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        March 29, 2005

 

A Workshop Meeting was held by the Township Council of the Township of Roxbury on March 29, 2005 at 1715 Route 46, Ledgewood, New Jersey at 7:30 p.m.

 

Pledge of Allegiance Lead by Boy Scout Troop #188 and Boy Scout Troop #163.

 

Mayor Zoschak advised Council and the public that both Boy Scout Troops  were here this evening as part of their requirement to receive their Citizen’s Merit Badge.  Council thanked both troops for their participation this evening and their service to the community.

 

OPEN PUBLIC MEETING STATEMENT

Adequate notice of this meeting of the Township Council of the Township of Roxbury was given as required by the Open Public Meetings act as follows:  Notice was faxed to the Daily Record, the Newark Star Ledger and the Roxbury Register on January 5, 2005; notice was posted on the bulletin board in the main hallway of the Municipal Building on January 5, 2005.

 

ROLL CALL:  (Present) Councilwoman Sandy Urgo, Councilmen John Ciaramella, Fred Hall, Jim Rilee, Tim Smith, Martin Schmidt and Mayor Richard Zoschak

 

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

 

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

 

New Business

 

A.      Proclamation: Public Health Week: Mayor Zoschak read the Public Health Week proclamation and introduced Frank Grisi, Health Officer.  Mr. Grisi gave a brief statement and handed out to the Council packets, which contained information on public health and protecting your community.

 

B.     Presentation:  Library Department Update: Mary Romance, Township Librarian passed out to Council information pertaining to the Roxbury Public Library Statistics for 2004.  Ms. Romance explained that these measurements show the activity level of the library in 2004, and are among the many statistical measures submitted annually to the New Jersey State Library.  Council thanked Ms. Romance and did suggest that the statistics in the future should be based on not just the state but be based on Morris County statistically.

 

Councilman Hall advised the Township Attorney that a family member works for St. Theresa’s.  Mr. Bucco stated that Mr. Hall should step down because of a potential conflict of interest.  Mr. Hall stepped down from the dais.

 

C.     Presentation:  Rachel Manor Properties, LLC:  Mr. Louis Rago, Esq. was present representing Rachel Manor Properties.   Dean Cebula and Michael Cebula were there on behalf of the developer (Rachel Manor Properties, LLC). Representing St. Theresa’s Church was Father Davis and William J. Lovas, Esq.  Mr. Rago discussed with Council the difficulty they are having with trying to locate 30 age restricted housing units.  Mr. Rago stated that they have been before the Master Plan Committee for an extended length of time and the same problem still exists with the current zoning of the property.  The township land use ordinances do not  allow for age restricted units on the property.

 

Councilman Rilee stated that recently the township settled the Muscarelle litigation and authorized  age restricted units on the property.  Mr. Rilee further stated that additional age restricted units may not be needed.  Mr. Rago reminded Mr. Rilee that when they were before the Master Plan Committee they were looking for 60 units.  As of today’s meeting it has been reduced to 30 units.

 

Councilwoman Urgo stated that a new zone would need to be approved for this particular parcel of land.  Currently she does not feel that the township is ready at this point in time to entertain a zone change.   Another factor to be considered is the proposed realignment of Commerce Boulevard, which just recently was in the Star Ledger stating that they have allocated funding for the final stage of design.  Ms. Urgo stated that this major intersection would need to be considered in any plan to develop this parcel of land.

 

Councilman Schmidt questioned if these units are market rate units.  Mr. Rago stated that Mt. Laurel is a component to this.   Mr. Rago further felt that after additional conversations with the MasterPlan Committee the Council would probably be willing to discuss this issue further.

 

Councilman Smith stated that he has real concern as to whether Roxbury seniors will be able to actually afford the units.  Mr. Smith indicated that the density now being proposed is 5 units per acre.  In the alternative if the proposed units were assisted living units, which is allowed in this zone, there would be more than 5 per acre. Mr. Smith stated this  is cause for discussion. .  In Mr. Smith’s opinion the two important issues are the lesser density and the cost per unit.

 

Councilman Rilee questioned if any amenities are being proposed.  Mr. Rago stated not at this time but it will be discussed if this project can move forward.

 

Mayor Zoschak stated that he is not as concerned with the intersection issue but the affordability for seniors is important to him.

