February 8, 2005
A
Regular Meeting was held by the Township Council of the Township of Roxbury on
February 8, 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 and Deputy Mayor Martin Schmidt
ALSO
PRESENT: Christopher
Raths, Township Manager; Anthony Bucco, Township Attorney and Janet Rieth,
Deputy Clerk
Mayor
Richard Zoschak was on vacation.
Deputy
Mayor Schmidt introduced individuals from Boy Scout Troop 159, Succasunna, who
are working on their Citizenship Badge.
PRESENTATIONS
Presentation:
Michael Trofinoff, First Battalion, 385th Infantry, Lodi to Marty Schmidt for Troop Drive
Captain
Trofinoff advised that the First Battalion, 385th Infantry is a
Reserve Basis Training Battalion, who went to Iraq to
train their soldiers. Mr. Schmidt volunteered his efforts to help send care
packages to the soldiers. In appreciation of Mr. Schmidt’s efforts, Capt
Trofinoff presented him with a certificate of appreciation. He also presented
Mr. Schmidt with a Battalion Coin, which, Captain Trofinoff stated, is
presented to someone who does a good act. Mr. Schmidt stated that it was an
honor to aid with the Troop
Drive and he couldn’t have
done it without help. Mr. Schmidt thanked everyone who was involved.
Presentation:
Morris Land Conservancy
Earl
Riley, of the Morris Land Conservancy, presented a plaque to the Township in
recognition of leadership in open space preservation. Mr. Riley stated that
the Township has worked with Morris Land Conservancy since 1998 and, as of this
date, has preserved over 250 acres.
Presentation:
Roxbury Arts Alliance
Linda
McMahon, of the Roxbury Arts Alliance, explained what the Alliance is about and described events in which they participate.
Since 1997 they have given $6300 to over one dozen graduates who have pursued their
education in the Arts. The money for the scholarship is raised through the
annual concert which, this year, will be held on June 5th.
Capital
Budget
Mr.
Raths explained the re-capitalization financial schedule that he had placed on
the dais, which addressed questions asked by Council at previous meetings.
Discussion ensued regarding the financial schedule. Mr. Rilee stated that he
had also requested information on items that we are paying on through the
budget process, not through bonding. Mr. Raths will provide this information.
Deputy Mayor Schmidt stated that this is a good first step. Mr. Smith stated
that this was exactly what he was looking for and it is a great basis for
assessing items we are recapitalizing.
Information
Technology
The
GIS complaint monitoring was funded in the 2004 Capital Budget. The 2005
Capital has funds for additional modules. Mr. Kuncken, IT Director, introduced
Mr. D’Agostino, of Spatial Data Logic, who demonstrated the complaint
management system. Council discussed various aspects of the system with Mr.
D’Agostino. Mr. Hall stated that we must establish a good process for the
program to work. Mr. Kuncken advised that Planning/Zoning and the Tax Assessor
will be the first departments to utilize the system.
Mr.
Raths presented Council with a complete inventory of Mr. Kuncken’s equipment.
For the hardware upgrade there will be 10 PCs and 4 laptops for 2005.
Regarding the software upgrade, the complaint management system will go to
Engineering and the Township Manager’s office. Discussion ensued regarding
a computer for the Fire Department. Mr. Kuncken will look into this. Council
commended Mr. Kuncken for the savings that the Township will see in the phone
system upgrade.
Fire
Departments
Department
Chief John Hayowyk and Company #1 Chief, Adam Alberti, discussed the potential
purchase of a new truck to replace Engine 102 and Engine 105 at a cost of
approximately $400,000. Engine 102 is a 1986 Class A Pumper, is used as the
primary pumper, and responds to all calls. Rescue Pumper 105 is a 1995
International and, in order to upgrade the apparatus to meet the specifications
of OSHA for interior structural firefighting, the pump would have to be
replaced. The equipment from Engines 102 and 105 will be moved to the new
truck. Chief Alberti further explained why the Department needs the truck this
year and cannot wait until next year. Mr. Raths will provide Council with
information on the condition of the transmission of Engine 102. This matter will
be discussed further at a future meeting.
