February 22, 2005
A
Workshop Meeting of the Township Council of the Township of Roxbury was held on
February 22, 2005 at 1715 Route 46, Ledgewood, New Jersey at 7:30 PM.
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): Councilmen
Fred Hall, Jim Rilee, Martin Schmidt, Tim Smith and Mayor Richard Zoschak
Also Present:
Christopher Raths, Township Manager; Robert Oostdyk, Township Attorney’s Office
and Janet Rieth Deputy Township Clerk
Councilman John
Ciaramella was absent due to illness.
Councilwoman
Sandy Urgo arrived at 7:35
PM.
REPORTS OF
COUNCIL LIAISON REPRESENTATIVES, COUNCIL COMMITTEES AND NEW BUSINESS/OLD
BUSINESS
New Business
Proclamation:
March 2, 2005 as “Read Across America”
Mayor Zoschak
read the proclamation endorsing March
2, 2005 as NEA’s Read
Across America and Read Across America-NJ Day.
Proclamation:
March 2005 as “Youth Art Month”
Mayor Zoschak
read the proclamation declaring March 2005 as Youth Art Month.
Mr. Smith
advised that the Township Water/Sewer Committee met last Friday. They reviewed
the potential Wellfleet Development and its impacts on the Township water
system and preparing a memorandum for their engineers and the Township
Planning Board so they can work on the phasing of the development.
Mr.
Rilee stated that he would like a more comprehensive report from the Water
Committee as to what has taken place so that Council would have an update.
Mr.
Rilee requested that Mr. Raths look into the possibility of a left turn lane on
Eyland Avenue going into the Eisenhower Middle
School. This could be
done during the repaving project. Mr. Raths will speak with the Engineering
Department.
Mr.
Rilee questioned the time frame on Mr. Arminio being off of the Gottdeiner
property. Mr. Oostdyk stated that the Attorney for the property owner advised
that Mr. Arminio should be out by the end of April.
Regarding
the overexpended line items for the Equipment and Repair Department, Ms. Urgo
questioned if the items that appeared to be over the bidding threshold, were
under State contract. Mr. Raths will get back to Council.
Mr.
Schmidt advised that March 12th is the Neighbors Helping Neighbors
luncheon at the Senior Center. This is a program for the needy
families in the Township. If anyone would like to volunteer, they can contact
Mr. Schmidt.
Mayor
Zoschak advised that Carl Post, a Township Firefighter, passed away this week
and expressed condolences to the family.
Mayor Zoschak
stated that, while he was away, he listened to tapes of the Council meetings
and he was able to hear everyone.
Mayor
Zoschak requested an update on the 9/11 Memorial. Mr. Ciaramella has set up a
meeting, so the Mayor will check with him.
Mayor
Zoschak advised that the Council photo will be taken on March 8th.
Mr. Raths
advised that he placed a draft letter on the dais tonight regarding the grant
for the large detention basin. Mr. Raths revised the letter and took out any
references to the report that was done. Council will review the letter and
advise Mr. Raths of any changes they may have. Mayor Zoschak advised that this
will become part of our storm water management plan.
Mr.
Raths advised that the high school will be placing artwork in the building
during the month on March. The Township will have a say as to what type of
artwork is shown.
Old Business
Procurement
Policy
No Discussion
Appointments
Lake
Musconetcong Regional Planning Board: 1 Member, 4-year Term (Mayor Appointment)
– Will be placed on the next Agenda
Citizens Cable
Committee: 1 Member, 2-Year Term (Council appt.) – Will be placed on the next
Agenda
Economic
Development Committee: Un-expired Term of Russell Vanderbush – Will be placed
on the next Agenda
Recreational
Advisory Board: 1 Member, 3-year term – This position was previously filled
Rockaway
River Watershed Cabinet - 1 Member, 1-year term – Will be placed on the next
Agenda
Capital
Budget
Mr.
Raths explained that there are two issues still pending on the Capital Budget.
One is whether the Council would like to look at the idea that the $1.1 million
that we are currently appropriating at for every year is sufficient for the
needs of the Township. The second issue is whether to purchase the fire truck
for Company No. 1 this year to replace pumpers 102 and 105. There does not
seem to be an impending issue with the transmission of pumper 102 at this time.
