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                        January 11, 2005                           

 

A Regular Meeting of the Township Council of the Township of Roxbury was held on January 11, 2005 at 7:30 PM at 1715 Route 46 Ledgewood, New Jersey.

 

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, Martin Schmidt, Jim Rilee, Tim Smith and Mayor Richard Zoschak

 

ALSO PRESENT:  Christopher Raths, Township Manager; Anthony Bucco, Township Attorney; and BettyLou DeCroce, Township Clerk

 

Presentations

 

A.      Capital Budget (separate cover)

 

Mr. Raths gave a presentation on the 2005 to 2010 Capital Budget. Ms. Palmieri, Chief Financial Officer,  was unable to attend the meeting as she was ill. 

 

Mr. Raths outlined the Capital Budget as follows:

 

CAPITAL BUDGETS: FOUR OBJECTIVES

 

1ST OBJECTIVE

1        Meet the capital needs of the Township.

2.    Minimize debt while meeting the needs.

·         Total Capital Value of Township $35,000,000

·         Annual Capital Investment $1,100,000

·         Re-capitalization 3.1%

 

  3.     Current R1.1 Million cap creates inability to fund larger capital

            projects now or later e.g. Fire Truck.

4.       Capital needs stabilized at $1.5M per annum.

5.       Following graphs detail impact at $1.5M.(Graphs were attached)

 

 

2ND OBJECTIVE

                           1.     Continue Vehicle replacement/rotation.

·         Revised to cycle light trucks through sewer/water departments

On a five (5) year basis.

·         Vehicle Cycle Program – Police Department

·         Vehicle Cycle Program – Utilities

 

3rd OBJECTIVE  

   1.     Close out old ordinances.

·         Not expended in 3+ years

·         Closed out of Capital Fund $10,000

 

 

4th OBJECTIVE

                            1.     Fiscal prudence.

·         Reflects $1,200,000 reduction from departments’ revised

·         Requests excluding water and sewer

·         Total estimates debt issued reduced by $430,000 from

previous year’s request

·         Amount financed $1,101,362.

·         Does not include fire apparatus.

 

In Mr. Raths discussions he provided summary costs of the objectives.  Also Mr. Raths outlined the objectives in Information Technology, Engineering (2004  Completed projects), Eyland Avenue-Phase III, Emmans Road-Phases 2A & 2B, Resurfacing of Emmans Road Sections 2A & 2B extended and worst sections, Shore Hills Phase I (Williams Road, Bernard Road, Day Road, Rebecca Court), Previous years’ projects still pending include; DPW Facility, Eyland Place (drainage and road improvements), Mooney Road improvements, Canal Street, Port Morris-drainage and road improvements, Main Street, Port Morris-drainage and road improvements. 

 

Mr. Raths outlined the Engineering 2005 Project, which include completion of Main Street, Port Morris drainage, Ezra Place & Steffani Place(roadways, sidewalk and accessible ramp improvements in Shore Hills area Phase II)  Additional 2005 Projects include, continue Eyland Avenue Phase III & Phase IV projects, Eyland Place/Railroad Avenue resurfacing, Conkling Road drainage and resurface, Reger Road reconstruction, Mooney Road widening and resurfacing.

 

Mr. Raths outlined projects for Building and Grounds, Replace Town Hall trellis, replace 20-year old AC unit in Court Room, new carpeting for Police Department, improve entrance to Horseshoe Lake Recreation Facility.  Additional 2005 Project for Building & Grounds included, Community Center Traffic Control.

 

Safety and Fire Prevention, Fire Dog Robot/House request is contingent upon grant award.  Request for safety trailer is contingent upon grant award, request for vehicle replacement 2005 - $50,000 and request for vehicle replacement 2006 - $28,000.

 

Fire/First Aid Department, Replace Engine 102, 1986 E-One 1500 GPM Pumper, average annual maintenance cost past 7 years - $1,351, estimated replacement cost for transmission = $13,000 to $15,000, 2004 Calls annualized = 296.  Unable to fund within $1.1 M objective.

 

Fire Department reasons for replacement with Rescue/Pumper, enclosed cab needed to meet NFPA Safety standards, transmission problems lead to loss of water at scene, pump panel relocated for safer operation, LED lighting increases visibility and lower maintenance costs, integrated foam cell, increased cabinet space to accommodate equipment, combination of 2 vehicles into one: rescue and pumper, six-man enclosed cab for required firefighting 12-in/2-out, lower hose bed and new ladder rack.  All equipment from existing engines will be placed on the new engine. (Engines 102 and 105 will be traded for estimated value of $50,000.)