 

Father Davis stated that he has been a resident of Roxbury for 19 years and he is aware that the intersection does need to be addressed and will but, his concern is allowing for more senior citizens to remain in the community they have lived most of their lives.  Recently he was at Merry Heart Nursing Home and individuals there discussed this topic and the need for additional senior housing.

 

Councilman Rilee stated at this point it does need to go back to the Master Plan Committee since the number of units have been reduced to 30.  After their report is completed Council would then take a look at what needs to be done in the event the project is recommended to move forward.

 

Mayor Zoschak also stated that it is important for Russell Stern to submit any suggestions and reports he may have for Council to review.

 

Mr. Rago thanked Council and would be in touch with Mr. Stern to setup a date and time for the Master Plan Committee.

 

At this time Mr. Hall returned to the dais.

 

Old Business

 

Mayor Zoschak asked Councilmembers if there is any old business/new business.

 

Councilman Ciaramella requested an update on the proposed DPW Facility.  Mr. Raths stated that there is information and he will provide it to Council as soon as Mr. Blood completes the report.

 

Councilman Hall stated that he had a discussion with Freeholder Margaret Norstrom regarding the upgrade in the county computer system.  Mr. Hall stated that this is a positive step as he feels it will provide assistance to the upgrade of our system.  Further Mr. Hall stated that the county is receiving funding under the PETA Grant.  Mr. Hall also stated that the Computer Committee should be re-activated and he would like Mr. Raths to set up a meeting with Rob Kunken and the other committee members within the next week.

 

Councilman Hall stated that he attended the School Board meeting last evening and recommends that the public and Councilmembers  try to  attend one of the public budget information sessions.

 

Councilman Schmidt advised Council that the Cable Committee will be meeting next Thursday at 7:30 PM to review the Cable Contract.

 

Councilman Smith stated that there was a meeting of the Open Space Committee and discussion took place on the following properties:

 

Ms. Urgo stepped down from the dais, due to a potential conflict of interest.

 

                        Castellano Property – Is getting ready to close per Earl Riley, our consultant from Morris Land Conservancy.

 

                        Sweney Property – The Sweney property closing is waiting for a couple of things.  First, the state DEP has not yet sent us the “No Further Action” letter.  Second, an error was made by the MLC in calculating the amount necessary to close, for which Earl accepted responsibility.  The difference between the acquisition cost of the Sweney house and the sale price of the same house  was incorrectly calculated in the financing documents.  The township may need to increase its contribution by $36,000 in order to fund the closing. The barn on the property cannot be preserved after all, because the storage needs of the Historical Society for the wood are cost prohibitive.  Also NJ Water Supply will be a partner with the township to purchase the property.

                       

                        Gottdiener Property -  There are still barrels on the property that belong to Mr. Arminio.  Mr. Arminio is asking permission to move the items to his new property in Shippenport.  Council agreed that he should be permitted to move the  equipment to the new site.

 

                        Open Space Committee is updating the open space map but is waiting for the closing on the Gottdiner tract so it can be a part of the new map.

 

                        McNear Property – Discussion by the Open Space Committee on the Landing Road property has taken place.  Discussion took place as to spending some money to have a preliminary “limited appraisal” on the property.  Council agreed as long as it comes out of the open space fund.  The Open Space Committee is interested in the possibility of it being zoned for recreation and would like the Recreation Committee to give input on this property.  Earl Riley will obtain three quotes for an appraisal of the McNear tract.

 

                        Also, several potential acquisition targets were discussed.  Earl Riley stated that the Trails Committee had asked him to contact landowners that hold property that the Committee hopes to gain an easement on or have the township acquire.  Earl met with the daughter and son-in-law of the owner, and they are interested in a potential acquisition of a portion of their land.  Earl stated that he would get quotes for appraisals  and present them to the Open Space Committee. (The property referred to will be discussed later in Executive Session)

 

At this time, Ms. Urgo returned to the dais.

 

Councilman Smith also discussed the Water/Sewer Committee.  Mr. Smith stated that the Water

Capital Ordinance was put off until a report of all anticipated growth for the next several years is

evaluated which will include any additional improvements. 