Ms.
Palmieri, Chief Financial Officer, presented Council with a breakdown of road
and drainage improvements and advised that the Township has spent $2.18 million
over the last 6 years. Ms. Palmieri also presented Council with a minor
capital equipment list, with backup on the items listed, which the Council
requested at the last meeting.
Ms.
Palmieri advised that she revised the debt service schedules that were provided
to Council a couple of weeks ago. There are still two scenarios, $1.1 million
in bond anticipation notes issued each year versus $1.5 million.
Mayor
Zoschak requested that Mr. Raths explain to the public what Council is
attempting to accomplish. Mr. Raths explained that the Township is attempting
to justify the Capital spending limit from borrowing $1.1 million, to up to
$1.5 million. Given the size of the Township, we should be recapitalizing more
than we are at the present. This would not dramatically affect the tax rate.
If we were to stay at the $1.1 million, the Township could not afford to
purchase equipment that is necessary and still accomplish our other capital
projects.
Operating
Budget
This will be
discussed on March 1st.
PUBLIC
PORTION
Robert
Kluska, Emmans Road, spoke regarding the maintenance of detention basins and
advised that the basin at Alexandria Estates has never been maintained. Mr.
Raths explained that some are maintained on a regular basis and some are
allowed to go to a more vegetative state. Mr. Raths will have someone look
into this particular basin.
Peter
Bartek, 9 Old Traveled Way, Ledgewood, questioned how the Planning Board
Engineer is hired. He was advised that the Planning Board hires their own
Engineer and his services are paid for by the applicants. Mr. Bartek stated
that he feels the position should go out to bid so that the same engineer does
not get hired each year.
Mr.
Bartek stated that he owns property in the Township on which All Tune &
Lube is located. He has had limousines parked at this property and was told by
the Township that they would have to be removed. He would like other
properties in the Township to also be asked to remove vehicles that should not
be on the property. Mr. Raths requested that Mr. Bartek give him the names of
the properties and he will have Mr. Potere, Township Zoning Officer, look into
this. Mr. Raths further advised that some of the businesses predate the
ordinances and nothing can be done until there is a change in ownership.
Mr.
Bartek spoke about the water pollution in his well from Kingtown Diesel. He
was advised that the Township has spent many years doing everything that can be
done to have this property cleaned up. Mr. Raths advised that this is a State
DEP issue and he will ask the State to go back out and address the issue.
Mr.
Bartek stated that, when he met with Mr. Raths, he requested an interpretation
on a specific zoning ordinance, pertaining to the number of vehicles he can
have on his property (All Tune & Lube). Mr. Raths stated that he provided
this interpretation to Mr. Bartek, but he will provide it again in writing.
Dora
Grossman, 1911 Route 46, questioned that possibility of getting public water
into the area, since Kingtown Diesel has contaminated the water. Ms. Urgo
stated this is the first time she has heard of off site water pollution. Ms.
Grossman advised that the Health Department has known about it. Mr. Raths will
check with the Health Department and provide the history to Council.
Mayor
Zoschak amended the Agenda to Hearing and Adoption of Ordinance on Second
Reading
HEARING AND
ADOPTION OF ORDINANCES ON SECOND READING
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 open Ordinance 02-05 to the public. Mr. Schmidt seconded
the motion.
Roll Call:
Mr. Rilee – yes Mr.
Schmidt – yes
Mr. Hall – yes Mr.
Smith –yes
Ms. Urgo – yes Mayor
Zoschak – yes
Motion carried 6
- 0
Marian
Casey, 5 Lakeshore Drive, stated that there was an attempt to drill a well
many years ago on the Muscarelle Tract and her well went dry at the time. She
does not want this to happen again. Mayor Zoschak advised that this will be
city water, not wells.
Bob
Kurtz, 6 Joyce Drive, stated that this issue could have been settled the first
time, instead of it going to Court. He also stated that senior citizens need
something like this and urged Council to vote to approve this Ordinance
Barbara
Kinback, 586 Dell Road, Landing, urged Council to approve this Ordinance and
stated that too much has been wasted on legal fees.
Edward
Dobbins, Reger Road, Succasunna, agreed that the Council should approve this
Ordinance and not spend any more tax dollars.
