January 25, 2005
A Workshop
Meeting of the Township Council of the Township of Roxbury was held on January
25, 2005 at 1715 Route 46, Ledgewood, NJ 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 7,
2005; notice was posted on the bulletin board in the main hallway of the
Municipal Building on January 7, 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 Janet Rieth,
Deputy Clerk
REPORTS OF
COUNCIL LIAISON REPRESENTATIVES, COUNCIL COMMITTEES AND NEW BUSINESS/OLD
BUSINESS
NEW BUSINESS
A.
Presentation: Explorer
Post 188 for their Outstanding Achievements at the National Law Enforcement
Explorer Competition in Atlanta, Georgia
Mayor Zoschak
commended Lt. Franklin for the outstanding job he has done with the Roxbury
Explorer Post and advised that Lt. Franklin was presented the Paul Harris
Fellow Award by the Roxbury Rotary Club. Mayor Zoschak presented plaques to
the Explorers for their outstanding achievements.
B. Presentation: Roxbury High
School Girls Cross Country
Team
Councilman Hall
commended the Girls Cross Country Team on their achievements, which were Iron
Hills Champions, Morris County Champions, North 1, Group IV Sectional
Champions, Group IV State Champions, NJ State Champions and #9 in the USA. Mr. Hall further stated that the Township will probably
never see more talent in running than this team has shown. Mayor Zoschak
presented a plaque to the Girls Cross Country Team for their accomplishments.
C. Proclamation: February 4, 2005 as “National Wear Red Day for Women”
Mayor
Zoschak read the above proclamation, which designates February 4, 2005 as “National Wear Red
Day for Women”, to increase the awareness of heart disease in women.
D. Planning and Incentive
Grant
Council
discussed the draft letter to be sent to Green Acres and agreed that the
sentence at the top of Page 2 should be placed before the Veteran’s Park
Extension.
A motion was
made by Mr. Rilee to approve the letter with the changes that were discussed.
Mr. Schmidt seconded the motion.
Roll Call:
Mr. Rilee – yes Mr.
Schmidt – yes
Mr. Ciaramella –
yes Mr. Hall – yes
Mr. Smith – yes Ms.
Urgo – yes
Mayor Zoschak –
yes
Motion carried 7
– 0
E. Presentation: Main Street Streetscape
Russell
Stern, Roxbury Township Planner, introduced Mr. Dean, of Dewberry, Goodkind ,
who
presented a
concept plan for the Main Street Streetscape, from Hillside Avenue to Eyland
Avenue. Mr. Dean advised
that the rough cost estimate is $1.1 million for the full project. Mr. Raths
stated that the Township would have to identify grants to fund the project. He
also advised that the Council may want to put together a committee consisting
of individuals from the Historic Advisory Committee, the Library Board,
residents, representatives of churches in the area and merchants. Ms. Urgo
questioned if the Township would be able to obtain a grant, since Roxbury does
not have a Town Center. Mr. Dean stated that other
municipalities that do not have a Town Center have received grants for this type of
project and he suggested that, when applying for grants, the Township should
not go for the whole project at once. Mr. Raths will put a charge together.
Mayor Zoschak
recognized and congratulated Ralph Fancher, a Township resident, who received
the French Legion of Honor Award from Col. Jean Baillaud of the French
Consulate. Mr. Fancher was honored for his role on D-Day in World War II.
Mayor Zoschak
amended the Order of Business to hear the Public Portion at this time
Public Portion
Mayor Zoschak
and Mr. Ciaramella stepped down, due to a potential conflict of interest, as
they are members of Rotary.
Steve Alford,
President of Roxbury Rotary Club, stated that the Rotary Club is requesting a “Rotary Way”sign to be placed at the entrance of Horseshoe Lake, commemorating 100 years of Rotary.
Council agreed that Rotary is a noble organization; however, they questioned if
it could be a sign acknowledging the contribution of Rotary to the Township,
instead of a sign naming the street.
A motion was
made by Mr. Rilee that a sign acknowledging the contribution of Rotary to the
Township be placed at the entrance to Horseshoe Lake. Mr. Smith seconded the motion.