 

Councilman Smith further discussed the MSA and a report with the sewer build out including the

Banisch property and COAH properties.  Also, Pine Street well was tested with a 72-hour pump

Test.  Engineering will be submitting a report for our next meeting.  Mr. Smith also stated that it

appears the MCMUA diversion permit will be issued within weeks.

 

Councilman Smith also stated that the MSA transfer of sewer gallonage from Stanhope to Netcong is being considered.

 

Councilwoman Urgo stated that the current spreadsheet for water should be viewed cautiously

as it only goes out six years.  Connection fees are the driving forces.

 

Councilwoman Urgo advised that on April 28, 2005 at 7:30 PM there will be a public input meeting of the trails committee.  All appropriate advertising will take place so if more than three Councilmembers attend it will be legal.

 

Councilman Rilee advised Mr. Raths, Township Manager that the pedestrian crossing sign at

Horseshoe Lake needs to be put back up.  Also, Mr. Rilee stated that the 911 Memorial

Committee is to meet with Rotary.

 

Councilman Rilee stated that the Capital Ordinance pertaining to Fire Company #3 is still

outstanding.  Mr. Raths will provide an update.

 

Councilman Rilee discussed the current situation on Berkshire Valley Road pertaining to the

transferring of materials from trucks to railcars.  This line belongs to the County.  Mr. Rilee

would like Mr. Raths to contact the County and ascertain the status of this situation.

 

Councilwoman Urgo stated that the cars are being parked near homes in Berkshire Valley and

graffiti is very visible from the cars.  Ms. Urgo felt that the cars could be parked on the rail line  at a different location.   Further, she would like Mr. Raths to look through the township records for any agreements.

 

Councilman Ciaramella stated that if the cars are stored on the track on West Dewey Avenue it

would be less offensive until this issue is resolved.  Mr. Raths will follow up with the County.

 

Mayor Zoschak stated that, at the Lake Hopatcong Commission meeting, he was advised that

the trout stocking of the lake will be reduced by 20%, but the County is helping.

 

Mayor Zoschak also stated that the 319 Funding for detention basins is not being offered to

Roxbury Township this year. 

 

Also, Mayor Zoschak stated that the LHC is undertaking a full-blown advertising campaign on lake friendly fertilizers.

 

Mayor Zoschak also advised that Mayor Ondish from Mt. Arlington wants to put a flashing sign on the fence entering Lake Hopatcong via Landing Road.  Council had concern with  such a sign and asked the Manager to research who actually owns the property in Landing where the fence is located.

 

Mayor Zoschak amended the order of business to the Public Portion.

 

Larry Brashard

Hopatcong

 

Mr. Brashard asked about the age limits for the development proposed by Rachel Manor Properties .  Mayor Zoschak advised that it would be 55 years or older and  no children under 19 years of age.

 

Mr. Church

Eyland Avenue

Succasunna

 

Mr. Church questioned the status of the resolution involving the Fire Department.  Mr. Raths

stated that it is being worked on.

 

Mr. Church questioned if the township has received the reports for LOSAP. Mr. Raths stated

that Ms. Palmieri, Chief Financial Officer has sent a notice to the Fire Company asking for the

numbers pertaining to LOSAP.

 

Charlie Alpaugh

Eyland Avenue

 

Mr. Alpaugh asked when  the report on the annex would be made available to the public. 

Mr. Alpaugh stated that an annex is needed and the Council should be trying to finalize

this report  so it can be discussed further.

 

Jim Lamanna

Kings Highway

 

Mr. Lamana stated that there are panels of fencing that need repair which abut the NJ Transit

Rail Yard, which is on township property.   Mr. Raths will have Mr. Blood take a look at the fence

and then update the council on it.

 

Mr. Wine

4 Holly Drive

Succasunna

 

Mr. Wine questioned resolution 05-85, and asked if they are lease/purchases.  Mr. Raths stated that they are.

 

Robert Kluska

Emmans Road

 

Mr. Kluska referenced Resolutions 05-109, 05-110, 05-111, and asked if the sidewalks will be

Installed in this area and will they be utilized.  The Council stated that the resolutions cover

projects which will benefit the township as well as the schools.

 

  1. Procurement Policy -  Mr. Bucco is working on it.
  2. Appointments

                                   i.      Lake Musconetcong Regional Planning Board: 1 Member, 4-year Term (Mayor Appointment) – Carry to next agenda.

