View Other Items in this Archive | View All Archives | Printable Version

July 12, 2005


A Regular Meeting of the Township Council of the Township of Roxbury was held on July 12, 2005 at 1715 Route 46, Ledgewood, N.J. at 7:30 p.m.



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, Jim Rilee,  Martin Schmidt and Mayor Richard Zoschak


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


ABSENT:  Councilmen Fred Hall was absent.  Councilman Tim Smith was not present as he was with the Roxbury Township Recreation Department helping with the Summer Concern Series.



Leukemia & Lymphoma Society “Light the Night Walk”


Nicole DiTraini Campaign Manager for “Light The Night” gave a presentation. “Light the Night” is to raise monies for research and awareness of Leukemia and Lymphoma.  This program has raised approximately 360 Million dollars since its inception, last year alone they raised $555,000.


Also present were Brand Phillip and Louise McClain from The Leukemia & Lymphoma Society they discussed the Kickoff Celebration to be held on October 1, 2005 at Horseshoe Lake.  Ms. Phillip’s stated that every 5 minutes someone in the United States is diagnosed with a blood disorder each year.


Ms. McClain spoke about the event to be held at Horseshoe Lake on October 1, 2005.  Registration starts at 5:30 and “Light The Night” walk will start at 7:00 PM.  Ms. McClain stated that there would be cancer patients/survivors present to participate as well.  Everyone attending the walk will be given a balloon to carry, white balloons for cancer patients/survivors and red for supporters.

The “Light the Night Walk” will be held on October 1, 2005 at Horseshoe Lake

75% of the profit goes to the society.


Mayor Zoschak suggested that they should contact the Roxbury Rotary Club to get them involved.


Ms. Phillip’s would like the Council to spread the word.  .


Ms. DiTraini stated that she wants to thank the Recreation Department, Dave Stierli and all the volunteers for all the help they have given them already.  They did state that they would need one of the EMS squads to be present and one of the Fire Departments to be on call.  Chief Hayowyk was present and stated he was writing down their requests.  Also it was discussed if the Police Explorers would be present.  Mr. Raths will check into the presence of the Explorers with Lt. Franklin.  Ms. Phillip’s also stated that they would like to hang a banner in town and have “Light the Night Walk” on the town web site.  Mr. Raths will contact Rob Kuncken, IT about the web site.


Ms. DeCroce stated that in 1997 Mathew Luther our Chief Financial Officer died of Lymphoma at the age of 33.




April 5, 2005        Budget/Workshop Meeting

April 26, 2005      Workshop – RESUBMIT NEXT AGENDA

April 26, 2005      Executive Session

May 10, 2005      Executive Session 05-158

May 10, 2005      Executive Session 05-178

June 14, 2005     Executive Session

June 14, 2005     Regular

June 28, 2005     Workshop – RESUBMIT NEXT AGENDA

June 28, 2005     Executive Session 05-253 – HOLD UNTIL EXECUTIVE SESSION

June 28, 2005     Executive Session 05-254


Councilwoman Sandy Urgo stated that the May 10, 2005 Executive Session Minutes the heading that states Villages she felt that the heading should be changed.  Mr. Bucco stated that it could be changed to Renaissance/Continental Properties.  Ms. Urgo also asked that the June 28, Executive 05-253 be held until Executive Session.  The April 26, 2005, Workshop Minutes will be re-submitted at the next meeting for approval.


Mr. Rilee made a motion to approve the,  April 26, 2005 Executive Session, May 10, Executive Session 05-158, May 10, 2005 Executive Session 05-178, June 14, 2005 Regular, June, June 14, 2005 Executive Session, June 28, 2005 Executive Session 05-254.  Mr. Schmidt seconded the motion.


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

                        Mr. Ciaramella – Yes (abstained 6/14 Regular & Executive)

                        Ms. Urgo – Yes (abstained 6/14 Regular & Executive)

                        Mayor Zoschak – Yes


Motion Carried:   5 to 0 (with 2 abstentions on 6/14/05 Regular & 2 abstentions on 6/14/05 Executive.) 


Mr. Ciaramella made a motion to approve the April 5, 2005 Budget/Workshop minutes.   Mr. Schmidt seconded the motion.


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

                        Mr. Rilee – Abstained           Ms. Urgo – Abstained

                        Mayor Zoschak – Yes


Motion Carried:  3 to 0 (w two abstentions)






Dennis Wine

4 Holly Succasunna


Mr. Wine asked as to the current status on the two police officers that are being paid and yet are suspended.  Mr. Raths stated that they are still suspended with pay until such time if an indictment is filed against the Officers.