Roll Call:
Mr. Rilee –
yes Mr. Smith – yes
Mr. Hall – yes Mr.
Schmidt – yes
Ms. Urgo – yes
Motion carried
5 - 0
Mr. Alford
will redraft the sign and work with Mr. Raths to have the sign placed by
February 15th.
Mayor Zoschak
and Mr. Ciaramella returned to the dais.
Robert Kluska,
Emmans Road, stated that he would like the public
considered before the finalization of the Main Street Streetscape. Mr. Kluska
also thanked Mayor Zoschak for attending the last meeting of the Roxbury Senior
Club to advise the members of what has been happening in the Township.
Frank Arico, 26 Forest Drive, Succasunna, stated complaints about his
mailbox being knocked down four times in the last 7 years by the snowplows.
Mr. Raths advised that he will have Mr. Blood check into this.
At this time,
Mayor Zoschak returned to the Reports of Council Liaison Representatives,
Council Committees and New/Old Business
Mr.
Ciaramella stated that the Economic Development Committee will meet January 27th.
Mr.
Ciaramella stated that there has been concern from members of the Economic
Development Committee and residents pertaining to the parking of cars behind
the Succasunna Gulf Station. Mr. Raths advised that they have received a
notice of violation and an application has been filed with the Zoning Board of
Adjustment. Mr. Ciaramella advised that the cars are from Towne Toyota. Mr.
Raths will check into this.
Mr.
Ciaramella requested an update on the public works facility. Mr. Raths advised
that RFP’s are being sent out for removal of the existing building and Mr.
Blood has met with the contractor on the time frame.
Mr.
Hall stated that the Recreation Committee met with Parents with Exceptional
Children (PEC) and the Roxbury High School Athletic Department. The next
program is the Super Soccer Fest. The head coach of the Roxbury Girls Soccer
team will run the program.
Regarding
the $45,000 in off site improvement money that the Township will receive from
Dellamo and Renaissance, Mr. Hall questioned where this will be used. Mr.
Kobylarz, Township Engineer, stated that it will be used for road resurfacing
of Mary Louise and Righter
Road to the Commerce Boulevard intersection. A portion will also be
for water supply in accordance with the MCMUA Agreement. There is no
developer’s agreement at this point, and the amount the Township will receive
has not been finalized.
Mr.
Schmidt stated that he will be attending a seminar, “Navigating the Waters of
the Highlands”, on Thursday, January 27th,
at the Morris County Park Commission.
Mr. Schmidt
stated that he observed our trucks dumping Christmas trees at the Municipal
Utilities Authority a couple of weeks ago. The Environmental Commission would
like to know if there is a better way of handling the trees. Mr. Blood advised
that the policy is to collect them in bulk, the same as with brush and leaves,
and they are taken to a recycling center. However, when there are only a couple
of trees on a route, they do place them in the sanitation truck. It has been
suggested that the Township concentrate collection of trees to one week instead
of four and this will be looked at.
Mr. Rilee
advised that the draft of the reexamination of the municipal land use report
has gone to the Planning Board. Mr. Raths will copy Council.
Mr. Rilee
advised that Ed Kirchgessner has advised him that he is no longer the President
of the Ever Young Seniors; however, he would like to be the liaison from the
Every Young Club to Council. Council members agreed with this.
Mr. Rilee
advised that the fire chiefs will be meeting next week. Mr. Rilee and Mr.
Zoschak will be away and Mr. Schmidt will attend the meeting for them.
Mr. Rilee
stated that he only received one complaint regarding snow removal after the recent
storm and commended the Department of Public Works. Mayor Zoschak stated that
he also only received one complaint.
Ms. Urgo
advised that the Trails Committee met and they are making progress. A list of
goals and objectives has been developed. They are also making progress on
attempting to obtain a free access easement on the small Verizon tract with
the tower that separates Veterans Park from the Mooney farm.
Ms.
Urgo spoke about open space projects and advised that 1,008 acres have been
preserved. Ms. Urgo congratulated the Open Space Committee on the work they
have done and also suggested that the Township recognize Mike Daley, a member
of the Open Space Committee, with a plaque in appreciation of all the work he
has done. Council agreed.