Regarding
the remaining capital budget discussions, Mr. Raths will have Mary Romance, Library Director, attend the next
meeting.
Deputy
Mayor Schmidt amended the Agenda to the Public Portion.
Public
Portion
There
was no public discussion.
At
9:10PM Council took a short break.
At
9:20PM Council reconvened the Regular Meeting.
APPROVAL
OF MINUTES
January 11, 2005 Regular - Hold
January 11, 2005 Executive
January 25, 2005 Executive
A
motion was made by Mr. Rilee to approve the Minutes of January 11, 2005, Executive Session and January 25, 2005, Executive Session. Ms. Urgo seconded
the motion.
Roll
Call:
Mr.
Rilee – yes Ms. Urgo – yes
Mr.
Ciaramella – yes Mr. Hall – yes
Mr.
Smith –yes Deputy Mayor Schmidt – yes
Motion
carried 6 - 0
PUBLIC
PORTION
REPORTS
OF COUNCIL LIAISON REPRESENTATIVES, COUNCIL COMMITTEES AND NEW BUSINESS/OLD
BUSINESS
Procurement
Policy
Mr.
Bucco advised that progress is being made.
Hercules Monument
Mr.
Raths advised that he spoke with Mr. Cramond, who indicated that all changes
have been made. This should be ready for early spring.
Appointments
Lake Musconetcong Regional Planning Board: 1 Member,
4-year Term (Mayor Appointment).
Citizens
Cable Committee: 1 Member, 2-Year Term (Council appt.) – Hold for Future
Meeting
Economic
Development Committee: Un-expired Term of Russell Vanderbush - Mr. Hall will
provide Council with a name and number so they can contact the individual.
Rockaway River Watershed Cabinet - 1 Member, 1-year term
– Hold for Future Meeting
Mr.
Smith advised that the Open Space Committee is making progress on outstanding
property closings. They are attempting to identify targets for acquisition.
Mr.
Smith attended the recent Economic Development Committee meeting. They are
looking at different ideas that can be done to work on redevelopment and
potential development of commercial sites.
Ms.
Urgo advised that Tom Edmunds, Trails Committee Chairman, will meet with Morris
Land Conservancy regarding the vision statement and goals for the trail. The
major kickoff meeting will be held on March 19th.
Ms.
Urgo stated that the Township has not done a storm water ordinance that would
allow us to require the regulations to be applied to commercial applications of
a certain size. Mr. Raths advised that Mr. Kobylarz is working on this and
will provide information to Mr. Bucco so he can draw up an ordinance.
Ms.
Urgo stated that the new COAH regulations allow the municipal to raise
affordable housing fees associated with development. Mr. Bucco will check into
this and if possible, we will increase the fees.
Mr.
Rilee questioned if a DPW meeting has been set up. Mr. Blood advised that the
demolition specifications have been written and are under review. The architect
should provide a preliminary design and cost estimate with the next week and
then a meeting will be scheduled.
Mr.
Rilee would like a meeting scheduled for the 9/11 Memorial Committee. Mr.
Ciaramella advised that he spoke to the Rotary Club today and a meeting will be
set up.
Mr.
Rilee advised that he has some names for the Main Street Streetscape
Committee. Mr. Raths recommended that Council adopt a charge, make the terms
specific and appoint members. This will be discussed later in the meeting.
Mr.
Rilee advised that the pavement at the Eyland
Avenue (Northbound)/ Route
10 intersection is in poor condition. Mr. Blood will look into this.
Mr.
Hall stated that he attended the Board of Education meeting where they
discussed the special education improvement plan. There is a newsletter,
“The Eclipse”, in which the Challenger program may be able to link into to
increase enrollment in the programs.
Mr.
Hall stated that, with the new COAH regulations, it does not look like the
Township will have to have additional units for this round. We have $1.5 mil
in the current fund and Mr. Hall questioned how this is invested. Mr. Raths
advised that it is in the State trust. Mr. Hall would like an update as to how
much is in the account. Mr. Raths will provide this information to Council.