 

Police Department, breathalyzer for $5,000. 

 

The Road Department was discussed with replacement of vehicles and a rotation schedule.  Also, the Road Department will continue universal roadway maintenance, drainage, Meadow Avenue, Third Street, Ballentine Street, Sidewalk Maintenance, slab jacking & replacements according to hazard, Line Striping, cross walks, stop bars, legends, center lines.  Supplement other improvements not provided by the Road O/E budget such as section repair of certain roadways.  Road Department – target for replacement, replace one 12-year old 6-yard dump truck, 70,000 miles, replace 1995 P/U with a mason dump to more efficiently mange road repairs.

 

Sanitation/Recycling, target for replacement is 1994 25 yd. Packer with 63,500 miles.  Included in this presentation was the sanitation recycling rotation to the year 2010.

 

Health & Animal Control vehicle rotation schedule was included in the presentation.

 

Park/Recreation rotation schedule was reviewed.  Recreation 2005 – Pending projects included to continue programs to improve all park facilities over the next several years.  Parks Master Plan Committee is finalizing report, which will include capital expenditures in 2006 for Council Review, turf mower will enhance conditioning of 18 athletic fields by grooming and preparing for games.

 

The Library replacement schedule to 2010 was presented and discussed.

 

Municipal Court replacement schedule was discussed and also the necessity to replace the original recorder.

 

Mr. Raths continued to discuss minor capital equipment in various departments.

 

Sewer Utility capital purchases through 2010 were discussed.  Sewer Utility target for replacement is the 98 Utility Truck with 46,400 miles.  This vehicle will be transferred to the E&R Department as a service truck for on road repairs and will be further equipped with tools and an air compressor. Sewer Utility – facility Improvements, paving Ajax Driveway, improving appearance of pump station facilities.

 

Water Utility ten-year replacement and capital items were discussed.  The Water Utility Roads- 1998 Backhoe, Water Department 1988 Ford Road Department,1991 Case 680 5,287 hrs., 98 Utility Truck 77,500 miles.

 

Mr. Raths summarized the Capital Budget for 2005.

 

Ms. Urgo stated that she would like to see these items discussed at a future meeting.

 

Mr. Smith questioned the 1.1 million a year and whether that is enough funding.  Out of a $35,000,000 plant, 3.1% suggests that the average life of what we are spending is approximately 33 years.  Mr. Smith further questioned if we have anything that is really a 33-year replacement life.  Mr. Raths responded, this building and 72 Eyland Avenue, but none of the equipment.  The sewer and water system along with roads may exceed a 20-year life expectancy.   In theory what should be the rate that we would be paying down and replace items in an appropriate cycle.  Mr. Raths stated that he can do a re-capitalization program based on the life expectancy for vehicles and equipment, the life expectancy on roads is a little difficult.  Mr. Raths stated that he would look at other communities as well pertaining to the life expectancy.  Mr. Smith stated he would like to know what other communities are doing.

 

Councilman Fred Hall stated that last year we had a Traffic Committee and there were a number of recommendations that were put forth.  Mr. Hall asked Mr. Raths if any of the funding for the high targeted areas are included in this budget.  Mr. Raths stated that he would refer this question to Mr. Blood and get back to Mr. Hall.

 

Councilman Hall also stated that he agrees with the replacement policy.  Mr. Hall would like a more detailed IT replacement list showing exactly what we are replacing.  Also he would like to see a detailed list of every single item being replaced and the need.  Mr. Raths stated that he believes the report from Mr. Kunken included the age of the PC’s.  Mr. Hall stated that it does reflect the age but, he would like to know the exact PC’s that are being replaced.

 

Councilman Hall questioned the guardrail on Berkshire Valley Road.  Mr. Raths stated that it has already been replaced.

 

Councilman Hall also questioned the fact that there is a large hole in the wall at the Recreation Building.  Mr. Raths stated Mr. Stierli is already taking action on that repair.  Further Mr. Raths stated that the entire exterior of the building needs to be re-stuccoed and in the near future you will be hearing about the cost to complete.

 

Mr. Hall also stated that he knows Rotary is doing a wonderful job and will be putting up a building on our behalf, which he believed would be taking place in the year 2005.  Mayor Zoschak responded that they should be starting on the building in March.  Mr. Hall questioned if they need any funding or help?  Mr. Raths stated that the township has met with them on several occasions and they are ready to go.

 

Mr. Ciaramella had no comments at this time pertaining to the Capital Budget.  He will defer questions when the budget is discussed.

 

Mr. Schmidt had no comments at this time pertaining to the Capital Budget.  He will defer questions when the budget is discussed.