Ms. Urgo
attended the recent Water/Sewer Committee meeting. The Committee discussed the
transfer of sewer allocation to Hopatcong Adult LLC. An excellent response was
received from engineering and there is another municipality opposing the
allocation transfer. Ms. Urgo will work with Engineering and Mr. Raths to
prepare a resolution to bring to Council.
Mayor
Zoschak stated that the Sussex County Water Quality Policy Advisory Committee
is looking for someone from Roxbury Township to be appointed. Mr. Raths will check
to see if someone is interested in serving on the Committee.
Ms. Urgo
stated concerns regarding confidential communications being placed in the
public agenda. Mr. Raths advised that he used to go over the Agenda page by
page and check them. He was out of town this last time and was unable to do
this. He will go back to the practice of checking the pages and when he is out
of town, he will have someone else check the Agenda.
Mr. Smith
attended the recent Water/Sewer Committee meeting. One of the issues discussed
was the allocation anticipated at full build out in the MSA coverage area. We
are short of having adequate gallonage under the current agreement with the
MSA. The Committee looked at changes potentially to the MSA coverage area and
how it might change the ultimate build out. With respect to wells, Mr. Grau
has not yet finished proposals on these issues.
Mr. Smith
advised that the next Open Space Committee meeting will be held on Wednesday, February 2, 2005.
Mr. Smith
thanked Mr. Raths for his help with service issues for residents in the
Township.
Mr.
Smith has spoken with many of the Township seniors regarding obtaining
defibrillators for the senior center. Regarding funding, he advised that Mr.
Raths believes there is extra money, that had been appropriated for senior
purposes, that has not been used. Mr. Raths advised that Mike Pellek, Township
Fire Official and Lisa Palmieri, Chief Financial Officer are working on this.
Mayor Zoschak
stated that he contacted the Department of Environmental Protection regarding
the Sweney property. They advised that they will expedite this for the
Township.
Mayor
Zoschak attended a meeting with the AARP at the Senior Center. The NJ Rate Payer Advocate spoke about energy bills,
cable rates, etc. Mr. Raths advised that the Township’s contract with
Cablevision is up in 2007 and the Cable Committee has been looking at the
contract. Mr. Bucco advised that there is a specific process that must be
followed and he will give this process to Mr. Raths.
Mayor
Zoschak received a call from Senator Bucco’s office pertaining to a meeting
with the Tenants Association on Monday, January 31st, at 2:00 PM,
regarding stacking fines. Mr. Zoschak will not be able to attend and Ms. Urgo
will attend for him.
Mr. Raths
advised that he met with Department Heads today. A new program has been
offered through Parents of Exceptional Children for the placement of
individuals in some type of jobs. He requested the Department Heads to give
him input regarding the use of this program.
OLD BUSINESS
Procurement Policy
Mr. Bucco
advised that he met with Diane Vanderhoof on Monday and they reviewed Mr.
Bucco’s recommended changes to the policy. Ms. Vanderhoof will make the
changes and discuss them with Mr. Raths. The changes are being made to be in
compliance with statutory requirements under the Local Public Contracts Law and
Mr. Bucco will prepare an Ordinance to bring to Council.
Appointments
Lake Musconetcong Regional Planning Board: 1 Member,
4-year Term (Mayor Appointment) – Hold for Future Meeting
Citizens Cable
Committee: 1 Member, 2-Year Term (Council appt.) – Hold for Future Meeting
Economic
Development Committee: Un-expired Term of Russell Vanderbush – Hold for
Future Meeting
Recreational
Advisory Board: 1 Member, 3-year term
A motion was
made by Mr. Hall to reappoint Mr. Joseph Perfetti to the Recreational Advisory
Board, for the term of January
1, 2005 to December 31, 2007. Mr. Ciaramella seconded the motion.
Roll Call:
Mr. Hall – yes Mr.
Ciaramella – yes
Mr. Rilee – yes Mr.
Schmidt – yes
Mr. Smith –yes Ms.