Deputy
Mayor Schmidt advised the next Neighbors Helping Neighbors will be held on
March 12th. Volunteers are needed.
Deputy
Mayor Schmidt attended the Fire Department meeting and he passed on comments
for Mr. Raths to handle. Mr. Schmidt would like to see communications improved
with the Department.
Mr.
Raths advised that he met with Rotary regarding the sign to be placed at the
entrance to Horseshoe Lake commemorating 100 years of Rotary.
Rotary will place a pole to indicate the location of the sign.
Mr.
Raths attended the DARE graduation last night. He thanked Patrolmen Glenn
Gordon, Randy Brands and Brian Feeney for their excellent work.
MATTERS
REQUESTED/REFERRED BY COUNCIL MEMBERS, MANAGER, ATTORNEY OR CLERK
A. Letter
from Roxbury Little League requesting parade date.
B. Application
for Special Permit for Social Affair by St. Therese CYO Basketball.
C. Application
for Raffles License No. RA: 1232 by St. Therese Church.
D. Application
for Raffles License No. RA: 1233 by St. Therese Church.
A
motion was made by Mr. Rilee to approve Items A through D. Ms. Urgo seconded
the motion.
Roll
Call:
Mr.
Rilee – yes Ms. Urgo - yes
Mr.
Ciaramella – yes Mr. Hall – yes (abstain on B, C and D)
Mr.
Smith – yes Deputy Mayor Schmidt – yes
Motion
carried 6 – 0 with one abstention on Items B, C and D
E. Draft319(h) grant letter for NJ DEP
Council
would like a review of the report and would like to know the cost if the
Township supports the report. Mr. Raths stated that the maintenance cost on
the structure needs to be determined and he will have the Engineering
Department look at it. Mr. Raths will redraft the letter and bring it back to
Council at the February 22nd meeting.
F. Main
Street Streetscaping Committee (Manager’s charge already submitted.)
It
was suggested that the Committee would consist of Ms. Urgo, Mr. Rilee, Mr.
Ciaramella, a representative of both churches on Main Street,
a representative of the Library Board, Dr. Tighe, Tria Larmand, a resident of Roxbury Township and one or two other members of the
public. Mr. Raths will send letters to the churches and the Library Board
requesting that they pick a member for the committee. This will be discussed
further at a future meeting.
INTRODUCTION
OF PROPOSED ORDINANCES
07-05 An ordinance to amend and supplement
Chapter VII, Traffic of the Revised General
Ordinances of the Township of Roxbury, County of Morris
and State of New Jersey (Speed on Mountain Road)
A
motion was made by Ms. Urgo to introduce Ordinance 07-05. Mr. Hall seconded
the motion.
Roll
Call:
Ms.
Urgo –yes Mr. Hall – yes
Mr.
Ciaramella – yes Mr. Rilee – yes
Mr.
Smith –yes Deputy Mayor Schmidt – yes
Motion
carried 6 – 0
08-05 An ordinance amending Chapter XXIII,
Fees, Section 23-11, Municipal Court Fees, of the Revised General Ordinances of
the Township of Roxbury
A
motion was made by Ms. Urgo to introduce Ordinance 08-05. Mr. Rilee seconded
the motion.
Roll
Call:
Ms.
Urgo – yes Mr. Rilee – yes
Mr.
Ciaramella – yes Mr. Hall – yes
Mr.
Smith – yes Deputy Mayor Schmidt – yes
Motion
carried 6 – 0
HEARING
AND ADOPTION OF ORDINANCES ON SECOND READING
06-05 An ordinance amending Chapter III, Police
Regulations of the Revised General
Ordinances of the Township of Roxbury. (Prohibit water discharge)
A
motion was made by Ms. Urgo to open Ordinance 06-05 to the public. Mr. Smith
seconded the motion.
Roll
Call:
Ms.
Urgo – yes Mr. Smith – yes
Mr.
Ciaramella – yes Mr. Hall – yes
Mr.