                                 ii.      Rockaway River Watershed Cabinet - 1 Member, 1-year term and un-expired term of Tricia Fragale (1/1/05 > 12/31/05). – Carry to next agenda.

  1. Operating Budget (Overview—15 minutes)

 

Mr. Raths handed out an overview of the operating budget.  Council  requested a separate meeting  to discuss this.

 

Mr. Schmidt made a motion to advertise for a special budget meeting on April 5, 2005, at

7:30 PM.  Mr. Ciaramella seconded the motion.

 

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

                        Mr. Hall – Yes              Mr. Rilee – Yes

                        Mr. Smith – Yes          Ms. Urgo – Yes

                        Mayor Zoschak – Yes

 

Motion Carried 7 to 0

 

PUBLIC PORTION

Previously Held

 

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

  1. Request for Block Party by Stephanie Kooyenga.
  2. Request to waive application fees from Hillside Lutheran Brethren Church.
  3. Application for Raffles License No. RA: 1234 by Kiwanis Club of Roxbury-Succasunna.
  4. Application for Raffles License No. RA: 1235 by Noah’s Ark Animal Welfare Association, Inc.
  5. Application for Raffles License No. RA: 1236 by Noah’s Ark Animal Welfare Association, Inc.

 

Ms. Urgo made a motion to approve 6 A,C,D & E.  Mr. Hall seconded the motion.

 

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

                        Mr. Rilee – Yes            Mr. Schmidt – Yes

                        Mr. Smith – Yes          Mr. Ciaramella – Yes

Mayor Zoschak – Yes

 

Motion Carried :  7 to 0

 

APPROVAL OF MINUTES

March 8, 2005           Regular

March 15, 2005            Budget

 

Ms. Urgo made a motion to approve the minutes of 3/8/2005, Regular Meeting and  3/15/2005 Budget Meeting.  Mr. Rilee seconded the motion.

 

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

                        Mr. Ciaramella – Yes  Mr. Hall – Yes (recuse from 3/8/05)

                        Mr. Schmidt – Yes      Mr. Smith – Yes

                        Mayor Zoschak – Yes

 

Motion Carried 7 to 0 with one recusal on 3/8/05

           

February 1, 2005         Budget

 

Mr. Hall made a motion to approve the minutes 2/1/05 Budget Meeting.  Mr. Schmidt seconded the motion.

                                                                                                                                      

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

                        Mr. Ciaramella – yes   Mr. Rilee – Abstain     

Mr. Smith – Yes

                        Ms. Urgo – Abstain      Mayor Zoschak – Yes

 

Motion Carried 5 to 0 with 2 abstentions

 

DRAFT ORDINANCES FOR DISCUSSION

None

 

INTRODUCTION OF PROPOSED ORDINANCES                                                 

15-05    A bond ordinance to authorize the acquisition of new additional or replacement equipment and machinery and the making of various water system improvements in, by and for the Water Utility of the Township of Roxbury, in the County of Morris, State of New Jersey, to appropriate the sum of $353,900 to pay the cost thereof, to make a down payment, to authorize the issuance of bonds to finance such appropriation and to provide for the issuance of bond anticipation notes in anticipation of issuance of such bonds.

 

Mr. Rilee made a motion to introduce 15-05.  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 to 0

 

 

18-05    An ordinance to amend and supplement Chapter II, Administrative Code, Section 2-17, Officers and Employees Generally, of the Revised General Ordinances of the Township of Roxbury, County of Morris, State of New Jersey.

 

Mr. Rilee made a motion to introduce 18-05.  Mr. Schmidt seconded the motion.

 

Discussion ensued with regard to the typographical error for the title of Assessment Search Officer, which read 2140” instead of $2,140.00.  Also, the salary for Councilmembers reflected an increase for this year and Council had previously agreed to keep the amount at the same level as 2004.

 

Mr. Rilee rescinded his motion and Mr. Schmidt agreed to rescind his.

 

Mr. Rilee made a motion to introduce 18-05 as amended in the discussions.  Mr. Hall seconded the motion.