Urgo – yes
Mayor Zoschak –
yes
Motion carried 7
- 0
Rockaway River Watershed Cabinet - 1 Member, 1-year
term – Hold for Future Meeting
At 9:10 PM
Council took short break.
At 9:20 PM Council
returned to the Workshop Meeting.
Capital Budget
Engineering,
Public Works, Sanitation, Roads, Sewer, Water
Engineering
Michael
Kobylarz, Township Engineer, will provide Council with a list of paving
projects in their next package. A total of 26 roads will be resurfaced in
2005.
Regarding
Conkling Road Drainage/Water Quality, Mr. Raths advised that it is a drainage
system in the road. This will be completed in conjunction with the Skyview
decommissioning project. Mr. Kobylarz advised that the Conkling Road area has been defined as a needed
drainage project going back to 1997, at which time capital monies ($10,000)
were allocated for construction of a storm sewer. The Skyview decommissioning
project will include construction of a sanitary sewer force main along this
section of Conkling Road and, before it is repaved, it was felt
that the drainage project should be completed.
Mr. Hall
requested an update on the Hillside
Avenue/Righter Road
intersection. Mr. Kobylarz advised that the County is administering the
project and it has gone out to bid. The County’s plan is for the project to be
completed in June 2005.
Mr. Blood,
Assistant Director of Public Works, provided Council with a 2005 supplemental
paving list that is not part of the capital budget.
Council
discussed the road water that is being dumped into Lake Silver Springs. Ms.
Urgo suggested that, as soon as there is stormwater money available, this
problem should be addressed.
Road Department
Mr. Raths
advised that the Township is continuing the cycling of trucks, with a 6 yard
dump and a backhoe, with the backhoe to be split with the Water Department.
Mr. Raths stated that a rate analysis of the impact of the capital budget on
the water department should be completed by Friday and it will be given to
Council. Discussion ensued pertaining to the purchase of the backhoe. Mr.
Blood advised that there are currently 3 backhoes in the Township, one newer
and two older. The Water Department needs a machine that can do more than the
current machine is capable of and the new backhoe would meet that requirement.
Mr. Hall
questioned if we have been looking at shared services with the Board of
Education. Mr. Blood stated that, in the road department type of equipment,
there is not that much of a trade available; however, there would be for parks
and grounds. Mr. Hall suggested that the Township and the Board of Education
exchange inventory lists for comparison.
Ms. Urgo stated
this would be more of a machine than the Water Department needs and they would
be funding 50% of the machine, yet only using it 10% of the time. She further
stated that the Water Utility cannot afford this. Mr. Raths stated the he will
look at reallocation of the split in funding.
The Capital
Budgets of Sanitation, Sewer and Water will be discussed at a future meeting.
PUBLIC
PORTION
Previously
Discussed
MATTERS
REQUESTED/REFERRED BY COUNCIL MEMBERS, MANAGER, ATTORNEY OR CLERK
A. Application
for Raffles License No. RA: 1228 by Roxbury Rotary Club.
B. Application for
Raffles License No. RA: 1229 by Roxbury Rotary Club.
C. Application
for Bingo License No. BA: 1230 by Home School Association of St. Therese School.
D. Application
for Bingo License No. BA: 1231 by St. Therese R.C. Church.
A motion was
made by Mr. Rilee to approve Items A through D. Mr. Schmidt seconded the
motion.
Roll Call:
Mr. Rilee – yes Mr.
Schmidt – yes
Mr. Ciaramella –
yes (abstain on Items A & B)
Mr. Hall – yes
(abstain on Items C & D)
Mr. Smith –yes Ms.
Urgo – yes
Mayor Zoschak –
yes (abstain on Items A & B)
Motion carried 7
– 0 with 2 abstentions on Items A & B and one abstention on Items C & D
APPROVAL OF
MINUTES
September 7,
2004 Regular
October 12, 2004 Regular
October 12, 2004 Executive Session 04-354
December 14,
2004 Workshop
January 4, 2005 Reorganization
A
motion was made by Mr. Rilee to approve the minutes of October 12, 2004 , Regular and Executive, December 14, 2004,
Workshop and January 4, 2005, Reorganization, with the changes
discussed. Mr. Hall seconded the motion.
