May 24, 2005
A Workshop
Meeting was held by the Township Council of the Township of Roxbury on May 24,
2005 at 1715 Route 46, Ledgewood, New Jersey at 730 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: Councilwoman
Sandy Urgo, Councilmen John Ciaramella, Fred Hall, Jim Rilee and Mayor Richard Zoschak
Councilman
Martin Schmidt was absent due to illness and Councilman Tim Smith was absent
due to business.
Also Present:
Christopher Raths, Township Manager; Anthony Bucco, Township Attorney and Janet
Rieth, Deputy Township Clerk
REPORTS OF
COUNCIL LIAISON REPRESENTATIVES, COUNCIL COMMITTEES AND NEW BUSINESS/OLD
BUSINESS
New Business
Presentation: Outstanding
Emergency Response Volunteer Awards
Chief John
Hayowyk and Mayor Zoschak presented plaques to the following for their many
years of service
Co. #1 First Aid Squad – Ann Cole
Co. #2 First Aid Squad - Donald Baker
Co. #3 First Aid Squad – Debra Ward
Chief Hayowyk
advised that the names of the three recipients are inscribed on the plaque that
hangs in Town Hall.
Old Business
Procurement
Policy
Mr. Bucco
advised that progress is being made.
Appointments
Lake Musconetcong Regional Planning Board: 1 Member,
4-year Term (Mayor Appointment) – Will be discussed at a future meeting
Rockaway River Watershed Cabinet - 1 Member, 1-year
term and un-expired term of Tricia Fragale (1/1/05 > 12/31/05) – Will be discussed at a future meeting.
At this time
Mayor Zoschak amended the Agenda to the Public Portion
PUBLIC PORTION
There were no
public comments.
Historical
Advisory Committee: un-expired term of George Wein (1/1/04
- 12/31/07)
Ms. Urgo made a
motion to appoint Cynthia DiTaranto to the Historical Advisory Committee to
fill the unexpired term of George Wein, May 24, 2005 to December 31, 2007. Mr. Rilee seconded the motion.
Roll Call:
Ms. Urgo – yes Mr.
Rilee – yes
Mr. Ciaramella –
yes Mr. Hall – yes
Mayor Zoschak –
yes
Motion carried 5
– 0
Mr. Ciaramella
advised that the Economic
Development Committee will
be meeting this Thursday, May 26th, 7:00 PM
at Town Hall.
Mr. Ciaramella
provided several dates for the DPW Committee meeting. It was agreed to meet on
June 1st at 4:00
PM.
Mr. Hall thanked
Mr. Raths and Mike Kobylarz, Township Engineer for attending the recent Trails
Committee meeting. There will be another meeting tomorrow night and a
Recreation Committee meeting will be held Saturday, May 28th.
Ms. Urgo
requested an update on the possibility of refinancing EIFT loans since the
rules have changed. It is now interest free on ¾’s of what is borrowed. She
also would like to know if the Township qualifies for additional EIFT funding.
Mr. Raths will speak with Lisa Palmieri, Chief Financial Officer, and report
back to Council.
Ms. Urgo advised
that a water meeting was held recently. She stated that the Committee would
like the resolution regarding the pump test, which is on the agenda tonight,
to be held. The consultant has a concern regarding potential conflicts
of uses between the well and the DPW site. He and Mr. Raths will meet with
Engineering to go over the plans and let the committee know the issues.
Ms. Urgo would
like a follow up on the letter from the Police Department to the Department of
Transportation suggesting flashing lights before the new jughandle on Route 46
in the area of Mt. Arlington road and Salmon Lane.
Mr. Raths stated that there is a letter regarding the DOT meeting with the
Township. Mr. Raths will follow up on these issues.
Ms. Urgo
questioned when the section of Eyland
Avenue, in front of the
volleyball courts, will be repaved. Mr. Raths advised that it is scheduled for
this fall.
Mayor Zoschak
thanked Art Volpe, Jr., along with 28 people from AT&T who recently planted
flowers on Horseshoe Lake and cleaned up the monument area and the
pavilion area. He would like to present a plaque to Mr. Volpe at a future
meeting.
Mayor
Zoschak advised that there is more dumping on Shippenport Road.
He questioned what can be done to keep cars from being able to pull in that
area. Mr. Raths will have Vince Salvatoriello, Litter Control Officer, look
into any possible solutions.
Mayor Zoschak
stated that, at the Water Committee meeting, Tom Grau presented a possible
scenario to allow the Township to end the water moratorium. Mr. Bucco and Mr.
Raths will discuss this and report back to Council.
Mayor
Zoschak stated that he would like to have “Children At Play” signs placed on Emmans Road by the fields. Mr. Hall questioned why
there is no parking allowed on the same side of the street as the field. Mr.
Raths will have the Police Department look into this.