Gary
Behrens, 195 Drake Lane, Ledgewood, urged Council to vote yes.
Pete
Bartek, Old Ledgewood Road, Ledgewood urged Council to approve the Ordinance.
Shawn
Daily, 5 Wright Court, Succasunna, also urged Council to approve the Ordinance.
A motion was
made by Mr. Rilee to close Ordinance 02-05 to the public. Mr. Schmidt seconded
the motion.
Roll Call:
Mr. Rilee – yes Mr.
Schmidt – yes
Mr. Hall – yes Mr.
Smith – yes
Ms. Urgo – yes Mayor
Zoschak – yes
Motion carried 6
– 0
A motion was
made by Mr. Rilee to adopt Ordinance 02-05. Mr. Schmidt seconded the motion.
Ms. Urgo read
the attached statement as to why she will not vote for Ordinance 02-05.
Mr.
Rilee stated that the Township has met its COAH obligation and we have a
surplus; however this suit is based upon something that began in 1989. He
supported settling this when it first came before Council. Mr. Rilee further
stated that this has never been discussed as an open space site, it was always
discussed as the zoning of the property. The Judge said this site is not
conducive to commercial and it would be better served as residential and this
has been approved since 1989. This is not about fear, bur rather about what is
in front of us in a court order. This is a proposal that would make things a
lot better. There is now a piece of property, approximately 57 acres, that is
going to be built in a much smaller scale than what was proposed. Three
buildings viewed from Route 80 is much better than 285 units, or 235 units
spread over the mountainside. There are two ordinances from which the
developer is getting relief, which are the two that are most at risk from
litigation of any kind and they are the tree ordinance and the steep slope
ordinance. With the settlement we will be preserving more steep slopes and
more trees than if we allow it to go forward in the format that has been
approved. We will be receiving 3-1/2 acres donated to the Township over two
parcels. The concept plan that is before Council this evening leaves over 60%
as a conservation easement, saving steep slopes and ridgelines. Impervious
coverage is under 16% of the site. There is 20% set aside for senior housing,
low and moderate, which is a plus for the seniors. Mr. Rilee feels that 3
buildings versus the proposed 285 town homes is significantly less harmful to
this site as a whole and aesthetically more attractive that what is being
proposed under the original site plan. Mr. Rilee stated that if this had been
settled 15 months ago, the taxpayers would have been saved one tax point.
Mr.
Smith stated that there are three separate alternatives on the table. The first
is commercial zoning, which would be the ideal solution and what the Township
would have preferred. The second option is the zoning that existed prior to
the change, which would allow 285 units on the site. The third option is the
settlement, which is approximately 260 units, 3 large buildings, on a
relatively small part of the overall site. Mr. Smith stated that, when legal
counsel gives advice, it is typically more prudent to follow it, even though
it’s not exactly what you want. It would cost between $75,000 and $200,000 to
appeal and there is no guarantee of winning the appeal. This settlement sets up
things that are good for the Township. The benefit of the age-restricted
housing is that, basically, there would be no school age children and,
therefore, there would be no impact on the schools. Because of the low and
moderate component, there is a chance for seniors to stay in the Township. The
Watnong Mountain that Ms. Urgo referred to is a shear cliff. This property has
elevations, but they are gradual. Mr. Smith believes the municipality needs to
stand for fighting when it is prudent to fight and moving on when it is not and
this is a time to move on.
Mr.
Hall stated that this comes down to logic. We spent $200,000 and lost this
twice in court with two different judges. This property has been designated
as an affordable housing location since 1989. We will receive 52 additional
COAH units for future obligations, a reduction in number of units and a change
from market rate to age restriction. Looking at this logically, this is really
the only choice to make.
Mr.
Schmidt stated that we are trying to make the best of a bad situation and he
agrees that this is for the best for the Township.
Mayor
Zoschak stated that the next round of COAH has not come out yet and we will
need additional units. This puts units into that bank. There have been many
proposals from the developer and this was last option put on table. In Mayor
Zoschak’s opinion, this should have been settled 15 months ago.
Roll Call:
Mr. Rilee – yes Mr.
Schmidt – yes
Mr. Hall – yes Mr.
Smith – yes
Ms. Urgo – no Mayor
Zoschak – yes
Motion carried 5
- 1
At 9:15 PM
Council took a short break
At 9:35 Council
reconvened the Workshop Meeting
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 open Ordinance 03-05 to the public. Ms. Urgo seconded the
motion.
Roll Call:
Mr. Rilee – yes Ms.
Urgo – yes
Mr. Hall – yes Mr.
Schmidt – yes
Mr. Smith – yes Mayor
Zoschak – yes
Motion carried 6
- 0
Mr. Bartek, Old
Ledgewood Road, questioned if there will be a vote on this Ordinance tonight.
Council advised that it will be adopted tonight.
Mr. Rilee
explained that this Ordinance allows self-storage facilities in a B1A zone, as
a conditional use on property over 5 acres.
Charles Alpaugh,
Eyland Avenue, questioned the street address of this location. Council advised
that it is west of Noah’s Ark on the north side of Route 46.
Peter
Bartek, Old Traveled Way, stated that traffic in the area is very bad. Mr.
Smith stated that in the planning process, when driveways are created,
engineers must testify as to site distance. If there are questions about
safety, something will have to be done. The Township is working to reduce the
potential for accidents in the area.
A motion was
made by Mr. Smith to close Ordinance 03-05 to the public. Mr. Rilee seconded
the motion.
Roll Call:
Mr. Smith –yes Mr.
Rilee – yes
Mr. Hall – yes Mr.
Schmidt - yes
Ms. Urgo – yes Mayor
Zoschak – yes
Motion carried 6
– 0
A motion was
made by Mr. Rilee to adopt Ordinance 03-05. Mr. Smith seconded the motion.
Roll Call:
Mr. Rilee – yes Mr.
Smith – yes
Mr. Hall – yes Mr.
Schmidt – yes
Ms. Urgo – yes Mayor
Zoschak – yes
Motion carried 6
– 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 open Ordinance 04-05 to the public. Ms. Urgo seconded the
motion.
Roll Call:
Mr. Rilee – yes Ms.
Urgo – yes
Mr. Hall – yes Mr.
Schmidt – yes
Mr. Smith – yes Mayor
Zoschak – yes
Motion carried 6
- 0
Council
explained that Ordinance 03-05 amends the B1A zone to allow self-storage
facilities and Ordinance 04-05 advises how the zoning map will be changed to
reflect the additional B1A properties.
A motion was
made by Mr. Rilee to close Ordinance 04-05 to the public. Ms. Urgo seconded
the motion.
Roll Call:
Mr. Rilee – yes Ms.
Urgo – yes
Mr. Hall –yes Mr.
Schmidt –yes
Mr. Smith –yes Mayor
Zoschak – yes
Motion carried 6
– 0
A motion was
made by Mr. Rilee to adopt Ordinance 04-05. Ms. Urgo seconded the motion.
Roll Call:
Mr. Rilee – yes Ms.
Urgo – yes
Mr. Hall – yes Mr.
Schmidt – yes
Mr. Smith – yes Mayor
Zoschak –yes
Motion carried 6
– 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 Mr. Rilee to open Ordinance 05-05 to the public. Mr. Schmidt seconded
the motion.
Roll Call:
Mr. Rilee – yes Mr.
Schmidt – yes
Mr. Hall – yes Mr.
Smith – yes
Ms. Urgo – yes Mayor
Zoschak – yes
Motion carried 6
– 0
There was no
public comment.
A motion was
made by Mr. Rilee to close Ordinance 05-05 to the public. Mr. Smith seconded
the motion.
Roll Call:
Mr. Rilee – yes Mr.
Smith – yes
Mr. Hall – yes Mr.
Schmidt – yes
Ms. Urgo – yes Mayor
Zoschak – yes
Motion carried 6
– 0
A motion was
made by Mr. Rilee to adopt Ordinance 05-05. Mr. Smith seconded the motion.
Roll Call:
Mr. Rilee – yes Mr.
Smith – yes
Mr. Hall –
abstain Mr. Schmidt – no
Ms. Urgo – yes Mayor
Zoschak – yes
Motion carried 4
– 1 with one abstention
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 open Ordinance 07-05 to the public. Mr. Hall seconded the
motion.
Roll Call:
Ms. Urgo – yes Mr.
Hall – yes
Mr. Rilee – yes Mr.
Schmidt – yes
Mr. Smith –yes Mayor
Zoschak – yes
Motion carried 6
– 0
There was no
public comment.
A motion was
made by Mr. Rilee to close Ordinance 07-05 to the public. Ms. Urgo seconded
the motion.
Roll Call:
Mr. Rilee – yes Ms.
Urgo – yes
Mr. Hall –yes Mr.
Schmidt – yes
Mr. Smith – yes Mayor
Zoschak – yes
Motion carried 6
– 0
A motion was
made by Mr. Hall to adopt Ordinance 07-05. Mr. Schmidt seconded the motion.
Roll Call:
Mr. Hall –yes Mr.
Schmidt – yes
Mr. Rilee – yes Mr.
Smith –yes
Ms. Urgo – yes Mayor
Zoschak – 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 Mr. Rilee to open Ordinance 08-05 to the public. Mr. Smith seconded
the motion.
Roll Call:
Mr. Rilee – yes Mr.
Smith – yes
Mr. Hall – yes Mr.
Schmidt – yes
Ms. Urgo – yes Mayor
Zoschak – yes
Motion carried 6
– 0
There was no
public comment.
A motion was
made by Mr. Rilee to close Ordinance 08-05 to the public. Ms. Urgo seconded
the motion.
Roll Call:
Mr. Rilee – yes Ms.
Urgo – yes
Mr. Hall – yes Mr.
Schmidt – yes
Mr. Smith – yes Mayor
Zoschak – yes
Motion carried 6
– 0
A motion was
made by Mr. Rilee to adopt Ordinance 08-05. Mr. Schmidt seconded the motion.
Roll Call:
Mr. Rilee – yes Mr.
Schmidt –yes
Mr. Hall - yes Mr.
Smith –yes
Ms. Urgo – yes Mayor
Zoschak – yes
Motion carried 6
- 0
MATTERS
REQUESTED/REFERRED BY COUNCIL MEMBERS, MANAGER, ATTORNEY OR CLERK
A. Request to waive fees for Transitory
Amusements license for St. Therese
Summer
Kick-Off Carnival 2005
A motion was
made by Ms. Urgo to approve Item A. Mr. Rilee seconded the motion.
Roll Call:
Ms. Urgo – yes Mr.
Rilee – yes
Mr. Hall –
abstain Mr. Schmidt – yes
Mr. Smith – yes Mayor
Zoschak – yes
Motion carried 5
– 0 with one abstention
B. Contract
for donation of real estate by Denise Paturzo
The Mayor and
Township Clerk will sign the Contract.
C. Updated
ROSI list
Ms.
Urgo advised that the Hamilton Property should be listed as Kiwanis Park
addition and should also be listed as unfunded. Also, on Page 5, Exhibit 1 to
Declaration, Kiwanis Park/Levitt and Emmans Greenway should be listed as
unfunded.
A
motion was made by Ms. Urgo to approve the updated ROSI list, with the
corrections discussed. Mr. Smith seconded the motion.
Roll
Call:
Ms.
Urgo – yes Mr. Smith – yes
Mr.
Hall –yes Mr. Rilee – yes
Mr.
Schmidt – yes Mayor Zoschak –yes
Motion
carried 6 - 0
D.
Streetscaping, Main Street, Succasunna
Council
discussed the proposed membership of the Streetscaping Committee and agreed on
the following Committee membership:
3 Council
Members – Sandy Urgo, Jim Rilee and John Ciaramella
1 Representative
from the Library Board
1 Representative
from the Historic Advisory Committee
2 Merchants from
Main Street
2 Representative
from the churches on Main Street (1 from each church)
1 Resident at
large
2 Residents of
the affected portion of Main Street, Succasunna
Council members
will bring names to the March 8th meeting.
APPROVAL OF
MINUTES
January 11,
2005 Regular Meeting
January 25,
2005 Workshop Meeting
February 8,
2005 Executive Session – Hold
A motion was
made by Mr. Rilee to approve the Minutes of January 11, 2005 and January 25,
2005, with the corrections given by Council. Ms. Urgo seconded the motion.
Roll Call:
Mr. Rilee – yes Ms.
Urgo – yes
Mr. Hall – yes Mr.
Schmidt –yes
Mr. Smith –yes Mayor
Zoschak – yes
Motion carried 6
- 0
DRAFT
ORDINANCES FOR DISCUSSION
None
INTRODUCTION
OF PROPOSED ORDINANCES
09-05 Calendar year 2005 Ordinance to exceed the municipal budget
appropriation limits and to establish a CAP bank (N.J.S.A. 40a:4-45.14)
A
motion was made by Ms. Urgo to introduce Ordinance 09-05. Mr. Rilee seconded
the motion.
Roll
Call:
Ms.
Urgo – yes Mr. Rilee – yes
Mr.
Hall – yes Mr. Schmidt – yes
Mr.
Smith – yes Mayor Zoschak – yes
Motion
carried 6 – 0
10-05 An
ordinance authorizing the acquisition of certain real property, known as
Block 6501, Lots 9 and 10, more commonly known as 181
and 197 East Main Street, in the Township of Roxbury, county of Morris and
State of New Jersey (Riggs Property)
At this time Ms. Urgo stepped down due to a potential conflict of
interest.
A motion was made by Mr. Smith to introduce Ordinance 10-05. Mr. Hall
seconded the motion.
Mr. Rilee stated that he has a problem with the Township taking on the
responsibility of the property when he feels that the County or State would
have been a better facilitator.
Roll Call:
Mr. Smith – yes Mr. Hall – yes
Mr. Rilee – yes Mr. Schmidt –yes
Mayor Zoschak – yes
Motion carried 5 – 0
At this time Ms.
Urgo returned to the dais.
HEARING
AND ADOPTION OF ORDINANCES ON SECOND READING
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) – PREVIOUSLY DISCUSSED AND VOTED ON
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) – Previously Discussed and Voted On
04-06
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) – Previously Discussed and
Voted On
05-06
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) – Previously
Discussed and Voted On
07-06
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) – Previously Discussed and Voted On
08-05
An ordinance amending
Chapter XXIII, Fees, Section 23-11, Municipal Court Fees, of the Revised
General Ordinances of the Township of Roxbury
Previously Discussed and Voted On
DRAFT
RESOLUTIONS FOR DISCUSSION
None
INTRODUCTION
AND ADOPTION OF RESOLUTIONS
05-70
A resolution
incorporating by reference herein and approving the following
numbered resolutions listed on the
workshop council meeting agenda for this date: 05-71, 05-73, 05-74, 05-75,
05-76, 05-78, 05-80
A motion was
made by Mr. Rilee to adopt Resolution 05-70. Ms. Urgo seconded the motion.
Roll Call:
Mr. Rilee – yes Ms.
Urgo - yes
Mr. Hall – yes Mr.
Schmidt – yes
Mr. Smith – yes Mayor
Zoschak – yes
Motion carried 6
– 0
05-71
A resolution
rescinding 2005-18 authorizing refund of Zoning Permit
monies
previously deposited with the Township of Roxbury for development matters
pursuant to Chapter XXIII (Land Use) of the Revised General Ordinances of the
Township of Roxbury
Mr. Raths will
provide Council with a memo as to why the money is being refunded.
05-72
A resolution amending
Resolution 2004-233 release of a Cash Performance
Bond
posted by Dr. Lloyd Kitchin for Tree Bond for site plan for property located on
Main Street, Succasunna, Block 332, Lot 3 – Pulled – Need Amount of Refund
05-73
A resolution
authorizing the acceptance of a sidewalk easement from Selmo
R.
Mino, across Lot 1 in Block 5003, located at New Jersey State Highway Route 10
and Commerce Boulevard (Hess Station)
05-74
A resolution amending
Resolution No. 04-373 that granted a sewer
allocation to Roxbury Development, LLC
for the Learning Experience located at 986 Route 46, Ledgewood, Block 6501, Lot
28
05-75 A
resolution authorizing the refund of taxes
05-76
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
05-78
A resolution
authorizing the acceptance of a cash bond for final site plan for
Trebour Cycle for property located on
Route 46, Block 8602, Lot 43
05-80 A
resolution authorizing payment of bills
05-77A
resolution authorizing the acceptance of a performance bond for
preliminary subdivision for Deerview
Estates for property located on Hillside Avenue, Block 4102, Lot 11
At
this time Mr. Smith stepped down due to a potential conflict of interest.
A
motion was made by Mr. Schmidt to adopt Resolution 05-77. Ms. Urgo seconded
the motion.
Roll
Call:
Mr.
Schmidt – yes Ms. Urgo – yes
Mr.
Hall – yes Mr. Rilee – yes
Mayor
Zoschak –yes
Motion
carried 5 – 0
At
this time Mr. Smith returned to the dais.
05-79
A resolution
authorizing the award of a contract to Corporate Heart Services
for the purchase of two (2)
semi-automatic defibrillators
The
certification will be amended to include the pediatric reduced energy
electrodes at $135.00 each.
A
motion was made by Mr. Smith to adopt Resolution 05-79 with the change as
discussed. Mr. Hall seconded the motion.
Roll Call:
Mr. Smith –yes Mr.
Hall –yes
Mr. Rilee – yes Mr.
Schmidt – yes
Ms. Urgo – yes Mayor
Zoschak – yes
Motion carried 6
– 0
COMMUNICATIONS
February 18,
2005
#7
– Correspondence from James Harding, Manager, Bureau of Local Aid, District 1,
re: The Transportation Trust Fund Fiscal Year 2006 State Aid Program – Mr.
Raths will bring a recommendation on projects for this at the next meeting.
#14
– Draft Correspondence from Christopher Raths, to Jack Lettiere, Commissioner
of NJDOT, re: Access to Main Street from the Ledgewood Circle – Mr. Raths will
redraft the letter to include accident statistics and a statement in regards to
the commercial properties in the area.
#16
– Interoffice Memo from Lisa Palmieri, re: Housing Trust Fund – The Township
will let the Housing Partnership know and file the necessary papers to go to
$35,000 per unit.
#17
– Correspondence from James Bryce, re: River Park Villages Developer Agreement
$89,000.00 Debt – Mr. Oostdyk advised that, at the time the agreement was
reached, there was not enough money to pay.
#19
– Correspondence from the Morris County St. Patrick’s Day Parade Committee, re:
Invitation to Attend this Year’s Parade in Morristown on March 12, 2005 – Mr.
Smith will attend.
#23
– Correspondence from Lora Corica, re: Hot Tub Appeal – Mr. Raths will provide
Council with the original complaint letter.
#27
– Fax Correspondence from Assemblymen Merkt and Carroll, re: Nomination Form to
Nominate an Individual from our Community Whom You Believe has Performed an Act
of Kindness or Goodwill – Mayor Zoschak recommended that Sue Eisner be
nominated for all of the work she has done with the Boy and Girl Scouts.
#34
– Interoffice Memo from Christopher Raths, re: Information Update – Letter to
the State NJDOT regarding Gemini - Mr. Raths advised that Gemini went to the
State to obtain the road opening permit and they were told that it would take 7
or 8 months. They then went to the Planning Board and were informed that they
cannot start the site work until they have the permit. Gemini then went back to
the State requesting a pre approval letter to take to the Planning Board. The
State would only consider this if the Township made the request, which is the
letter that the Mayor will sign.
EXECUTIVE
SESSION
05-81
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. Rilee to adopt Resolution 05-81 for Executive Session. Ms. Urgo
seconded the motion.
Roll Call:
Mr. Rilee – yes Ms.
Urgo – yes
Mr. Hall – yes Mr.
Schmidt –yes
Mr. Smith – yes Mayor
Zoschak – yes
Motion carried 6
– 0
ADJOURNMENT
At 11:50 PM Mr.
Rilee made a motion to adjourn the Workshop Meeting. Mr. Smith seconded the
motion.
Submitted By:
_________________________
Township Clerk
MINUTES APPROVED BY COUNCIL
DATE: March 8, 2005
ROLL CALL: Mr. Rilee – yes Mr. Smith – yes
Mr.
Ciaramella – abstain Mr. Schmidt – yes
Ms.
Urgo – no Mayor Zoschak - yes