 

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

                        Mr. Ciaramella – Yes  Mr. Schmidt – Yes

                        Mr. Smith – Yes          Ms. Urgo – Yes

                        Mayor Zoschak – Yes

 

Motion Carried 7 to 0

 

HEARING AND ADOPTION OF ORDINANCES ON SECOND READING

11-05    An ordinance to amend and supplement Chapter XIII, Land Development Ordinance, Article VII, zoning Regulations, Section 13-7.8 General Provisions for All Zones, of the revised General Ordinances of the Township of Roxbury, County of Morris and State of New Jersey.  (Development Fees)

 

Ms. Urgo made a motion to open 11-05 to the public.  Mr. Rilee seconded the motion.

 

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

                        Mr. Ciaramella – Yes  Mr. Hall – Yes

                        Mr. Schmidt – Yes      Mr. Smith – Yes

                        Mayor Zoschak – Yes

 

Motion Carried 7 to 0

 

NO PUBLIC INPUT

 

Mr. Smith made a motion to close 11-05 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            Mr. Schmidt – Yes

                        Mayor Zoschak – Yes

 

Motion Carried 7 to 0

 

Mr. Smith made a motion to adopt 11-05.  Ms. Urgo seconded the motion.

 

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

                        Mr. Ciaramella – Yes  Mr. Hall – Yes

                        Mr. Rilee – Yes            Mr. Schmidt – Yes

                        Mayor Zoschak – Yes

 

Motion Carried 7 to 0

 

DRAFT RESOLUTION FOR DISCUSSION

None

 

INTRODUCTION AND ADOPTION OF RESOLUTION
 

05-96  A resolution incorporating by reference herein and approving the following numbered resolutions listed on the workshop council meeting agenda for this date:  05-97, 05-98, 05-99, 05-100, 05-101, 05-102, 05-103, 05-104, 05-105, 05-107, 05-108, 05-109, 05-110, 05-111, 05-112 (correct to Mayor/Clerk sign). (Ms. Urgo voted no on 05-112 and yes on the remaining resolutions in the incorporating resolution), 05-113, 05-114, 05-115. Resolution 05-106 (Pulled), 05-86 (added to agenda).

 

Mr. Rilee moved 05-96 with verification on resolution 05-98 per auto cad disk.  Mr. Smith  seconded the motion.

 

Roll Call:           Mr. Rilee – Yes (recuse chk #32560)                                                              

                          Mr. Smith – Yes       Mr. Ciaramella – Yes (recuse Chks. #35185, 35188)

                          Mr. Hall – Yes          Mr. Schmidt – Yes

                          Ms. Urgo – Yes (Objects to description of project in 05-112 Voted no on 05-112)

                          Mayor Zoschak – Yes

 

Motion Carried 7 to 0 w/two recusals & one no on 05-112)

 

05-85          A resolution authorizing the negotiation, execution and delivery of Lease-Purchase Agreement No. NJ-051702 with Tatonka Capital Corporation.

 

Mr. Smith stated that he was not ready to pass this resolution tonight.  Mr. Raths stated that the questioned asked tonight does that mean we cannot take advantage later on in regard to reducing or buying the vehicles later thereby reducing the budget.  Mr. Smith stated that is correct.  Mr. Raths stated that if we pass this tonight it does mean that we are obligation ourselves to the lease with first payment currently due this year.  Mr. Raths stated that he asked Lt. Kennedy to go back and look into this.  Mr. Raths stated that he has three proposals, but is only going over one that makes any sense.  If we purchase the lease tonight the leasing authority stated that they would hold with our first payment being due in January 2006.  Therefore, we could effectively reduce the budget by $30,000.00.  What this means we will be paying in arrears.  Mr. Raths stated that under this scenario we would pay $12,000 in interest where we would normally pay $9,000 in interest.

 

Mr. Rilee made a motion to approve resolution 05-85.  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 to 0

 

05-93    A resolution authorizing the settlement of Roxbury 80 LLC v Township of Roxbury et al, Docket No. MRS-L-1782-01PW.

 

Mr. Rilee made a motion to approve resolution 05-93.  Mr. Smith seconded the motion.

 

Discussion took place by Council at this time.

 

Ms. Urgo objected to 05-93, as she believes it is a tremendous mistake on the part of the township.