Mr. Wine also discussed the North bound lane on South Hillside Avenue by Rt. 10 there is only a left turn on the green arrow and it is creating a traffic backup.  Mr. Rilee stated that the Police should take a look at this situation.  Mr. Raths advised that we have to contact the State about this traffic situation.  Mr. Raths will follow up with the State and report back to Council.


Mr. Wine referred to Page 15 in the Agenda.  Mr. Wine felt that the graph pertaining to the increase in Net Valuation Taxable (NVT) did not reflect properly.  Mr. Raths will provide additional information to Mr. Wine.


Charlie Alpaugh

Eyland Avenue


Mr. Alpaugh questioned as to the current status of the annex.   Mr. Alpaugh stated that the study was completed in March pertaining to the Fire Department annex.  Mr. Raths advised that discussions have taken place with the Fire Chiefs and we have met with surrounding communities.  Mr. Raths further stated that we have in place monitoring as to our response times. Also lists of personnel in town who are EMT’s were twenty, which also included Police Officers.


Robert Church

256 Eyland Avenue


Mr. Church requested the status of 82-150 being amended for the Fire Department reorganization.  Mr. Bucco stated that they met with the Chief’s last Friday and he currently is drafting the proper ordinance.


Chief John Hayowyk

Fire Company Chief


Chief Hayowyk stated that last Friday there was a call to the Antique owner on Rt. #46.  One of the employees stated that the owner placed a box in the dumpster that was marked explosives.  The Roxbury Fire Department, Emergency Management, Police, Department of Army all responded to the call.  The command center was set up in the Outback Steak House parking area.  Chief Hayowyk commended everyone who responded.  Thankfully there were no explosives in the marked box.  Further, Chief Hayowyk also commended Outback Steak House for there help and taking care of the responding personnel with food, drinks etc.


Mayor Zoschak stated that he received a call from Channel 4 news.  Council felt that it would be appropriate to have a plaque made to recognize Outback Steak House for their support of our community.


Mayor Zoschak closed the public portion



A.      Procurement Policy – Will be at future Council Meeting

B.     Appointments - Will be appointed at future Council Meeting.

                                   i.      Lake Musconetcong Regional Planning Board: 1 Member, 4-year Term (Mayor Appointment)

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



Councilman Ciaramella stated that he feels there is a need for all new businesses to register with the township, which would include management and their phone numbers in the event, the township needs to contact them.  Also, there should be a requirement if there is a change in the original submission they would have to update the township on a regular basis.  Mr. Bucco stated that the Fire Department handles this type of requirement in other towns.  Mr. Ciaramella felt that since our fire department is all volunteers the Construction Department should oversee this requirement.  Mr. Raths stated that he would look at other communities and get back to Council.  Mr. Bucco stated that an ordinance would be needed requiring this.  Mayor Zoschak stated that we are putting together the GIS System, which should help us accomplish our needs and make it easier.


Councilman Schmidt had passed out a letter from Michael Strand, JASM, and Troop 163.  The letter stated that Troop 163 have been working with local businesses and interested parties on a plan to renovate the cabin, and the surrounding areas of Ledgewood Park.  Their hope is to make the area a place for scouts (Boy Scouts, Cub Scouts, Girl Scouts, Venture Scouts and Explorers) to have a camping/activity area close to home, yet secluded from a lot of the urbanization in Roxbury.  Included in this they would hope to create a trail network throughout the 30-acre park, which would also connect to the 248-acre Morris Canal Park.  Planned renovations include, but are not limited to, replacing the roof, installing a steel entry door, installing new windows, replacing the siding, and repairing the deck and railing.  Council felt that this was a great idea and Mr. Raths should contact them and discuss their actual plans.  Also, it was stated by Council that Mr. Raths advise them that they will need insurance coverage for this project also, when it’s complete naming the township additional insured.


Councilman Schmidt stated that we need an update on the Soccer Fields on Righter Road.  Mr. Raths will keep Council apprised.


Councilman Schmidt questioned the trees on Nyma Way.  Mr. Raths spoke to the property owner and if she has her contractor remove the trees the Township would re-plant.


Councilman Schmidt has received complaints about the little league field being utilized past 10:00 PM.  Mr. Raths stated that during tournaments they could play past 10:00 PM.  When they have a rain delay this pushes back the start of the game, which could then be past 10:00 PM.   Mr. Raths is working with Dave Stierli, Recreation Director to push the games ahead earlier for next year.


Councilman Schmidt discussed the intersection sign at Hillside Avenue and Eyland Avenue.  Mr. Raths will follow up.


Councilwoman Urgo questioned if we have received anymore-additional information pertaining to the lease from the County with regard to the railroad.  Mr. Raths stated no we did not, but he will follow-up with another letter.