Mayor
Zoschak attended a Highlands meeting this afternoon. This will be
discussed further at a future meeting.
Mr.
Raths advised that the County will be holding a public meeting regarding the
paving of Berkshire Valley
Road on May 27th
at the County Engineering Office.
Mr.
Raths advised that the Girls Cross Country State Champions signs have been
installed.
PUBLIC PORTION
Previously
Discussed
MATTERS
REQUESTED/REFERRED BY COUNCIL MEMBERS, MANAGER, ATTORNEY OR CLERK
A. Application
for Raffles License No. RA: 1246 by St. Therese Roman Catholic Church
B. Application
for Special Permit for Social Affairs for Swim & Sport Club
C. Request
for Block Party on W. Maple
Avenue, Succasunna
D. Request
for 4th Annual Children’s Fair on Forest Drive,
Succasunna
Mr. Rilee made a
motion 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 Item A)
Mayor Zoschak –
yes
Motion carried 5
– 0 with one abstention on Item A
APPROVAL OF MINUTES
March 29, 2005 Workshop Meeting - Hold
May 3, 2005 Budget Meeting
Mr. Rilee made a
motion to approve the May 3,
2005 Budget Meeting
Minutes. Ms. Urgo seconded the motion.
Roll Call:
Mr. Rilee – yes Ms.
Urgo – yes
Mr. Ciaramella –
yes Mr. Hall –yes
Mayor Zoschak –
yes
Motion carried 5
- 0
DRAFT ORDINANCES FOR DISCUSSION
None
INTRODUCTION
OF PROPOSED ORDINANCES
Ms. Urgo stepped
down for the following discussions due to a potential conflict of interest.
25-05
An ordinance
authorizing the acquisition of certain real property, known as Lot
19.02 in
Block
2301 and located on Kenvil
Avenue, in the Township of Roxbury, County of Morris
and State of New Jersey (Sweney Estate)
Mr. Rilee made a
motion to introduce Ordinance 25-05. Mr. Hall seconded the motion.
Roll Call:
Mr. Rilee -yes Mr.
Hall –yes
Mr. Ciaramella –
yes Mayor Zoschak – yes
Motion carried
4– 0
26-05 An
ordinance authorizing the acquisition of Lot 19.03 in block 2301 more commonly
known
as the Sweney Residential Lake Front Property in the Township of Roxbury, County of Morris
and State of New Jersey
Mr. Rilee made a
motion to introduce Ordinance 26-05. Mr. Hall seconded the motion.
Roll Call:
Mr. Rilee – yes Mr.
Hall –yes
Mr. Ciaramella –
yes Mayor Zoschak – yes
Motion carried 4
– 0
At this time,
Ms. Urgo returned to the dais.
HEARING AND ADOPTION OF
ORDINANCES ON SECOND READING
22-05
An ordinance to
vacate any and all public rights in and to a portion of Pequannock Road
in
the Township of Roxbury,
County of Morris
and State of New Jersey
Mr. Rilee made a
motion to open Ordinance 22-05 to the public. Ms. Urgo seconded the motion.
Roll Call:
Mr. Rilee – yes Ms.
Urgo – yes
Mr. Ciaramella –
yes Mr. Hall – yes
Mayor Zoschak –
yes
Motion carried 5
– 0
There was no
public comment.
Mr. Rilee made a
motion to close Ordinance 22-05 to the public. Ms. Urgo seconded the motion.
Roll Call:
Mr. Rilee – yes Ms.
Urgo – yes
Mr. Ciaramella –
yes Mr. Hall – yes
Mayor Zoschak –
yes
Motion carried 5
– 0
Mr. Rilee made a
motion to adopt Ordinance 22-05. Ms. Urgo seconded the motion.
Roll Call:
Mr. Rilee – yes Ms.
Urgo – yes
Mr. Ciaramella –
yes Mr. Hall – yes
Mayor Zoschak –
yes
Motion carried 5
- 0
23-05
An ordinance to
vacate any and all public rights in and to a portion of Smith Avenue in
the
Township of Roxbury,
County of Morris
and State of New Jersey
Mr. Bucco stated
that the Daily Record had made an error in the publication of the Ordinance.
When the Ordinance is recorded, the publication must also be recorded and the
error could cause a problem. Therefore, he advised that the Ordinance should be
opened to the public and the public hearing carried to the next meeting. The
Clerk’s Office will contact the Daily Record to have the Ordinance
re-advertised, at no cost to the Township and the adjoining property owners
will be sent a new notice.
Mr. Hall made a
motion to open Ordinance 23-05 to the public. Ms Urgo seconded the motion.
Roll Call:
Mr. Hall – yes Ms.