 

Councilman Smith stated, with respect to the fire truck, that he would like to get a sense for how much it would cost yearly, because we are going to purchase it at some point and  he would like to know what the marginal cost would be to add to this year.  Mr. Raths questioned if he would like an inflationary cost as well as the monthly cost.  Mr. Smith stated yes, that we would need the down payment and what would the annual payments cost for the remaining years.  Mr. Smith stated that he would want to hear from Chief Hayowyk regarding the safety issue as he sees it for the firefighters.   Chief Hayowyk was present and stated that they would be prepared to provide that information.  

 

Councilwoman Urgo had concerns with the Water Department budget.  Ms. Urgo stated that the Water Committee has not had any discussion on many of these items.  Ms. Urgo stated that almost every year the water committee talks about the need to increase the water rates and every other year we actually bring it to Council to review for an increase.  Council does not want to increase the rates and the cost keeps going up.  Water rates are in a worse situation then the tax rate.  Ms. Urgo stated that she was not certain if the water department needs to spend $40,000 on a backhoe.  Ms. Urgo stated that she would like to discuss it further in the future.  Mr. Raths stated that the Water Committee is having a meeting on Friday, January 21, 2005 and this could be discussed further.  Ms. Urgo stated that the sewer department can probably afford the recycling of vehicles, but she is not sure the Water Department can afford this cost at this time.   

 

Councilman Rilee stated that the rotation of vehicles is going to eventually cost the Township money, so we should be cognitive of the situation when deciding to move a used vehicle to another department.

 

APPROVAL OF MINUTES

September 7, 2004     Regular Meeting - HOLD

September 7, 2004     Executive Session -  APPROVE

September 28, 2004   Executive Session -  APPROVE

October 12, 2004        Executive Session, Res 04-348 - APPROVE

October 12, 2004        Executive Session, Res 04-354 – HOLD

October 12, 2004        Regular Meeting –   HOLD

December 6, 2004      Regular Meeting - APPROVE

December 6, 2004      Executive Session - APPROVE

December 14, 2004    Executive Session - APPROVE

December 14, 2004    Workshop Meeting -  NEXT AGENDA

 

Ms. Urgo questioned the date of the Hercules explosion as in the minutes it reflects September 12, 1940 and the communication package with regard to the plaque stated September 11, 1940.

Mr. Reed was in the audience and confirmed it was September 12, 1940.  Mr. Raths stated that the plaque is wrong and he will make sure the correct date is provided for changes.

 

Ms. Urgo made a motion to approve the minutes.  Mr. Smith seconded the motion.

 

Ms. Urgo questioned the September 28, 2004, Executive Session.  Mayor Zoschak stated they were revised already.  Ms. Urgo wanted it to reflect what the majority felt.  Mr. Bucco stated that on the October 12, 2004, Executive Session Resolution 04-354 -  third paragraph, fifth line down, after 20%, it should state set aside for low and moderate income housing and 80%  market units.  Ms. Urgo stated continuing on that sentence, it should state,  a majority of Council.  Discussion ensued pertaining to specific changes on some of the minutes.   Mr. Smith stated on those specific minutes Mr. Bucco and Mr. Germinario gave opinions in respect to the matter and those opinions are not reflected in the minutes.  Ms. DeCroce and Mr. Bucco stated that the minutes are not done verbatim.  Mayor Zoschak stated that minutes are not verbatim and are not meant to be.   Mr. Bucco stated that it is very difficult to put into Executive minutes the opinion and it is hard to put it in distinctly because in the course of delivering their opinions they touched on a number of different items to build up to that opinion.  In order to get to that you would need to prepare verbatim minutes.  Mr. Smith stated we could put, “based on the Counsel’s opinion”.  Mr. Hall agreed with Mr. Smith.  Mr. Bucco stated that we could change it to reflect as follows: “A majority of the Council based on the attorneys findings and opinions  would like …..”

 

Discussion ensued pertaining to minor changes in the minutes.

 

Ms. Urgo stated on the October 12, 2004, Mr. Wine made strong comments that he was urging the Council to fight it.

 

Ms. Urgo agreed to remove her original motion and Mr. Smith withdrew his motion.

 

Ms. Urgo stated that she had additional corrections on the minutes.

 

Mayor Zoschak stated that in the future as discussed many times, changes have to be given on any minutes prior to the meeting.  If they are not and the majority approves the minutes as prepared then they will be voted on.