Councilwoman Urgo wants us to make sure the township communicates to the County that the town is interested in the property behind Horseshoe Lake (railroad).  Mayor Zoschak stated that whoever develops the old Wickes site would have problems with the DEP.  Mr. Raths will contact the County and keep Council up to date on the communications with the County.


Councilwoman Urgo stated that there is a water meeting on Friday, July 15, 2005.


Councilman Rilee questioned the current status of the Nutrition Center in Berkshire Valley and if the County will be moving it to another location.  Mr. Raths stated that he has to follow-up with the County and he will keep Council advised.


Councilman Rilee asked Mr. Raths as to the status on the Main Street Steetscape Meeting.  Mr. Raths stated that Lucinda in his office is working on it.


Councilman Rilee stated that the Fire Department meeting was cancelled last evening because of the emergency on Rt. #46.


Councilman Ciaramella questioned Mr. Raths as to the activity of the landscaping company who is parking equipment on the Hercules property along Rt. #46.  Mr. Raths stated that he has already contacted Hercules and he will keep the Council up to date.


Mayor Zoschak brought up for discussion 64 Laurie Road and stated that all the garbage has been picked up.


Mayor Zoschak questioned if anyone has been advised as to the fire in Nixon School.  Mr. Raths stated that he has not at this time.  Mr. Raths will contact the Board of Education and get back to Council.


Mayor Zoschak asked for an update on the firing range on the Hercules property.  Mr. Raths stated that there is no firing at night.  Mr. Raths further stated the Chief Noll has spoken directly to Mr. Kellogg who filed the complaint.  Also, Mr. Raths stated that he has been advised that the firing range does not need a license from the state.


Mayor Zoschak stated that he had received a letter from St. Clare’s asking for support from the Township to allow angioplasty procedures at the Dover campus.  Council felt that since they do not have the backup of a full operating facility at the Dover Campus it could be detrimental to the public.  In the event that a patient has a problem during the procedure they would have to transport them to another hospital for treatment/surgery, which could be life threatening.


Mayor Zoschak thanked Rick Blood, Assistant DPW Director, for Hidden Driveway signs on Shippenport Road.


Mayor Zoschak asked Mr. Raths to get a sound engineer here A.S.A.P. to work on the speakers in the Council Chambers.


Mr. Raths advised the Council of drainage construction on Main Street and Canal Street would be done by September 2005.



A.      Application for Raffles License No. RA: 1248 by Roxbury Fire Company # 1 Ladies Auxiliary, Inc.

B.     Application for Raffles License No. RA: 1249 by Roxbury Fire Company # 1

Ladies Auxiliary, Inc.

C.  Application for a Special Permit for Social Affair by Swim and Sport Club.


Mr. Rilee made a motion to approve A,B and C.  Ms. Urgo seconded the motion.


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

                        Mr. Ciaramella – Yes  Mr. Schmidt – Yes

                        Mayor Zoschak – Yes


Motion Carried:  5 to 0


INTRODUCTION OF PROPOSED ORDINANCES                                                 






INTRODUCTION AND ADOPTION OF RESOLUTIONS                                        

05-255     A resolution incorporating by reference herein and approving the following numbered resolutions listed on the regular council meeting agenda for this date:  05-256, 05-257, 05-258, 05-259, 05-260, 05-05-261, 05-262, 05-263, 05-265, 05-266, 05-267, 05-268.


Mr. Rilee made a motion to approve 05-255.  Mr. Schmidt seconded the motion.


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

                        Mr. Ciaramella – Yes (recuse from chks #36467, 36469)

                        Mr. Schmidt – Yes     Mayor Zoschak – Yes


Motion Carried: 5 to 0 (2 recusals from Chks)


05-238  A resolution authorizing the purchase of FTR Gold Digital Recording System (A.O.C. approved). – Hold till next meeting.


05-256  A resolution approving the 2004 annual audit for the Township of Roxbury.


05-257  A resolution authoring the acceptance of a cash bond for soil relocation for James McArdle Property located on West Dewey Avenue, Block 7101, Lot 25.


05-258  A resolution authorizing the release of Performance Bond No. 2004-384 in connection with a cash bond for site plan of Peter Bartek, located on Route 46, Ledgewood, Block 9501, Lot 12.


05-259  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.


05-260  A resolution authorizing the acceptance of a cash bond for soil moving permit for Clearview Cinema located in Roxbury Mall, Block 5004, Lots 7 & 8.


05-261  A resolution approving a public display of fireworks on July 29, 2005 at Horseshoe Lake Island Area, 72 Eyland Avenue, Succasunna, New Jersey.