Rilee – yes Deputy Mayor Schmidt – yes
Motion
carried 6 – 0
Mr.
Davenport, Eyland Avenue, spoke in favor of the Ordinance. He
requested clarification on how residents can get the water into the drains.
Mr. Raths stated that the alternative is to either redirect the water somewhere
on their own property or extend the storm service to where they can discharge.
Regarding
the Main Street Streetscape Committee, Mr. Davenport suggested that the
Township include a representative from Davis & Hepplewhite Funeral Home.
A
motion was made by Mr. Smith to close Ordinance 06-05 to the public. Ms. Urgo
seconded the motion.
Roll
Call:
Mr.
Smith – yes Ms. Urgo – yes
Mr.
Ciaramella – yes Mr. Hall – yes
Mr.
Rilee – yes Deputy Mayor Schmidt – yes
Motion
carried 6 – 0
A motion was
made by Ms. Urgo to adopt Ordinance 06-05. Mr. Smith seconded the motion.
Mr.
Rilee stated that he is voting no. He agrees that something needs to be done,
but this is too sweeping and he does not feel this is the correct way to go.
Roll
Call:
Ms.
Urgo – yes Mr. Smith – yes
Mr.
Ciaramella – yes Mr. Hall – yes
Mr.
Rilee – no Deputy Mayor Schmidt – yes
Motion
carried 5 – 1
INTRODUCTION
AND ADOPTION OF RESOLUTIONS
05-61 A resolution incorporating by reference
herein and approving the following numbered
resolutions listed on the regular council
meeting agenda for this date: 05-62, 05-63, 05-64, 05-65, 05-68
A
motion was made by Mr. Rilee to adopt Resolution 05-61. Ms. Urgo seconded the
motion.
Roll
Call:
Mr.
Rilee – yes (recuse on check #34672) Ms. Urgo – yes (recuse on check
#34607)
Mr.
Ciaramella – yes (recuse on checks #34605, 34608)
Mr.
Hall – yes Mr. Smith – yes (recuse on check #34615)
Deputy
Mayor Schmidt - yes
05-62 A resolution amending the membership of
the Township Fire Department
05-63
A resolution authorizing a refund of application fee. (All Tune & Lube)
05-64 A resolution authorizing the award of a
Professional Architectural Services Contract to
Gates Architectural Design, Inc. for the
Fire Company No. 2 Annex Building Expansion Project
05-65
A resolution authorizing the refund of taxes
05-68 A
resolution authorizing payment of bills
05-66 A
resolution authorizing the award of a lease to Viacom Outdoor, Inc. for outdoor
advertising on billboards located on the
Township’s property known as Block 8501, Lot 5 (Routes 46 and 10) in the
Township of Roxbury
Council
discussed the possibility of changing the time length of the lease from 10 to 5
years. Mr. Bucco advised that it would not be possible unless the Township
rejected the bids. Ms. Urgo stated that there is an item pertaining to this
resolution that she would like to discuss in Executive Session. Council will
consider the Resolution after the Executive Session.
05-67 A
resolution authorizing the award of a contract for repairs to Berkshire Valley
Nutrition
Center Floor to Cole’s Carpet
Mr.
Raths will contact the County Administrator regarding the County being
responsible for the capital upkeep of the building. He will attempt to either
amend this lease, or make it effective upon renewal of the lease.
A
motion was made by Ms. Urgo to adopt Resolution 05-67. Mr. Ciaramella seconded
the motion.
Roll
Call:
Ms.
Urgo – yes Mr. Ciaramella – yes
Mr.
Hall – yes Mr. Rilee – yes
Mr.
Smith – yes Deputy Mayor Schmidt – yes
Motion
carried 6 - 0
PERSONNEL
CHANGES
Judy
Riley memo dated February 3, 2005.
COMMUNICATIONS
February
4, 2005
#3
– Correspondence from Jack Lettiere, NJDOT, re: Application for NJDOT Fiscal
Year 2006 Municipal Aid, Local Bikeway, Safe Streets to Schools, Transit
Village and Center of Place Programs – Mr. Raths is meeting with the grants
team this week and put a list together.