Urgo – yes
Mr. Ciaramella –
yes Mr. Rilee – yes
Mayor Zoschak –
yes
Motion carried 5
– 0
Mr. Hall made a
motion to carry the public hearing on Ordinance 23-05 to June 14, 2005. Ms. Urgo seconded the motion.
Roll Call:
Mr. Hall -yes Ms.
Urgo – yes
Mr. Ciaramella –
yes Mr. Rilee – yes
Mayor Zoschak –
yes
Motion carried 5
- 0
24-05
An ordinance of the
Township of Roxbury providing for the appropriation of funds for
various
building improvements and equipment and appropriating $44,400.00 from General
Capital Surplus
Ms. Urgo made a
motion to open Ordinance 24-05 to the public. Mr. Rilee seconded the motion.
Roll Call:
Ms. Urgo – yes Mr.
Rilee - yes
Mr. Ciaramella –
yes Mr. Hall –yes
Mayor Zoschak –
yes
Motion carried 5
– 0
There was no
public comment.
Ms. Urgo made a
motion to close Ordinance 24-05 to the public. Mr. Rilee seconded the motion.
Roll Call:
Ms. Urgo – yes Mr.
Rilee – yes
Mr. Ciaramella –
yes Mr. Hall – yes
Mayor Zoschak –
yes
Motion carried 5
– 0
Ms. Urgo made a
motion to adopt Ordinance 24-05. Mr. Rilee seconded the motion.
Roll Call:
Ms. Urgo – yes Mr.
Rilee – yes
Mr. Ciaramella –
yes Mr. Hall – yes
Mayor Zoschak –
yes
Motion carried
5 - 0
DRAFT RESOLUTION FOR DISCUSSION
None
INTRODUCTION AND ADOPTION OF
RESOLUTIONS
05-180
A resolution incorporating by reference herein and approving the following
numbered
resolutions listed on the workshop
council meeting agenda for this date: 05-181, 05-182, 05-183, 05-184, 05-185,
05-186, 05-187, 05-188, 05-189, 05-190, 05-193, 05-194
Mr.
Rilee made a motion to adopt Resolution 05-180. Mr. Hall seconded the motion.
Roll
Call:
Mr.
Rilee – yes Mr. Hall – yes
Mr.
Ciaramella – yes (recuse on checks #35887 and 35890)
Ms.
Urgo – yes Mayor Zoschak – yes
Motion
carried 5 – 0 with one recusal on checks #35887 and #35890
05-175
A resolution
authorizing the award of a Professional Engineering and Subcontractor
Services Contract to Hatch Mott MacDonald
for the 72-hour pump test, hydrogeologic evaluation and permitting for the
Pine Street Well - Pulled
05-181 A
resolution for a refund of taxes for 2003 to Ledgewood Properties, LLC (Days
Inn)
Ms. Urgo stated
that the letter attached to the Resolution should not have been enclosed since
it was stamped Confidential.
05-182 A
resolution authorizing the acceptance of easements for detention facilities,
access
driveway and connector road and
conservation easement at Block 9501, Lot 9 between Roxbury 2002, L.L.C. and the
Township of Roxbury (Gemini)
05-183 A
resolution amending No. 2004-338 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
05-184 A
resolution authorizing the refund of taxes
05-185 A
resolution authorizing the refund of taxes
05-186
A resolution
rescinding Resolution 05-170 amending the membership of the Township
Fire
Department
05-187
A resolution
authorizing the purchase of a sanitation truck with refuse packer from
Cambria
Automotive Companies, Inc.
05-188
A resolution
authorizing the award of a contract to Tilcon New York Incorporated for
milling and paving of various Township roads
Council agreed
to adopt the Resolution, subject to verification that this is included in the
bond.
05-189
A resolution
authorizing the award of a contract to Tilcon New York Incorporated for
milling
and paving a portion of Main Street, Succasunna
05-190
A resolution
authorizing a contract for the demolition and disposal of a barn located on
the Sweney Tract on Kenvil Avenue to Bace Demolition, Inc.
05-191
A resolution
authorizing the acceptance of various easements associated with the
American
Renaissance Plaza Development in Roxbury Township, New Jersey - Pulled
05-193 A
resolution authorizing payment of bills
05-194
A resolution
designating Bank of America the official tax receiving agency of the
Township
of Roxbury
Mr. Bucco added
the following to Item No. 2 “…of America, provided the Agreement and associated
documents are reviewed and approved by the township Attorney and Chief
Financial Officer”.
Mr. Rilee
stepped down for the following resolution due to a potential conflict of
interest.
05-192
A resolution
approving Change Order # 1 (Final) to the contract with Jenicar Builders
contractors
Co., Inc. for the Eyland Avenue Phase III/Sunset Lane Drainage Project
Ms. Urgo made a
motion to adopt Resolution 05-192. Mr. Hall seconded the motion.
Roll Call:
Ms. Urgo – yes Mr.