 

Ms. Urgo stated that on the  December 6, 2004, minutes, page 4 (regular) the resolution was corrected and handed out that evening with corrected title, it does state that Mr. Raths will provide the changes to the Clerk’s office.  The title should be changed to the resolution that was adopted 04-19.   Page 5 list of eligible - #26 communications - should say list of eligible projects instead of properties.  Mayor Zoschak asked Mr. Raths if that is correct, because that it is his correspondence.  Mr. Raths responded yes.

 

Ms. Urgo made a motion to approve September 7, 2004, Executive Session, September 28, 2004 Executive Session, October 12, 2004, Executive Session Resolution 04-348, December 6, 2004 Regular, December 6, 2004 Executive Session, December 14, 2004 Executive Session.  Mr. Smith seconded the motion.

 

September 7, 2004 Regular – Hold

October 12,  2004 Executive, Resolution 04-354 - Hold

October 12, 2004 Regular – Hold

December 14, 2004 Workshop Hold next meeting

 

ROLL CALL:  Ms. Urgo – Yes                         Mr. Smith – Yes

                        Mr. Ciaramella – Yes                          Mr. Hall – Yes

                        Mr. Rilee – Yes, Abstain on 9/7/04      Mr. Schmidt – Yes

                                           Executive Session

                        Mayor Zoschak – Yes

 

Motion carried 7 to 0 w/1 abstention on 9/7/04 Executive Session   

 

PUBLIC PORTION

 

Cliff Reed

Dell Avenue

Kenvil

 

Mr. Reed stated that he appreciates all the work the Township is doing and is proud to live here. Mr. Reed also complimented the work the Township is doing to place a memorial for the Hercules explosion in the 1940’s.

 

 Mayor Zoschak asked Mr. Raths to confirm the actual date because he felt that the plaque is incorrect.

 

Peter Hefferen

Succasunna

 

Mr. Hefferen stated that he would be willing to help in anyway he can with the Hercules Plaque.

 

 

REPORTS OF COUNCIL LIAISON REPRESENTATIVES, COUNCIL COMMITTEES AND NEW BUSINESS/OLD BUSINESS

A.      Procurement Policy – Mr. Bucco stated that it is being worked on to present to Council.

 

B.     Hercules Monument -  Discussion ensued pertaining to the placement of the monument.  Mr. Raths will check the spelling and date on the plaque.  Council felt that the date was incorrect.

 

 

C.     2005 Appointments -  Mayor Zoschak  stated that there is a position on the Planning Board open as of this date.  Mayor Zoschak appointed Michael Shadiack as the Class 2 member of the Planning Board for a term from 1/1/05-12/31/05.  Councilwoman Urgo objected to the appointment as she felt  it unwise due to ongoing litigation with the law firm by which he is employed .  Mayor Zoschak stated that the Township Attorney and the legal firm that Mr. Shadiack works for agreed that  the potential for a conflict is not of a disqualifying nature prohibiting him from serving on the Planning Board.  Mr. Shadiack can recuse himself on a case by case basis.  Ms. Urgo wanted her objection noted.  The Clerk will send an oath of office to Mr. Shadiack and advise the Planning Board.

 

 

MATTERS REQUESTED/REFERRED BY COUNCIL

 

Councilman Smith stated that there will be an Open Space meeting next week.  Mr. Smith further stated that the Polizzi Property has closed.  The Sweney Property is moving towards a closing shortly.  Mr. Smith asked the Township Attorney, Tony Bucco if the Gottdiener Property would close by the end of the month.  Mr. Bucco stated that it might not close by the end of the month, but possibly within the first quarter of this year.  Mr. Smith also advised Council that the Chopra property did not receive County funding.  We are still looking at the Chopra property to identify access.   Mr. Smith stated that they are working on the pedestrian easement on the AT&T property.  Mr. Raths stated that a letter is being sent by 2/15/05 and maps are being prepared.  Also Mr. Raths stated that the ROSI list would be completed by the first meeting in February.

 

Councilwoman Urgo stated that they need volunteers to help on the trails.  Mr. Tom Edmunds should be contacted if anyone has volunteered to help.  Mr. Raths and Ms. DeCroce will keep track of volunteers at Town Hall and forward them to Mr. Edmonds immediately when received. Ms. Urgo also advised Council that several thousand dollars has been donated by an individual for Trail construction.

 

Ms. Urgo also asked Mr. Raths as to the stop sign on Chesler Square.  Mr. Raths will look into and advise.

 

Ms. Urgo asked Mr. Raths for a copy of the Lease Agreement between the County and the Railroad.

 

Ms. Urgo also questioned communication with the County regarding the truck  to trains transfer.  Mr. Raths stated that it did go out in the Communication package, but he will provide another copy to Ms. Urgo.

 

Ms. Urgo also questioned the response on the current cross acceptance  report.  Mr. Raths stated that he will copy e-mails to Council and Mr. Sterns notes.