Roll
Call:
Mr.
Rilee – yes Mr. Hall – yes (abstain on January 4th)
Mr.
Ciaramella – yes Mr. Schmidt – yes
Mr.
Smith – yes Ms. Urgo – yes (abstain on January 4th)
Mayor
Zoschak – yes
Motion
carried 7 – 0 with 2 abstentions on January 4th
A
motion was made by Mr. Smith to approve the minutes of September 7, 2004. Ms. Urgo seconded the motion.
Roll
Call:
Mr.
Smith – yes Ms. Urgo – yes
Mr.
Ciaramella – yes Mr. Hall – yes
Mr.
Rilee – abstain Mr. Schmidt – yes
Mayor
Zoschak – yes
Motion
carried 6 – 0 with one abstention
DRAFT ORDINANCES FOR DISCUSSION
None
INTRODUCTION OF PROPOSED
ORDINANCES
02-05
An ordinance to amend and supplement Chapter XIII, Land Development Ordinance,
Article
VII, Zoning Regulations, Section 13-7.15, R-5 Multi-family Residence District,
Subsection 13-7.1501 Principal Permitted Uses, and Subsection 13-7.1502,
Required Conditions, of the Revised General Ordinances of the Township of Roxbury, County of Morris,
State of New Jersey. (Roxbury 80 LLC)
A motion was made by Mr. Rilee to introduce Ordinance
02-05. Mr. Schmidt seconded the motion.
Ms. Urgo
stated that she does not support this ordinance and she does not see a benefit
to Roxbury Seniors. Roxbury has met its COAH quota and she feels that the
Township has earned the right to appropriately locate this type of housing. Ms.
Urgo would prefer that we continue to appeal the case. She does not agree with
the decision and does not feel that it makes a lot of sense. Ms. Urgo stated
that the whole case was about changed circumstance and there were a lot of
them. Aside from the factual ones, which have been discussed with our
Attorney, there is the tremendous change in public understanding of land use.
In general, the public recognizes that you do not top an entire mountaintop
with tall buildings. This will be visible from Netcong and Byram on the
western side and, on the eastern side, it will be visible from the Roxbury
truck rest area on Route 80. Ms. Urgo stated that she does not agree that we
will avoid all legal fees that we hope to avoid by settling. She further
stated that this is the second time the Township has seen this lawsuit and she
feels we will see it again. Ms. Urgo requested a written opinion on the
findings with pros and cons and what possible arguments we have on appeal,
before adoption of ordinance.
Mr. Rilee
stated that he supported settlement on this the first time, which would have
saved the Township approximately $200,000. He feels that the Judge is very
competent and has done a very good job at making most of his land use
decisions very clear. This preexisted COAH and the Judge found that the
circumstances have not changed. Montville also went through this, they have built
their entire quota, and they lost. In essence we spent $200,000 to fight two
Judges opinions. What would be built on the site, under the original
settlement agreement, would cover the entire site and would probably be forced
down on the Township and the Planning Board. This settlement does a lot of
things, such as saving about 80% building coverage, there are two out parcels
that the Township will receive and it will be age restricted. It is not
necessarily the best location for senior housing; however, in light of the
alternative, it is a much better agreement for the Township. Mr. Rilee feels
that we should have settled before and should definitely settle now.
Mayor Zoschak
stated that he feels this settlement is long overdue. The Township has spent
approximately $200,000 for legal fees and thankfully we got the same settlement
prior to going to court as we have now. We have a pretty good deal, even
though it is not the best spot. The developer came before the Master Plan
Committee several times with a lot of different scenarios for this particular
property. He had the right to build 325 market rate units. The settlement
allows for 260 units of age restricted, no children under 19 years, with 20%
set aside for COAH housing. We do not need the numbers right now, but they
will count in future years. Both Judge Stanton and Judge Bozonelis have ruled
against the Township. The Council at that time voted to fight this and appeal,
over the advice of our Attorneys. Our Attorneys are now telling Council that
this is the best deal we can get and Mayor Zoschak believes it is. Mayor
Zoschak further stated it is time the Township settled this.