Hall – yes
Mr. Ciaramella –
yes Mayor Zoschak – yes
Motion carried 4
– 0
At this time,
Mr. Rilee returned to the dais.
COMMUNICATIONS
May 13, 2005
#2
– Mayors Fax Advisory from William G. Dressel, Jr., Executive Director of NJLM,
dated May 10, 2005, re: Notification Prior to Utility work in or on Public
Rights of Way – This will be sent to Mike Kobylarz, Township Engineer, for his
opinion.
#4
– Correspondence from Douglas Zellman, Chairman of the Lake Musconetcong
Regional Planning Board to Mayor & Council of Roxbury Township, dated May
4, 2005, re: 2005 Operating Budget and Lake Management Budget – This has been
paid through the budget.
#8 – Mayors Fax
Advisory from William G. Dressel, Jr., Executive Director of NJLM, dated May 9,
2005, re: S-544, Expansion of Health Coverage – The Clerk’s Office will send a
letter to Senator Bucco opposing this legislation.
#15 –
Correspondence from Thomas Valiante, President of Valiante & Sons to Mayor
Zoschak & Town Council, dated April 27, 2005, re: New Ordinance Affecting
Township Businesses Operating on a 24-Hour Basis – Mr. Bucco advised that they
are grandfathered. He will send a letter to the Zoning Office clarifying the
Ordinance.
#20
– Correspondence from Raymond Zabihach, Planning Director & Arne Goytil, Assistant
Planning Director of the Morris County Planning Board to Carolyn Rinaldi,
Secretary, Borough of Mt. Arlington Land Use Board, dated April 15, 2005, re:
Subdivision & Site Plan Report, East Side of Orben Drive, North Side of
Laurel Path, Both Sides of Elizabeth way, West of Crestview Lane at the Roxbury
Township Boundary Line – Russell Stern, Township Planner, will review and
advise Council.
#22 – Mayors
Fax Advisory from William Dressel, Jr., Executive Director of NJLM, dated May
11, 2005, re: Executive Order Protecting Homebuyers – This will be sent to
Russell Brown, Construction Code Official, to review and report back to
Council.
#26 –
Correspondence from Christopher Raths, Township Manager, to Ms. Carol Peterson
of Office of Wetlands, Oceans & Watersheds – US EPA, dated May 13, 2005,
re: Support of the Nomination of the Lake Hopatcong Commission to be the
Recipient of a US EPA Watershed Initiative Grant – The Governor has nominated
this to go to the EPA.
May 20, 2005
Mr. Rilee made a
motion to file the communications of May 20, 2005. Ms. Urgo seconded the
motion.
Roll Call:
Mr. Rilee – yes Ms.
Urgo –yes
Mr. Ciaramella –
yes Mr. Hall – yes
Mayor Zoschak –
yes
Motion carried 5
– 0
Public Portion
Charles
Alpaugh, Eyland Avenue, requested an update on LOSAP. Mr. Raths advised that
the final figure, $53,000, was received on Friday.
Mr.
Alpaugh requested an update on the recent study for the fire annex pertaining
to the interlocal agreements. Mr. Raths advised that he has spoken with the
Mayor of Mt. Olive regarding this and he will contact them again.
Robert Church,
256 Eyland Avenue, requested an update on the railway situation on Berkshire
Valley Road. Mr. Raths stated that he spoke with Walter Krich, who advised
that we will receive a response to our letter shortly.
Mr. Church
requested an update on the resolution for the Fire Department. Mr. Raths
advised that he received proposed amendments from Company No. 1. He will send
the amendments to Mr. Bucco for review.
Mayor Zoschak
stated that he would like to have a “Keep Roxbury Clean” campaign established
to possibly include Township businesses and the schools. Mr. Raths will speak
with Debbie Ward, Assistant Supervisor – General Services/Recycling Coordinator
regarding this.
At 8:30 PM
Council took a short break.
At 8:45 PM
Council returned to the Workshop Meeting
EXECUTIVE SESSION
05-195
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
Mr. Rilee made a
motion to adopt Resolution 05-195 for Executive Session. Ms. Urgo seconded the
motion.
Roll Call:
Mr. Rilee – yes Ms.
Urgo – yes
Mr. Ciaramella –
yes Mr. Hall – yes
Mayor Zoschak –
yes
Motion carried 5
– 0
ADJOURNMENT
At 9:40 PM Mr.
Hall made a motion to adjourn the Workshop Meeting. Ms. Urgo seconded the
motion.
All In Favor -
yes
Submitted By:
_________________________
BettyLou DeCroce
Township Clerk
MINUTES
APPROVED BY COUNCIL:
DATE: June 14, 2005
ROLL
CALL: Mr.
Rilee – yes Mr. Hall –yes
Mr.
Schmidt – abstain Mayor Zoschak - yes