Abstention

 

Councilman Hall questioned what is the correct process in regards to a vacation that needs to take effect.  Mr. Hall believed that this is a function of the Council.  Mr. Bucco stated that there is no requirement by law that the Applicant come before Council first.  What the Board did in this case was appropriate.  The Board stated they would approve this, but one of the conditions is that you have to obtain a vacation of the road.  If the Applicants could not get  the road vacated, then the building could not be built.

 

24-05  An ordinance of the Township of Roxbury providing for the appropriation of funds for various building improvements and equipment and appropriating $44,400.00 from General Capital Surplus.

 

Mr. Rilee made a motion to move 24-05.  Mr. Schmidt seconded the motion.

 

Roll Call:       Ms. Rilee ? Yes                                Mr. Schmidt ? Yes

                        Mr. Ciaramella ? Yes                      Mr. Hall ? Yes

                        Mr. Schmidt ? Yes                          Ms. Urgo ? Yes

                        Mayor Zoschak ? Yes

 
 
Motion carried 7? 0

 

HEARING AND ADOPTION OF ORDINANCES ON SECOND READING

21-05  An ordinance amending Ordinance No. 16-04 authorizing the acquisition of certain real property known as Block 5901, Lot 1, more commonly known as 136A Emmans Road, in the Township of Roxbury, County of Morris and State of New Jersey. (Castellana).

 

Ms. Urgo stepped down from the dais.

 

Mr. Schmidt moved to open 21-05 to the Public.  Mr. Rilee seconded the motion.

 

Roll Call:       Ms. Schmidt ? Yes                          Mr. Rilee ? Yes

                        Mr. Ciaramella ? Yes                      Mr. Hall ? Yes

                        Mr. Schmidt ? Yes                          Mayor Zoschak ? Yes

 
Motion carried 6? 0

 

There was no public input.

 

Mr. Smith made a motion to close 21-05 to the Public.  Mr. Rilee seconded the motion.

 

Roll Call:       Ms. Smith ? Yes                              Mr. Rilee ? Yes

                        Mr. Ciaramella ? Yes                      Mr. Hall ? Yes

                        Mr. Schmidt ? Yes                          Mayor Zoschak ? Yes

 
Motion carried 6? 0

 

Mr. Hall made a motion to adopt 21-05.  Mr. Smith seconded the motion.

 

Roll Call:       Ms. Hall ? Yes                                  Mr. Smith ? Yes

                        Mr. Ciaramella ? Yes                      Mr. Rilee? Yes

                        Mr. Schmidt ? Yes                          Mayor Zoschak ? Yes

 
Motion carried 6? 0

 

Ms. Urgo returned to the dais at this time.

 

INTRODUCTION AND ADOPTION OF RESOLUTIONS                                        

05-161  A resolution incorporating by reference herein and approving the following numbered resolutions listed on the regular council meeting agenda for this date: 05-162, 05-163, 05-164, 05-165, 05-166, 05-167, 05-168, 05-169, 05-170, 05-171, 05-173, 05-174, 05-176, 05-177

 

Mr. Rilee made a motion to adopt Resolution 05-161.  Mr. Smith seconded the motion.

After discussion, Mr. Rilee amended his motion to pull Resolutions 05-172 & 05-175.  Mr. Smith seconded the amended motion.

 

Roll Call:       Ms. Rilee ? Yes        Mr. Smith ? Yes

                        Mr. Hall ? Yes           Mr. Ciaramella ? Yes, Recuse on ck #35699                                        Mr. Schmidt ? Yes  Ms. Urgo- Yes, Recuse on ck #35701              

Mayor Zoschak ? Yes

 
Motion carried 7? 0 with 2 recusals
 

 

05-162  A resolution authorizing the acceptance of a Performance Bond in connection with Tree Permit approval of a minor subdivision for Rainbow Management located on Emmans road/Pleasant Village Drive, Block 4102, Lot 2.

 

05-163  A resolution authorizing the release of a Performance Guarantee posted by Ronetco Supermarkets for site improvements related to the Ronetco / Home Depot site plan located in Roxbury Mall, Block 5004, Lots 3 & 4 and the acceptance of a bond for the patching of pavement in said mall.

 

05-164  A resolution authorizing the award of a contract to Statewide Sanitation Services Corporation at the Municipal building and Police Station.

 

05-165  A resolution requesting the Morris County Board of Chosen Freeholders return surplus funds to local municipalities.

 

05-166  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.

 

05-167  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.

 

05-168  A resolution authorizing the acceptance of a cash bond in connection with the approval of a tree permit for site plan for Roxbury 2002, LLC located on Route 46, Block 9501, Lot 9.