Roll
Call:
Mr.
Rilee – yes Mr. Schmidt – yes
Mr.
Ciaramella – yes Mr. Hall – yes
Mr.
Smith – yes Ms. Urgo – no
Mayor
Zoschak – yes
Motion
carried 6 – 1
03-05 An ordinance to amend Chapter XIII, Land
Development Ordinance, Article VII,
Zoning Regulations, Section 13-7.5,
Zoning Map, and Section 13-7.8 General Provisions for all Zones, Subsection
13-7.826, Application and Interpretation of Low/Moderate Housing Provisions,
Paragraph J, Affirmative Marketing, Subparagraph R, of the Revised General
Ordinances of the Township of Roxbury,
County of Morris,
State of New Jersey. (Southwind Tract)
A
motion was made by Mr. Rilee to introduce Ordinance 03-05. Ms. Urgo seconded
the motion.
Mayor Zoschak
stated that this is a good zone change because it takes residential zoning and
changes it to low impact, good environmental commercial development.
Mr.
Bucco stated that there is concurrence with the property owner and this is
being done at his request.
Roll Call:
Mr. Rilee – yes Ms.
Urgo – yes
Mr. Ciaramella –
yes Mr. Hall – yes
Mr. Schmidt –
yes Mr. Smith – yes
Mayor Zoschak –
yes
Motion carried 7
– 0
04-05 An ordinance to amend Chapter XIII, Land
Development Ordinance, Article VII,
Zoning Regulations, Section 13-7.24, B-1a
Limited Business District, Subsection 13-6.2402, Prohibited Uses, Subsection
13-7.2404, Conditional Use, and Section 13-7.35, Conditional Uses, of the Revised
General Ordinances of the Township of Roxbury, County of Morris, State of New
Jersey. (Self-storage Facilities)
A motion was
made by Mr. Rilee to introduce Ordinance 04-05. Ms. Urgo seconded the motion.
Roll Call:
Mr. Rilee – yes Ms.
Urgo – yes
Mr. Ciaramella –
yes Mr. Hall – yes
Mr. Schmidt –
yes Mr. Smith – yes
Mayor Zoschak –
yes
Motion carried 7
– 0
05-05 An ordinance to amend Chapter XIII, Land
Development Ordinance, Article VII,
Zoning Regulations, Section 13-7.5,
Zoning Map, of the Revised General Ordinances of the Township of Roxbury, County of Morris,
State of New Jersey. (Paxos—Nicholson’s Furs)
A motion was
made by Ms. Urgo to introduce Ordinance 05-05. Mr. Hall seconded the motion.
Roll Call:
Ms. Urgo – yes Mr.
Hall – yes
Mr. Ciaramella –
yes Mr. Rilee – yes
Mr. Schmidt –
yes Mr. Smith – yes
Mayor Zoschak –
yes
Motion carried 7
– 0
06-05
An ordinance amending
Chapter III, Police Regulations of the Revised General
Ordinances
of the Township of Roxbury.
(Prohibit water discharge)
Mr.
Bucco advised that this Ordinance is in compliance with the changes requested
by Mr. Kobylarz.
A
motion was made by Mr. Schmidt to introduce Ordinance 06-05. Ms. Urgo seconded
the motion.
Mr.
Rilee stated that he agrees with the premise of this Ordinance, but he is not
comfortable that this is the way it should be done.
Roll Call:
Mr. Schmidt –
yes Ms. Urgo – yes
Mr. Ciaramella –
yes Mr. Hall – yes
Mr. Rilee – no Mr.
Smith – yes
Mayor Zoschak –
yes
Motion carried 6
- 1
HEARING AND
ADOPTION OF ORDINANCES ON SECOND READING
Ms. Urgo and Mr.
Ciaramella stepped down due to a potential conflict of interest.
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
A motion was
made by Mr. Rilee to open Ordinance 01-05 to the public. Mr. Schmidt seconded
the motion.