Ms. Urgo stated that on page 66, Items D & E do not agree that this is in-furtherance of providing affordable senior housing.  If it is built she does not believe the township will receive credit for it.  Ms. Urgo does not believe any affordable housing will be built on the site even though it states it in item D & E.  On page 67 Item 4 is one of the most objectionable because this is not a certified site and we just received our documents from COAH.  Also Ms. Urgo added that this is not listed as a certified site.   Ms. Urgo did state nor due we need it and we are certifying the site anyway.  Further, Ms Urgo stated that she disagrees within the agreement the reference to within a three year period if the owner/applicant does not file plans.  Or if they file plans and withdraw the plan within the three years of the date of the settlement the town council may at its option terminate the settlement agreement and rescind the ordinance. Ms. Urgo does believe that language in the agreement is contradicting.

 

Mr. Hall stated that on page 64-item 1 sub-item state (A) that the owner can build 260 owner/occupied condominiums.  Mr. Hall felt that it should state up to 260.  Mr. Bucco stated that this wording comes out of the ordinance and it is understood that they cannot build any more then 260 units. Mr. Bucco stated that the attorney representing the applicant, Mr. Carroll was present and could  comment on whether his client would accept the proposed changes.  Mr. Carroll felt that the language was accurate and Mr. Bucco agreed.  Mr. Hall questioned reference to land dedication and where it is in the agreement.  Mr. Bucco stated that there is reference on page 65, C & B states that the following property shall be deed restricted etc. and conservation easements.  Mr. Hall questioned that there was an agreement for a bus and wanted Mr. Bucco to confirm it is in the agreement.  Mr. Bucco stated that it is.  Mayor Zoschak also added that it reflects a new bus.  Mr. Hall further questioned Mr. Bucco that on page 68 item #5, do you feel that the wording, the defendant hereby agrees to take all action necessary and should we put in there to the best extent possible.  Mr. Bucco stated that he felt it was not necessary. 

 

Mr. Rilee stated that we have gotten away from these types of agreements.  Unfortunately, after some legal decisions that have gone against us, we have come across a settlement for a change that is not 100% in our interest, but certainly is not the worst thing that could happen on this site.  Mr. Rilee stated that we should build them now, whether we get credit for them or not, because he feels it is something that Roxbury seniors can take advantage of.  Also Mr. Rilee stated that he has always been in favor of low/moderate senior housing on this site versus court approved site with or without the COAH classification.  Further, Mr. Rilee stated that there is no evidence at this time that we will not receive COAH credit.  Mr. Rilee feels that, without going over the percentage of land saved etc., versus the court approved site, which consisted of 5 units per acre across the site, the Township will be in a much better situation if we sign the settlement agreement. 

 

Mayor Zoschak agreed with Mr. Rilee and stated that these units, the affordable units have to be built  in his opinion and his vote will reflect that they are going to be built on this project.  Mayor Zoschak stated that the seniors are constantly complaining of the lack of housing for them. 

 

Ms. Urgo questioned that in the document it states that in 3 years if they do not come in we can take it away even though it is a certified site.  Ms. Urgo questioned that by doing this document do we automatically make it a certified site.  Mr. Bucco stated not necessarily.  Mr. Bucco further stated it is all going to depend, there is a lot that needs to take place.  Mr. Bucco also stated that we may not get credit for some of the units but we can still build them.  The intent of this agreement is that if they do not develop this site within three years we have the right to change the zoning, further Mr. Bucco stated that if we have to litigate this he is confident in the Township’s position.

 

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

                        Mr. Hall – Yes              Mr. Schmidt – Yes

                        Mr. Ciaramella – Yes  Ms. Urgo – No

                        Mayor Zoschak – Yes

 

Motion Carried 6 to 1

 

05-97 A resolution of the Township Council of the Township of Roxbury, in the County of Morris, State of New Jersey, authorizing proceeding with the application from the Morris County Historic Preservation Trust Fund for the King Homestead Rehabilitation Project, 209 Main Street, Block 6408, Lot 1. 

 

05-98 A resolution authorizing a Professional Services Agreement with Keller and Kirkpatrick, Inc. to revise and update the municipal tax maps and GIS System.

 

05-99 A resolution authorizing the refund of taxes.

 

05-100 A resolution authorizing the award of a contract to Mancino Manufacturing Co., Inc. for repairs to Horseshoe Lake Community Center Gym / Teen Center.