05-262  A resolution authorizing the refund of special sewer assessment.


05-263  A resolution authorizing the refund of taxes.


05-264        A resolution authorizing the purchase of a digital telephone system for the Library Department from Extel Communications, Inc.  – Hold till next meeting.  Mr. Raths will follow up with the Library prior to the next meeting.


05-265  A resolution authorizing the release of a Performance Guarantee posted for Right-of Way Excavation Permit No. MAE0304A, Michelle Migton, 2 Budd Street, Ledgewood.


05-266  A resolution authorizing the release of a Performance Guarantee posted for driveway paving at 529 Roger’s Drive, Landing, Block 11801, Lot 20.


05-267  A resolution authorizing the purchase of a rear pumper fire apparatus from Pierce Manufacturing, Inc.


05-268  A resolution authorizing payment of bills.


            Add On – 05-270  A resolution authorizing a Professional Engineering Services

                              With Dewberry-Goodkind, Inc. for Grant Assistance for the Streetscap

                            Plan along Main Street.


            Mr. Rilee made a motion to approve 05-270.  Mr. Schmidt seconded the motion.


Ms. Urgo stated that she felt that we should obtain the grant application ourselves and do it in-house rather then contract out for the services.


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

                        Mr. Ciaramella – Yes  Ms. Urgo – No

                        Mayor Zoschak – Yes


Motion Carried: 4 to 1



Memo from Judy Riley dated July 7, 2005.



July 1, 2005


#11 Mayors Fax Advisory from William G. Dressel Jr., Executive Director of NJLM dated June 28, 2005 re: A-1820 – Union Card Check.  Mr. Raths stated that he is replying through the League as it has already been voted on by the state legislature and currently is awaiting signature of the Governor.


#14 Correspondence from Bradley M. Campbell, Commissioner Department of Environmental Protection, State of N.J. to Honorable Richard Zoschak, Mayor of Roxbury Township dated June 27, 2005 re: 1436-00-0009, Roxbury Open Space Plan, Roxbury Township, Morris County:  A thank you from Mayor Zoschak will be prepared to send to the state.


#18 Correspondence from Jack Lettiere, Commissioner, State of New Jersey, Department of Transportation to Christopher Raths, Township Manager dated June 24, 2005 re:  Thank You Letter Supporting Access to Main Street from the Ledgewood Circle.  Mr. Raths will follow up.


July 8, 2005


#13 Correspondence from Anthony R. Bucco, Senator, 25th Legislative District to Mayor Richard Zoschak, Roxbury Township dated July 1, 2005 re: Garden State Green Acres Preservation Trust Fund Awarded to Roxbury in the amount of $575,000.  Mayor Zoschak commented and stated that we should be wise as to how this money is spent and it needs to be spent where the greatest need exists.


#18 Interoffice Memo from Betty Lou DeCroce, Township Clerk to Mayor & Council dated July 8, 2005 re:  Roxbury Image:  Council discussed this in detail and agreed that the $2,500.00 appropriated for the fourth quarter mailing should be used to cover the cost of this issue.  The services with Summit Ad Group then should be terminated and a new publisher hired.  Ms. DeCroce stated that previously she had met with Redmond Press and will contact them again to obtain firm numbers.  Council also agreed that the funding for this would be solicited from businesses in the community to cover the cost of producing.




No public Comment




05-269 Resolution of the Township Council of the Township of Roxbury, in the County of Morris, New Jersey, and authorizing conference of the Township Council with the public excluded.


Mr. Rilee made a motion to approve Resolution 05-269 for an Executive Session.  Mr. Schmidt seconded the motion.


Roll Call:         All In Favor – Yes


Motion Carried: 5 to 0


At 9:05 PM Council adjourned to Executive Session.


At 10:50 PM Council returned to the Regular Meeting.  Ms. Urgo was not present as she left earlier from Executive Session for discussions by the Council that could be a potential conflict of interest.


Mr.Rilee made a motion to approve the June 28, 2005 , Executive Minutes 05-253 as discussed in Executive Session.  Mr. Schmidt seconded the motion.


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

                        Mr. Ciaramella – Yes  Mayor Zoschak – Yes


Motion Carried 4-0




At 11:00 PM Mr. Schmidt made a motion to adjourn the Regular Meeting of July 12, 2005.  Mr. Rilee seconded the motion.


Motion Carried 4-0


Submitted By:





BettyLou DeCroce

Township Clerk


DATE:                        August 9, 2005

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

                                    Mr. Hall – abstain      Mr. Schmidt – yes

                                    Mr. Smith – abstain   Ms. Urgo - yes