 

05-169  A resolution authorizing the acceptance of a cash bond for soil relocation for Roxbury 2002, LLC located on Route 46, Ledgewood, Block 9501, Lot 9.

 

05-170  A resolution amending the membership of the township fire department.

 

05-171  A resolution authorizing the release of a Performance Guarantee posted for Right-of-Way Excavation Permit No. SEP1704, David Barmore, 4 Honeyman Dr., Succasunna, NJ.

 

05-172  A resolution authorizing the refund of unused Engineering Inspection Fees to Legends Harley-Davidson, L.L.C., 1895 Route 46 West, Ledgewood, NJ  Block 9501, Lot 13 ? PULLED -  Mr. Bucco stated he did not receive the deeds as of yet.

 

05-173  A resolution authorizing the release of a Performance Guarantee posted for Right-of-Way Excavation Permit No. July 0604, Mark Schmidt, 15 Honeyman Dr., Succasunna, NJ.

 

05-174  A resolution authorizing the release of a Performance Guarantee posted for Right-of-Way Excavation Permit No. AUG1004A, Martin and Christine Vernon, 6 Glenn Dr., Flanders, NJ.

 

05-175  A resolution authorizing the award of a Professional Engineering and Subcontractor Services Contract to Hatch Mott MacDonald for the 72-hour pump test, hydrogeologic evaluation and permitting for the Pine Street Well ? PULLED ? Mr. Rilee questioned Mr. Raths about the fees.  Mr. Raths stated he would look into it.

 

05-176  A resolution authorizing the Mayor to enter into an agreement for matching funds to the New Jersey Department of Environmental Protection for preparation of Off-Road Vehicle (ORV) Use Environmental Education Materials. 

 

05-177  A resolution authorizing payment of bills.

 

PERSONNEL CHANGES

None

 

COMMUNICATIONS

May 6, 2005

 

#4  Correspondence from Lucy Voorhoeve, Executive Director of COAH to Mayor Zoschak dated April 26, 2005 re: Updated Service List ? Mr. Bucco stated he is working with Russell Stern on preparing an updated list.   Ms. Urgo stated she and the late Thomas Vickery worked hard on this and used Denville as a model.  Ms. Urgo would like for anyone who is interested in low to moderate-income housing would send a letter to the Township indicating so.  Ms. Urgo would like to inform Roxbury residents who qualify for this and she would like for it to get done.

 

#8  Correspondence from Douglas Zellman, Chairman of the Lake Musconetcong Regional Planning Board to Surrounding Mayors dated April 29, 2005 re: Annual Mayors? Canoe Race to be Held on Sunday, June 12, 2005 - Mayor wants someone on June 12 to participate in the canoe race.  Mr. Raths stated that Dave Stierli would supply the canoe for the race.  Councilmen John Ciaramella and Martin Schmidt will be participating.

 

#9  Correspondence from Thomas Tanico, Project Manager of of the Louis Berger Group to Mr. Joseph Maher, Site Manager, NJDEP ? Division of Remediation Management & Response Bureau of Design & Construction dated April 27, 2005 re: Fenimore Sanitary Landfill, Morris County, N.J., Draft Immediate Environmental Concern Assessment Report Term Contract For Landfill Closure Design Services Contract No. A-50106 ? Councilman Rilee stated we have concerns. Mr. Raths stated Frank Grisi is working on this. Mayor Zoschak stated that readings haven?t been done in 15 years. We need answers.

 

#10   Correspondence from Christopher Raths, Township Manager to Mr. Larry Ashley dated April 29, 2005 re: Farming the Gottdiener Property ? Councilman Hall questioned Mr. Raths if Mr. Ashley understands that farming is permitted just for this year.  Mr. Raths stated yes.

 

#12   Correspondence from William S. Hose, Section Chief, Bureau of Southern Case Management ? State of N.J.D.E.P.  to Shell Oil Products, U.S. c/o Buddy Bealer dated February 8, 2005 re: Shell Service Station, 195 Lakeside Blvd. & Center St., Landing ? Ms. Urgo stated we need someone to review these documents on behalf of the Township, and tell us of any action we should be taking.  Mr. Raths stated we have sent a letter stating that they are responsible if anything happens and Mr. Grisi is in contact with the D.E.P.  Ms. Urgo wants someone appointed to check into this matter.  Ms. Urgo suggested Thomas Grau or any one else to check the well contamination.  Mr. Raths stated we have received all the reports in a timely fashion.

 

#14    Interoffice Memo from Michael Kobylarz, Township Engineer/Director of Public Works to Christopher Raths, Township Manager dated April 28, 2005 re: Skyview Wastewater Treatment Plant, Decommissioning Project - Mayor Zoschak commented  that the whole 10% contingency plus some was used.  Mr. Raths stated it wasn?t written well.  Ms. Urgo stated 2.2 million. Is the bond going to cover it? Mr. Raths stated yes, the bond would cover it. Councilman Smith stated the letter is confusing.

 

#16  Mayors Fax Advisory from William G. Dressell, Executive Director of NJLM dated May 3, 2005 re: A-3335, Changes to Business Retention Act ? Mayor Zoschak stated we should oppose this bill.  Ms. Urgo stated we need to write a letter to Senator Bucco.  Ms. DeCroce stated she would write the letter to Senator Bucco.

 

#18  Notice of Recreational Opportunities for Individuals With Disabilities ? 2006 Grant Application - Councilman Hall commented the Township has the opportunity and we may be able to help out. Ms. Urgo stated that we have one grant application for a handicap playground and she has not heard yet if it has been awarded.  Mr. Raths stated we don?t always get noticed if we got any funding and he has not heard anything as of yet.

 

#28  Fax Correspondence from Glenn Schweizer, Executive Director of Morris County Municipal Utilities Authority to Mr. Christopher Raths, Township Manager dated May 3, 2005 re: Farley Property ? Councilman John Ciaramella stepped down on this issue.  Ms. Urgo stated we need to answer him and questioned if this is legal?  Mr. Raths stated he would call Glenn Schweizer to discuss.

 

Councilman John Ciaramella returned to the dais

#29  Interoffice Memo from Tom Potere, Zoning Officer to Christopher Raths dated May 5, 2005 re: Removal of Temporary Signs - Mayor Zoschak stated we should fine the people that do not pick up their signs. Ms. Urgo stated they should be fined or they will continue to put up signs.  Mr. Bucco stated he would research this issue.

 

 

 

 

 

 

PUBLIC PORTION

 

Dennis Wine

4 Holly Drive

Succasunna

 

Mr. Wine stated that Mr. Raths did a good job on the Budget.  Mr. Wine questioned about the current situation with the Police Officers involved in the gambling raid and if gambling is a good idea to promote in the Fire Houses.  Mr. Bucco stated that they have no authority for the Fire Departments to have any gambling activities at the Fire Houses.  Mr. Bucco stated that there is no evidence or indication that any gambling has taken place in the Fire Houses in Roxbury Township.  Mr. Wine also questioned if the Tax Payers are getting stuck to defend these Police Officers.  Mr. Raths stated no we are not defending them. Mr. Wine also questioned Mr. Raths on these two positions having to be filled now.  Mr. Raths stated it is not as bad as he anticipated.

 

EXECUTIVE SESSION

05-178  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. Ciaramella made a motion to adopt Resolution 05-178 for Executive Session.  Mr. Smith seconded the motion.

 

Roll Call:       Ms. Ciaramella ? Yes                     Mr. Smith ? Yes

                        Mr. Hall ? Yes                                   Mr. Rilee - Yes                                                                      Mr. Schmidt ? Yes                          Ms. Urgo- Yes                     

Mayor Zoschak ? Yes

 
Motion carried 7? 0

 

At 11:15 PM Council returned to the Workshop Meeting.

 

05-179  A Resolution Authorizing the Township Manager to Enter into a Contract with                         Morris Land Conservancy (MLC) to Secure a Limited Appraisal of one Property

 

Mr. Smith made a motion to adopt Resolution 05-179.  Mr. Rilee seconded the motion.

 

           Roll Call:         Mr. Smith ? yes                                Mr. Rilee ? yes

                                    Mr. Ciaramella ? yes                        Mr. Hall ? yes

                                    Mr. Schmidt ? yes                            Ms. Urgo ? yes

                                    Mayor Zoschak - yes                                                                                                

 

ADJOURNMENT
At 11:40 PM Mr. Schmidt made a motion to adjourn the Workshop Meeting.  Mr. Rilee seconded the motion.

 

ALL IN FAVOR - YES

 

 

 

 

 _________________________

BettyLou DeCroce

Township Clerk          

MINUTES APPROVED BY COUNCIL

DATE:                         August 9, 2005

ROLL CALL:              Mr. Rilee ? yes                      Mr. Ciaramella ? yes

                                    Mr. Hall ? yes                         Mr. Smith - yes

                                    Ms. Urgo ? yes                      Deputy Mayor Schmidt - yes