Roll Call:
Mr. Rilee – yes Mr.
Schmidt – yes
Mr. Hall – yes Mr.
Smith – yes
Mayor Zoschak –
yes
Motion carried 5
– 0
There was no
public comment.
A motion was
made by Mr. Rilee to close Ordinance 01-05 to the public. 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
– 0
A motion was
made by Mr. Rilee to adopt Ordinance 01-05. Mr. Schmidt seconded the motion.
Roll Call:
Mr. Rilee – yes Mr.
Schmidt – yes
Mr. Hall -yes Mr.
Smith – yes
Mayor Zoschak –
yes
Motion carried 5
– 0
At this time,
Ms. Urgo and Mr. Ciaramella returned to the dais.
DRAFT RESOLUTION FOR DISCUSSION
None
Mrs. Rieth
advised that, at the meeting of January
11, 2005, Council approved
Resolution 05-32 for the person-to-person transfer of the liquor license from
Luigi’s to Bensi. This transfer was processed as a person-to-person, place-to-place
transfer; however, the resolution only stated person-to-person. Mrs. DeCroce
received a call today from the State Division of Alcohol Beverage Control
requesting a motion to allow the resolution to state person-to-person and
place-to-place.
A motion was
made by Mr. Hall to amend Resolution 05-32 to state person-to-person and
place-to-place transfer of the liquor license. Mr. Smith seconded the motion.
Roll Call:
Mr. Hall – yes Mr.
Smith – yes
Mr. Ciaramella –
yes Mr. Rilee – yes
Mr. Schmidt –
yes Mr. Smith – yes
Mayor Zoschak –
yes
Motion carried 7
- 0
INTRODUCTION AND ADOPTION OF
RESOLUTIONS
05-40 A
resolution incorporating by reference herein and approving the following
numbered
resolutions
listed on the workshop council meeting agenda for this date: 05-41, 05-42,
05-43, 05-44, 05-45, 05-46, 05-47, 05-48, 05-49, 05-50, 05-53, 05-54, 05-55,
05-56, 05-57, 05-58, 05-59
A motion was
made by Mr. Rilee to adopt Resolution 05-40. Ms. Urgo seconded the motion.
Roll Call:
Mr. Rilee – yes Ms.
Urgo – yes (abstain on check #34337)
Mr. Ciaramella –
yes (abstain on checks #34332, 34333, 34334, 34338)
Mr. Hall – yes Mr.
Schmidt – yes
Mr. Smith – yes
(abstain on check 34345)
Mayor Zoschak –
yes
Motion carried 7
– 0 with one abstention on checks #34337, 34332, 34333, 343334, 34338 and 34345
05-41 A
resolution authorizing the refund of taxes
05-42
A resolution
authorizing Roxbury Township to enter into a contract with St.
Clare’s
Hospital
for Male Cancer Screening
05-43
A resolution urging
the state legislature to oppose A-3529, which would allow
government
workers to receive both a full ordinary disability pension and workers
compensation benefits at the same time for the same injury
05-44 A
resolution authorizing the refund of taxes
05-45 A
resolution authorizing the endorsement of a Treatment Works Approval Permit
Application
for the Gemini Industries, Inc. facility expansion located at 1881 US Highway Route 46, Ledgewood. Block 9501, Lot
9
05-46 A resolution authorizing the release of a Performance
Guarantee posted for Right-of-Way
Excavation
Permit No. NOV1-2004 Spatz/Valentino, 185
E. Main Street, Ledgewood.
Block 6501, Lot 2
05-47 A resolution authoring the release of a Performance
Guarantee posted for Right-of-Way
Excavation
Permit No. MAR2904, James M. Tarleton, 1
Brookside Road, Succasunna
05-48 A
resolution re-establishing the Roxbury Municipal Alliance Committee for 2005
05-49
A resolution
authorizing the submission of an application for the 2005 Morris County
Department
of Community Development Program. (Dell
Avenue Sidewalk Extension
and Berkshire Valley Park)
05-50
A resolution
authorizing the release of a Performance Guarantee posted for Right-of-Way
Excavation
Permit No. DEC0704, Camille A. and John J. Woelfel, 18 Salmon road, Landing,
Block 11313, Lot 9
05-53
A resolution
authorizing the acceptance of the Maintenance Guarantee and approving the
release
of the Performance Guarantee posted by Poet’s Peak, L.L.C., for the Mooney Road improvements related to the Poet’s Peak
subdivision
05-54
resolution approving
Change Order No. 1 to the contract with Andy Matt Inc. for the
Horseshoe
Lake Phase II Bikeway Improvement Project
05-55
A resolution
approving Change Order No. 2 to the contract with Andy Matt Inc. for the
Horseshoe
Lake Phase II Bikeway Improvement Project
05-56
A resolution
approving Change Order No. 3 (Final) to the contract with Andy Matt Inc.
for
the Horseshoe Lake Phase II Bikeway Improvement Project
05-57
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
05-58
A resolution
authorizing the award of a contract to Kenneth Hyman Electric Contracting,
Inc.
for the purchase and installation of a generator
05-59 A
resolution authorizing payment of bills
Ms. Urgo stepped
down for the following resolution due to a potential conflict of interest.
05-51 A
resolution authorizing an agreement for extraordinary, unspecifiable services
with the
Morris
Land Conservancy
A motion was
made by Mr. Rilee to adopt Resolution 05-51. Mr. Ciaramella seconded the
motion.
Roll Call:
Mr. Rilee – yes Mr.
Ciaramella – yes
Mr. Hall – yes Mr.
Schmidt – yes
Mr. Smith – yes Mayor
Zoschak – yes
Motion carried 6
– 0
At this time Ms.
Urgo returned to the dais.
Mr. Rilee
stepped down for the following resolution due to a potential conflict of
interest.
05-52 A resolution approving Change Order #1 (Final) to the
contract with Tilcon New
York,
Inc.
for Phases I and II of the Eyland
Avenue Road Improvements
Project
A motion was
made by Ms. Urgo to adopt Resolution 05-52. Mr. Schmidt seconded the motion.
Roll Call:
Ms. Urgo – yes Mr.
Schmidt – yes
Mr. Ciaramella –
yes Mr. Hall – yes
Mr. Smith – yes Mayor
Zoschak – yes
Motion carried 6
– 0
At this time,
Mr. Rilee returned to the dais.
COMMUNICATIONS
January 14, 2005
#27 –
Correspondence from Alex DeCroce, Republican Leader, Assemblyman, 26th
District, to John Lettiere, Commissioner of the NJ Department of
Transportation, re: Negative Consequences of Reopening Circle Drive, Ledgewood,
NJ – Mr. Raths will prepare a response letter for Council’s review.
January 25, 2005
A motion was
made by Mr. Hall to file the communications of January 25, 2005.
Mr. Ciaramella seconded the motion.
Roll Call:
Mr. Hall– yes Mr.
Ciaramella – yes
Mr. Rilee – yes Mr.
Schmidt – yes
Mr. Smith – yes Ms.
Urgo - yes
Mayor Zoschak –
yes
Motion carried 7
– 0
EXECUTIVE
SESSION
05-60
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
A motion was
made by Mr. Ciaramella to adopt Resolution 05-60 for Executive Session. Mr.
Schmidt seconded the motion.
Roll Call:
Mr. Ciaramella –
yes Mr. Schmidt – yes
Mr. Hall – yes Mr.
Rilee – yes
Mr. Smith –yes Ms.
Urgo - yes
Mayor Zoschak –
yes
Motion carried 7
- 0
ADJOURNMENT
At 11:25 PM
a motion was made by Mr. Rilee to adjourn the Workshop Meeting. Mr. Schmidt
seconded the motion.
All In Favor -
yes
Submitted By:
_________________________
BettyLou DeCroce
Township Clerk
MINUTES APPROVED BY COUNCIL
DATE: February 22, 2005
ROLL CALL: Mr. Rilee – yes Ms. Urgo – yes
Mr.
Hall – yes Mr. Schmidt – yes
Mr.
Smith – yes Mayor Zoschak - yes