 

Councilman Rilee stated that the audio system has improved, but still needs  some improvements.

 

Mr. Rilee stated that as liaison to the Fire Department he attended a meeting last night.  Mr. Rilee further stated that there are some audio problems with the radio system.  Mr. Raths stated that it is currently being worked on.

 

Mr. Rilee stated that there is a problem with the radioing for an ambulance response.  Evidently a private carrier is overriding our calls and arriving on scene prior to our ambulance and is transporting the patient to their facility.  This has created a problem not only for our EMS, but also the patient.  After they transport the patient they bill them for the service even though they were not called out.  If our EMS transports a patient from Roxbury there is no fee.  Mr. Raths stated that Chief Noll is looking into this matter.

 

Ms. Urgo stated that she spoke with a very upset resident that did receive a bill and was not even transported to the hospital.  Ms. Urgo felt that it was a situation that needs to be addressed rather quickly.  Mr. Raths stated that he would follow up. Ms. Urgo questioned as to which hospital is involved and Mr. Raths stated it is St.Clare’s

 

Chief Joe Lang was present and stated that it has been happening with many of the calls.  Our unit arrives within 4 minutes of the call and St. Clare’s EMS shows up at the scene and transports the patient.  Chief Lang stated that a letter should be sent to St. Clare’s advising them that they do not need to respond to a scene unless they are specifically dispatched from Roxbury.  Further, it needs to be clear to St. Clare’s that our volunteers are on call and ready at all times.  Chief Lang felt that this is being done to try and eliminate the volunteers.  Mr. Raths will follow up with Chief Noll and prepare a letter.

 

 

Councilman Ciaramella stated that the 911 Memorial is moving forward.  Mr. Ciaramella stated that the design is being completed.  Mr. Ciaramella advised that as soon as the design is ready a meeting of the committee would be scheduled.  Mr. Ciaramella stated that Councilwoman Urgo and Councilman Rilee are on the committee.

 

Mr. Ciaramella stated that there would be an Economic Development Committee meeting on January 27, 2005.

 

Mr. Ciaramella stated that the DPW Committee met only twice last year and he would like an update status on the project.

 

Mr. Blood, Assistant DPW Director, was present and stated that he is waiting for the architect to meet with him and also they are working on a cost analysis.  Mr. Blood further stated that the facility should start construction in the fall of 2005.

 

Councilman Hall stated that there is still an appointment to the Recreation Committee and he would like it placed on the next meeting agenda.

 

Mr. Hall also stated that PEC (Parents of Exceptional Children) would like to make a donation towards the Teen Center.  Council appreciates any contribution to help the community and appreciated the efforts of the PEC.

 

Mr. Hall stated that recently a temporary Certificate of Occupancy was issued in town.  Mr. Raths stated that there is a memorandum pertaining to that issue of the dais this evening.

 

Ms. Urgo stated that Commerce Bank should be ashamed for their behavior in opening a facility prior to final site plan approval.  Mr. Rilee felt that this issue should be followed up on.  Mr. Raths will keep Council advised.  Mr. Bucco did send a letter to the Department of Community Affairs.

 

Mr. Hall stated that he was at the Board of Education meeting and there is an issue that is very important.  The issue involves legislation S1701 – which limits the amount a school can increase their budget 2.5% CAP on the previous years budget.  Mrs. DeCroce, Township Clerk will obtain a copy of the legislation and provide it in the packet to council.  Mr. Hall stated that he would like to see this bill repealed.

 

Councilman Schmidt stated that the Environmental Committee meets on Thursday, January 13, 2005.  Mr. Schmidt questioned as to the drainage extension on Eyland Avenue.  Mr. Blood, Assistant DPW Director was present and stated that this week the pipe will be completed and depending on the weather the paving would take place.

 

Mayor Zoschak stated that the Lake Hopatcong Commission met and they are working on the King Cove Dredging.  Mayor Zoschak further stated that the seawall is being addressed for repairs and the Governor’s office is working with them to help expedite the repairs and cost. 

 

Mayor Zoschak also stated that the Lake Hopatcong Commission web site is up and running and you can reach it at www.lakhopatcong.org.

 

Also Mayor Zoschak stated that on Friday, January 14, 2005 there is a meeting with the State pertaining to storm water rules, Mike Kobylarz, DPW/Engineer and the Mayor will be attending the meeting.

 

Mr. Raths, Township Manager did not have anything additional at this time to discuss.

 

Mr. Bucco, Township Attorney did not have anything additional at this time to discuss.

 

Mrs. DeCroce, Township Clerk did not have anything to discuss at this time.

 

INTRODUCTION OF PROPOSED ORDINANCES

01-05  An ordinance amending Ordinance No. 24-03 authorizing the acquisition of certain real property known as Block 2001, Lot 2, One Main Street, Succasunna, in the Township of Roxbury, County of Morris and State of New Jersey.

 

Councilwoman Urgo and Councilman Ciaramella stepped down from the dais due to a potential conflict of interest.

 

Councilman Rilee moved Ordinance 01-05 for introduction.  Mr. Smith seconded the motion.

 

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

                                    Mr. Hall – Yes            Mr. Schmidt – Yes

                                    Mayor Zoschak – Yes

 

Motion Carried 5 to 0

 

Councilwoman Urgo and Councilman Ciaramella returned to the dais.

 

HEARING AND ADOPTION OF ORDINANCES ON SECOND READING

None

 

INTRODUCTION AND ADOPTION OF RESOLUTIONS

05-16      A resolution incorporating by reference herein and approving the following numbered resolutions listed on the regular council meeting agenda for this date:  05-17, 05-18, 05-20, 05-21, 05-22, 05-23, 05-24, 05-25, 05-26, 05-27, 05-28, 05-29, 05-31, 05-32, 05-33, 05-34, 05-35, 05-36, 05-37.

 

Resolution 05-38 was removed from the agenda as it was a duplicate to 05-18.

 

Resolution 05-24 has been corrected to authorize a release of a Cash Bond.

 

Mr. Bucco had changes on 05-30.

 

Mr. Rilee made a motion to adopt Resolution 05-16.  Mr. Smith seconded the motion.

 

                                    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

 

05-17  A resolution authorizing refund of taxes for a totally disabled veteran exemption.

 

05-18 A resolution authorizing refund of application fee 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.

 

05-19     A resolution authorizing the acceptance of a Cash Bond for Soil Moving Permit for Deerview Estates located on Hillside Avenue, Block 4201, Lot 11.

Mr. Rilee made a motion to adopt Resolution 05-19.  Ms. Urgo seconded the motion.

 

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

                                                Mr. Ciaramella – Yes  Mr. Hall – Yes

                                                Mr. Schmidt – Yes     Mr. Smith – Abstain

                                                Mayor Zoschak – Yes

 

Motion Carried 6 to 0 w/one abstention

 

05-20  A resolution authorizing the acceptance of a Cash Bond in connection with the approval of a Tree Permit for Site Plan for Towne Toyota located on Route 46, Block 8602, Lot 12, 49 & 50.

 

05-21  A resolution authorizing the acceptance of a Cash Bond for Soil Moving Permit for Center Street Holding located on Center Street, Block 10901, Lot 3.

 

05-22 A resolution authorizing the acceptance of a Performance Bond in connection with the approval of a Final Site Plan for Etel Associates, located on Route 10/Main Street, Block 6305, Lot 4 & 5.

 

05-23 A resolution authorizing the acceptance of a Cash Bond for road improvements for Robert Kocoski located on 5 DeHart, Block 6502, Lot 1 & 2.

 

05-24  A resolution authorizing the acceptance of a Cash Bond in connection with the approval of a Site Plan for Cracker Barrel Old Country Store, Inc. located on Howard Blvd., Block 12201, Lot 1.0101.

 

 

05-25  A resolution authorizing the acceptance of a Restoration Bond for Villages at Roxbury located on Shippenport road, Block 11201, Lot 1, 2 & 3.

 

05-26  A resolution authorizing the acceptance of a Cash Bond for Soil Relocation for Villages at Roxbury located on Shippenport road, Block 11201, Lot 1, 2 & 3.

 

05-27  A resolution amending the membership of the Township Fire Department.

 

05-28  A resolution authorizing the Municipal Assessor and Municipal Attorney to answer, defend, initiate and settle certain local property tax appeals before the Morris County Board of Taxation and the Tax Court of the State of New Jersey for the 2005 Tax Year.

 

05-29  A resolution of the Township of Roxbury opposing A-2121/S-911, which would expand local responsibilities under the Condo Services Act.

 

05-30  A resolution authorizing the Township Manager to enter into a contract with Morris Land Conservancy (MLC) for services in connection with creating a map of trails.

 

Councilwoman Urgo stepped down for discussion on this resolution due to a conflict of interest.

Mr. Rilee made a motion to approve Resolution 05-30.  Mr. Schmidt seconded the motion.

 

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

                                    Mr. Ciaramella – Yes  Mr. Hall – Yes

                                    Mr. Smith – Yes         Mayor Zoschak – Yes

 

Motion Carried 6 to 0

 

Ms. Urgo returned to the dais.

 

05-31  A resolution authorizing the refund of taxes.

 

05-32  A resolution approving a person to person transfer of liquor license #1436-33-004-002 from Luigi’s Pizza & Restaurant, Inc., t/a Luigi’s Restaurant, to Bensi of Roxbury, L.L.C., t/a Bensi.

 

05-33  A resolution approving payment to Roxbury Water Company for the Township’s contribution toward a water main extension at the Hillside Avenue (Morris county Route 619) Righter Road Intersection.

 

Councilman Hall stated that it is imperative that they do not shut off the water to the dialysis center.  Mr. Raths stated that the work has already been completed with no disruptions.  Mr. Raths stated he will draw up a letter to reaffirm this to the Dialysis Center.

 

05-34  A resolution authorizing the award of a contract for insulation and sheetrock to Takacs Construction.

 

05-35  A resolution authorizing the reduction of the Performance Bond for Willow Walk Phase 8.

 

05-36  A resolution authorizing the acceptance of a deed of sidewalk and right-of-way dedication from Commerce Bank/North across Block 5201, Lots 4, 5, 10 and 11, Route 10 and Main Street in the Township of Roxbury.

 

05-37 A resolution of the Township Council of the Township of Roxbury opposing the provisions of New Jersey State Assembly Bill A-2360.

 

05-38   A resolution authorizing refund of application fee 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 –  This resolution was removed as it was a duplicate of 05-18.

 

PERSONNEL CHANGES

 

 

COMMUNICATIONS

December 17, 2004

 

#2  Correspondence from Christopher Raths, Township Manager to Mr. Millard E. Wetzel, Jr. of 9 Salmon Lane, Ledgewood dated December 13, 2004 re: Car Accident on 11/26/04.  Council questioned the status.  Mr. Raths stated it has been taken care of.

 

#6  Correspondence from Christopher Raths, Township Manager to Ms. Sophie DeHaas of 17 North Second Avenue, Kenvil dated December 13, 2004 re: Naming the Park on Dell Avenue.  Council would like to see and past policy of the Township pertaining to naming recreational areas.

 

December 23, 2004

 

Mr. Rilee made a motion to file the communications for this date.  Mr. Hall seconded the motion.

 

Roll Call:  All In Favor – Yes

 

Motion Carried 7 to 0

 

December 30, 2004

 

#2  Mayor Fax Advisory from William G. Dressel, Jr., Executive Director of NJLM dated December 21, 2004 re:  Property Tax Convention Task Forces Issues Recommendations.  Mayor Zoschak questioned if the County of Morris was represented at this convention.  Ms. DeCroce stated that we were.

 

#4  Mayors Fax Advisory from William G. Dressel, Executive Director of NJLM dated December 29,  2004 re: Pension Offset Legislation (A3529).  Mr. Raths will prepare a resolution for the next agenda.

 

#5  Correspondence from Carol Isemann, Deputy Clerk of Chester Township dated December 22, 2004 re: AN ORDINANCE TO AMEND CHAPTER 133 “LAND USE”, ARTICLE 35, “SUPPLEMENTARY REGULATIONS” OF THE CODE OF CHESTER TOWNSHIP BY ADDING A NEW SECTION, SECTION 242.2, “WELL HEAD PROTECTION”.  Council asked Mr. Raths to see what is on our books and also forward this to Mr. Stern in Planning.

 

#9  Correspondence from Renee Reiss to Mayor of Roxbury township dated December 13, 2004 re:  Motion to Extend Substantive Certification for Roxbury Township – COAH Docket #ES-108.  Council asked Mr. Raths what the status is for Roxbury’s submission.  Mr. Raths stated that it has been sent.  Mr. Bucco stated that we probably will not get a response until September or October.

 

#24 Correspondence from John Scarmozza, MCMUA, to Christopher Raths, dated December 20, 2004, re: MUA Water Transmission Main Extension Project:

 

At this time Councilman John Ciaramella stepped down due to a potential conflict of interest.

 

Discussion ensued pertaining to information and a set of plans to illustrate the exact route the line is going to be installed.  Ms. Urgo stated that the line is proposed through the Horseshoe Lake property.  Mr. Raths will obtain the map, information and timetable on this project.

 

Councilman John Ciaramella returned to the dais.

 

January 7, 2005

 

#3  Correspondence from Christopher Raths, Township Manager to Ms. Shelagh Reilly, Director of Site Acquisition Services of Malick & Scherer, P.C. dated January 3, 2005 re:  Lease Agreement & Co-location Agreement – Mooney Road Ledgewood, NJ.  Ms. Urgo stated that the lease agreement should have been done and authorized by the Mayor and Council.

 

#5  Registration for a Free Program for Municipal Officials from the Housing Partnership for Morris County re: Third Round COAH Rules to be held on Thursday, January 27, from 5:00 PM – 7:30 PM at Denville Municipal Building, 1 St. Mary’s Place, Denville.  Councilmen Fred Hall, Tim Smith , Jim Rilee, John Ciaramella and Councilwoman Sandy Urgo will be attending.

 

#8  Interoffice Memo from Christopher Raths, Township Manager to Mayor & Council dated January 5, 2005 re:  2005 Community Development Grants (CBDG).  Council had several recommendations, Port Morris Firehouse, Rescue Boat.  Mr. Raths stated that he will have a resolution for the next meeting.

 

#9  Correspondence from BettyLou DeCroce, township Clerk to Mr. Thomas J. Prettyman, Supervisor of Traffic Investigations/Regulations – State  of New Jersey, Department of Transportation dated January 6, 2005 re: AN ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER VII, TRAFFIC, OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF ROXBURY, COUNTY OF MORRIS, STATE OF NEW JERSEY.  Council agreed to the memo and as soon as the DOT sends a response the ordinance should be placed on the agenda for approval.

 

#12  Correspondence from Lisa M. Lashway, Mt. Olive, Township Clerk dated December 29, 2004 re: Ordinance No. 49-2004 – AN ORDINANCE OF THE TOWNSHIP OF MT. OLIVE AUTHORIZING A REVISION TO THE CODE OF THE TOWNSHIP OF MT. OLIVE LAND USE PROCEDURES, CHAPTER 400-LAND USE:  ARTICLE V – DESIGN GUIDELINES AND TECHNICAL STANDARDS, SECTION400-74 SURFACE WATER MANAGEMENT.  Ms. Urgo stated that we should provide this to Mr. Kobylarz and Mr. Stern and place it on the agenda in one month. (Storm Water Regulations to Businesses)  Mr. Raths will forward to both department heads.

 

#18  Interoffice Memo from Ptl. Gregg Prendergast to Christopher Raths, Township Manager dated January 7, 2003 re: St. Mary’s Drive:  Council would like Mr. Raths to follow up and advise.

#20  Correspondence from Local 311 President Thomas Gaboda to Township Manager Christopher Raths dated December 29, 2004 re:  Company #2 Firehouse.  Mr. Raths stated that it is currently being worked on and he will bring to council when he has completed the evaluation/cost and necessity.

 

#23  Mayors Fax Advisory from William G. Dressel, Jr., Executive Director of NJLM dated January 3, 2005 re: A-3829, Disability Pension Enhancement – A resolution will be prepared for the next Agenda.

 

#24  Mayors Fax Advisory from William G. Dressel, Jr., Executive Director of NJLM dated January 4, 2005 re: DEP invites Municipalities to Apply for Open Space Preservation Funds.  Send to Recreation Committee (Recreational Development Loan Mr. Raths will put on the agenda for January 25, 2005.

 

#25  Mayors Fax Advisory from William G. Dressel, Jr., Executive Director of NJLM dated January 5, 2005 re:  Share Grant Applications Deadline.  Council would like Mr. Raths to try and apply for a grant.

 

PUBLIC PORTION

 

Robert church

256 Eyland Ave

 

Mr. Church asked for an update on the Tridata study. Mr. Raths stated that they had some difficulty retrieving some of the data they needed.  Currently they are working with the Police Department and Rob Kuncken, IT Director so the report should be available in a couple of weeks.

Mr. Church further asked if they would be talking to other personnel.  Mr. Raths stated that they would talk to any individual needed to complete the report.  Once the report is completed the public will be given a chance to give their input.

 

EXECUTIVE SESSION

 

05-39  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 10:00 PM Mr. Rilee made a motion to approve resolution 05-39.  Ms. Urgo seconded the motion.

 

Roll Call:  All In Favor – Yes

 

Motion Carried 7 to 0

 

ADJOURNMENT

 

At 11:05 PM Ms. Urgo made a motion to adjourn the Regular Meeting.   Mr. Smith seconded the motion.

 

Roll Call:  All In Favor – Yes

 

Submitted By:

 

 

 _________________________

BettyLou DeCroce

Township Clerk

MINUTES APPROVED

DATE:                        February 22, 2005

ROLL CALL:                        Mr. Rilee – yes          Ms. Urgo – yes

                                    Mr. Hall – yes Mr. Schmidt – yes

                                    Mr. Smith – yes         Mayor Zoschak - yes