 

05-101 A resolution authorizing the Mayor and Township Clerk to endorse the Declaration of Restriction for entire Highlands Open Waters and adjacent buffer for the Skyview Wastewater Treatment Plant, 31 Patricia Drive, Block 7801 Lot 1.

 

05-102 A resolution extending the current moratorium on new connections to the Township’s water system

 

05-103 A resolution urging the state of New Jersey too specifically prohibit the practice known as “engine braking”.

 

05-104 A resolution authorizing refund of zoning permit fee 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.

 

05-105 A resolution authorizing the refund of taxes.

 

05-106 A resolution objecting to the federal government’s cuts to Community Development Block Grant Funds.

 

05-107 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.

 

05-108 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.

 

05-109 A resolution approving the NJDOT resolution, application and agreement for State Aid to Municipalities for Fiscal Year 2006, under the New Jersey Transportation Trust Fund Authority Act Discretionary Funding Program Safe Streets to Schools category for the Hillside Avenue from the Lincoln/Roosevelt Schools to the Township Public Library project.

 

 

05-110 A resolution approving the NJDOT resolution, application and agreement for State Aid to Municipalities for Fiscal Year 2006, under the New Jersey Transportation Trust Fund Authority Act Roadway Infrastructure Project category for the Phase V portion of the Eyland Avenue Roadway and Drainage Improvement Project.

 

05-111 A resolution approving the NJDOT resolution, application and agreement for State Aid to Municipalities for Fiscal Year 2006, under the New Jersey Transportation Trust Fund Authority Act Safe Streets to Schools category for the Corn Hollow Road from Hillside Avenue south to the Eisenhower Elementary School Project.

 

05-112 A resolution authorizing the award of a contract to Banish Associates, Inc. for the preparation of a Housing Element and Fair Share Plan.

 

05-113 A resolution rejecting all bids and granting authorization to re-advertise for bids for the construction of the Evergreen Acres Water System Improvements, Production Well No. 14 Located on Block 13102 Lot 12, 19 Mettle Lane, Berkshire Valley.

 

05-114 A resolution authorizing the award of a contract to Gametime % Marturano Recreation Company, Inc. for playground apparatus at Dell Avenue Park.

 

05-115 A resolution authorizing payment of bills.

 

COMMUNICATIONS

March 18, 2005

#9 Correspondence from Linda DeSantis, Borough of Mt. Arlington Clerk to Ms. Donna Mcalle-Holly, Administrator of the Lake Hopatcong Commission dated March 10, 2005 re: Memorandum of Agreement Between the Lake Hopatcong Commission & the Borough of Mt. Arlington.  Council wants a copy of the old agreement.  Mr. Raths will provide that to Council.

 

March 25, 2005

#17 Interoffice Memo from Christopher Raths, Township Manager to Robert O’Connor, Plumbing – Sub Code Official dated March 23, 2005 re: Temporary Appointment.  Mr. Rilee asked Mr. Raths if he was comfortable to fill the position until a new Sub Code Official is hired.  Mr. Raths stated that they are.

 

#23  Correspondence from Glenn Schweizer, Executive Director of Morris County Municipal Utilities Authority dated March 21, 2005 re:  Morris County Municipal Utilities Authority (MCMUA) Block 12701, Lots 4 & 5; Block 12703, Lot 1.  Mr. Bucco will discuss this with Mr. Raths and provide a legal response.

 

EXECUTIVE SESSION

 

Mr. Ciaramella made a motion to go into Executive Session.  Mr. Smith seconded the motion.

 

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

                        Mr. Hall – Yes              Mr. Rilee – Yes

                        Mr. Schmidt – Yes      Ms. Urgo – Yes

                        Mayor Zoschak – Yes

 

At 11:35 PM Council went into Executive Session.

 

05-116 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.

 

Council returned to the Workshop Meeting at 11:45 PM.

 

ADJOURNMENT

 

Ms. Urgo made a motion to adjourn the workshop meeting.  Mr. Rilee seconded the motion.

 

Roll Call:  All In Favor – Yes

 

 

 

 _________________________

Betty Lou DeCroce

Township Clerk

 

 

 

MINUTES APPROVED BY COUNCIL

DATE:                         June 14, 2005

ROLL CALL:              Mr. Rilee – yes            Mr. Schmidt – yes

                                    Mr. Hall -  yes              Mayor Zoschak – yes