#6
– Correspondence from Susan Zellman, Housing Partnerhsip for Morris County, re:
Securing Financing for Proposed Group Home in Roxbury Township – Mr. Raths will
speak with Susan Zellman for clarification on the last paragraph of her letter regarding
what is meant by serious mental illness.
#9
– Correspondence from Thomas Prettyman, NJDOT, re: Speed Limits, Hillside
Avenue (CR #619) – Mr. Raths will send a letter to the County advising that
there are other schools on Hillside Avenue.
#11
– Roxbury Township Economic Development Committee Agenda, January 27, 2005 -
Mr. Raths will check with Lucinda Taterka to confirm that she has the correct
email addresses for the members of the Committee.
#12
– DRAFT 2005 Periodic Reexamination Report of the Master Plan and Development
Regulations and Master Plan Amendments, Roxbury Township – The Clerk’s Office
will reissue the census data to Council.
#22
– Correspondence from Eugene Chebra, NJDEP, re: Municipal Stormwater Regulation
Program, Stormwater Grant Amount $14,110 – There is a difference in the amount
of the check and the grant amount. We will receive the rest of the money.
#24
– Correspondence from Annette & Martin Brooks, re: Contribution for son to
attend the National Junior Leaders Conference – A copy of this letter will be
sent to ROMAC, PBA and other civic organizations. Mr. Raths will send a letter
to Mr. and Mrs. Brooks advising them that the Township cannot contribute.
PUBLIC
PORTION
Don
Avjean, Viacom, advised that it was taken into consideration that the existing
structures are existing non-conforming structures, not only in the Township,
but also in the State of NJ under the DOT and the structures belong to Viacom.
Should the structures be removed, there is a possibility that they may be able
to be reconstructed by another company. He further advised that the DOT
inspects every sign location to ensure that it meets with their regulations. If
it does not, it can affect highway funding. Mr. Avjean stated that percentages
were placed in the bid guaranteeing the Township that, if Viacom’s rates go up,
the Township would continue to see an increase. If Viacom’s rates went down,
the Township would still see an increase. Mr. Avjean stated that Viacom
presently has a variance before the Township Board of Adjustment, which they
have had for four years. They have a location on Route 10, which they are not
expanding, but they have four signs they are trying to convert into two signs.
Mr. Raths advised that Viacom will be maintaining landscaping on the entryway
sign and, when there is billboard space, it can be used for Township
messages.
EXECUTIVE
SESSION
05-69 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 Ms. Urgo to adopt Resolution 05-69. Mr. Smith seconded the
motion.
Roll
Call:
Ms.
Urgo –yes Mr. Smith – yes
Mr.
Ciaramella – yes Mr. Hall – yes
Mr.
Rilee – yes Deputy Mayor Schmidt – yes
Motion
carried 6 – 0
At
10:40 PM Council went into Executive Session.
At
11:19PM Council returned to the Regular Meeting.
05-66 A resolution authorizing the award of a
lease to Viacom Outdoor, Inc., for outdoor advertising on billboards located
on the Township’s property known as Block 8501, Lot 5 (Routes 46 and 10) in the
township of Roxbury
A
motion was made by Mr. Rilee to adopt Resolution 05-66. Mr. Smith seconded
the motion.
Roll
Call:
Mr.
Rilee – yes Mr. Smith – yes
Mr.
Ciaramella – (left meeting during Executive Session)
Mr.
Hall – yes Ms. Urgo – (left meeting during Executive Session)
Deputy
Mayor Schmidt – yes
Motion
carried 4 – 0
ADJOURNMENT
At 11:20 PM a
motion was made by Mr. Smith to adjourn the Regular Meeting. Mr. Rilee
seconded the motion.
All
In Favor - yes
Submitted By:
_________________________
BettyLou
DeCroce
Township
Clerk
MINUTES
APPROVED BY COUNCIL
DATE:
ROLL
CALL: