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August 9, 2005                                 



A Regular Meeting of the Township Council of the Township of Roxbury was held on August 9, 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, Fred Hall, Jim Rilee, Tim Smith and Deputy Mayor Martin Schmidt


ALSO PRESENT:  Lisa Palmieri, Acting Township Manager; Anthony Bucco, Township Attorney and BettyLou DeCroce, Township Clerk


NOT PRESENT DUE TO VACATION:  Christopher Raths, Township Manager & Mayor Richard Zoschak.






May 10, 2005  Workshop

July 12, 2005  Executive Session - HOLD

July 12, 2005  Regular

July 26, 2005  Executive Session

July 26, 2005  Workshop


Mr. Rilee made a motion to approve the Minutes of May 10, 2005, Workshop, July 12, 2005, Regular, July 26, Executive Session and July 26, 2005, Workshop.  Mr. Ciaramella seconded the motion.


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

  Mr. Hall – Yes/with Abstention on July 12, 2005 – Regular

  Mr. Smith – Yes/with Abstention on July 12, 2005 – Regular

  Ms. Urgo–Yes/with  Abstention on July 26, 2005 Executive & Workshop                                                                                                                              

Motion carried 5 – 0 with 2 Abstentions on 7/12/05 Regular, 1 Abstention on 7/26/05 Executive & 1 Abstention on 7/26/05 Workshop.




Robert Kluska

274 Emmans Road


Mr. Kluska stated that the Roxbury Township Web Site is not in order and at the last meeting he mentioned to Mr. Raths that it was all scrambled and he stated he would address it.  Also, today’s Agenda is not on the Web Site and the Roxbury Register did not advertise tonight’s meeting.


Alan Rubinstien, (Attorney for Sweney Estate)

50 Main St., Succasunna


Ms. Urgo stepped down during this discussion


Mr. Rubinstien discussed the sale of property by the Estate of Mary Sweney, which comprises  approximately 35 acres. A contract to sell the property has been signed  and he has been waiting since March of 2005 to close.  Mr. Rubinstien stated that they have spent $30,000.00, cleaning up the property in order to close.  The current Owners are over 80 years old and would like to benefit from the selling of this property.


Mr. Rubinstien stated that there is a very good chance if this property does not close soon, some of the heirs may start a legal action against the Township.  Mr. Rubinstien stated he does not know what is holding up the closing.  Mr. Rubinstien went on to state that boating (without motors) can be used on the lake and it would be a valuable asset for the Town to have in its possession. 


Mr. Bucco stated that the hold up has to do with concerns the Township has regarding some of the funding for this project and restrictions that will be placed on the property, when the Township takes ownership.  Mr. Bucco stated that the contract of sale with the Sweney Estate is with the Morris Land Conservancy – not Roxbury Township.  Mr. Bucco further explained that  the Township  will acquire the property from the Morris Land Conservancy, once they own it.  Mr. Bucco further stated that the hold up is one of the funding sources to acquire this property.  Mr. Bucco went on to state he does have additional information to go over with the Council in Executive Session tonight.  Mr. Bucco assured Mr. Rubinstien that he would get back to him after the Council discusses  the matter in Executive Session.


Mr. Rubinstien stated that the Morris Land Conservancy and his clients are ready to close now.


Lowell Walker

Mine Hill, N.J.


Mr. Walker stated he was at the August 10, 2004 Council Meeting and at that time he indicated that he wanted his name along with 16 other people included on our Monument for War Veterans.  Mr. Walker stated that he was told at that meeting along with a letter he received that the money would be in the budget for this year (2005).  Since that time he has spoken with Mr. Schmidt on April 13, 2005 and late July regarding having his name on the monument.  Mr. Walker stated he had a meeting last week with Mr. Raths and he was told that money was not set-aside in the budget for this project and that the Township is going out to the public to look for donations.


Mr. Schmidt stated that this is not a budget item and that we are working on donations for this project.  We currently have approximately $8,000.00. Once we get the rest of the funding, the additional names will be put on the Monument.  Mr. Walker stated he has an additional 16 names to go on the monument.  Mr. Schmidt stated we are aware of the additional names.


Mr. Schmidt told Mr. Walker that to prove he was a Roxbury Township resident during his military service years, he needs to obtain a DD214, which are his discharge papers from whatever branch of the Military he was in.

Mr. Walker stated that he did submit those papers along with his original letter to the Township.


 Mr. Walker stated that he was a resident here for 26 years.  Mr. Walker questioned how much of a donation is needed to fund the project completely.  Mr. Schmidt answered about $20,000.00.  Mr. Walker stated that Mr. Raths indicated that he could pay himself to have his name put on the Monument.


Ms. DeCroce stated that the Council agreed that we should have the whole list and then we would work on all the names being added to the monument at the same time, which would probably be at a lesser expense all at once.  Mr. Schmidt stated he would like to have this done by Veterans Day.


Staff Sgt. Calvin B. Davis

Army National Guard

108 Kenvil Ave


Sgt. Davis stated that he is a new recruiter for the National Guard in this area.  Sgt. Davis also advised Council that he is a resident of the township.  Further Staff Sgt. Davis asked the Council for any help they may be able to provide with recommendations to let the community know he is available for any enlisting services they may need.  Sgt.  Davis stated he does presentations to the students in High School.


Mr. Hall stated the next Board Of Education Meeting is 8/29/05 at the Eisenhower Middle School and he is welcome to attend that meeting.


Sgt. Davis also advised Council that his recruiting office is located at 14 Western Ave in Morristown.



A.      Procurement Policy

B.     Appointments

                                   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).


Council would like the appointments be listed on the website.



A.        Application for Raffles License RA No. 1252 from Franklin School PTA.

B.        Application for Raffles License RA No. 1253 from Franklin School PTA.

C.        Request for Block Party from Nancy Grant.


Mr. Rilee made a motion to approve A, B & C.  Mr. Smith seconded the motion.


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

                        Mr. Ciaramella – Yes  Mr. Hall – Yes

                        Mr. Schmidt – Yes     Ms. Urgo – Yes


Motion Carried 6 to 0


Deputy Mayor Martin asked for Council members/Manager/Attorney/Clerk for any requested/referred matters.


Councilman Ciaramella did not have any new discussions at this time.


Councilman Hall discussed the summer reading program at the Library and felt that it was successful.  Mr. Hall attended the Trails Committee Meeting last week with Councilman Schmidt and a lot of discussion took place.   Mr. Hall stated that the Committee is targeting a meeting with Council on September 20, 2005.


Councilman Smith stated that he attended the Open Space meeting this past Wednesday and they discussed another potential acquisition.  The Trails plan was also discussed.  Mr. Smith stated that he called Ms. Palmieri in reference to the Emmans Soccer Field with garbage bags lying all over and she had it cleaned up.  Mr. Smith thanked Ms. Palmieri.


Councilwoman Urgo stated that the Main Street Committee met and future plans and ideas were discussed.  Ms. Urgo further stated that the Lines Farm does not look well. The lawn needs to be mowed and Ms. Urgo feels we should have a Community Garden on this property.  Mr. Smith and Mr. Ciaramella felt that it sounded like a great idea.  Ms. Urgo stated that she would due research and obtain a cost analysis to accomplish it.  Ms. Urgo stated to Ms. Palmieri that she would appreciate if we could get someone to cut the grass.  Mr. Rilee did remind Council that during discussions with residents in that area they did not want to see recreation fields.


Ms. Urgo made reference to the memo from our attorney re:  8/5/05 Communication  #16 pertaining to the Non-Exclusive License Agreements, Boy Scouts and Girl Scouts of America – Ledgewood Park – Ms. Urgo discussed the 30 year agreement and concerns as to the success of the program.  Mr. Smith stated that he would prefer to see how it works and would prefer a 1 to 3 year test period.  Mr. Bucco stated that the termination clause takes care of it.


Councilman Rilee stated that Roxbury Day/National Night Out was a huge success thanks to Brain Feeney, Glenn Gordon, Randy Brands, BettyLou DeCroce and Dave Stierli.


Mr. Rilee stated that a few months ago a resident mentioned the macadam pathway in Berkshire /Valley, near the Nutrition area was in need of work.  Mr. Blood, Assistant DPW Director was present and stated that it would be taken care of during the winter months.


Councilman Hall brought up for discussion the yearly review of the Township Clerk.  Mr. Hall stated that he had the previous form the Council used for the last evaluation. Mr. Hall will make sure that it is sent to each council member to fill out and in September it will be discussed.


Deputy Mayor Schmidt stated that they had neighbors helping neighbor program  last Saturday for dinner and it went very well.  Mr. Schmidt stated that approximately 50 people attended and they were very appreciative.


Deputy Mayor Schmidt stated that Christopher Johannesen volunteered a week of his own personal time in cleaning up Horseshoe Lake for Roxbury Day/National Night Out.  Mr. Schmidt stated that horticulture/ landscape design is his field of work.   Not only did he provide his working abilities to the clean up of the Pavilion area and the monument area, he also took charge of the Slap Program workers and guided them to complete the work by Friday.   Councilman Schmidt asked Ms. Palmieri to send a letter of thanks on behalf of the Township and the Governing Body.


INTRODUCTION OF PROPOSED ORDINANCES                                                 






INTRODUCTION AND ADOPTION OF RESOLUTIONS                                        

05-282     A resolution incorporating by reference herein and approving the following numbered resolutions listed on the regular council meeting agenda for this date. 05-283m 05-284, 05-285, 05-286, 05-287, 05-289, 05-290, 05-192.


Mr. Smith made a motion to approve 05-282.  Mr. Rilee seconded the motion.


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

                        Mr. Ciaramella – Yes (abstain from Chk #36795)

                        Mr. Hall – Yes            Ms. Urgo – Yes (abstain from Chk #231820)

                        Deputy Mayor Schmidt – Yes


Motion Carried          6 to 0 (two abstentions Chks #36795 & #231820)


Discussion took place pertaining to 05-285, which was a duplicate previously approved. 05-285 was replaced with “Resolution Authorizing Refund or 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.  Mr. Smith and Mr. Rilee agreed to this change in their original motions.


Discussion also took place on 05-291 “A Resolution supporting the Acquisition of Lee’s Property by Jefferson Township”. Council felt that by promoting this resolution would take away from our own applications submitted to Morris County Open Space and Farmland Preservation Trust Fund.


Mr. Smith and Mr. Rilee agreed to amend their original motions to delete 05-291 from the incorporating resolution.


05-283  A resolution authorizing the filing of a grant application with the New Jersey Department of Transportation’s Transportation Enhancement Program for the Streetscape Plan along Main Street, Succasunna.


05-284  A resolution authorizing the refund of water and sewer utility payments.


05-285  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.


05-286  A resolution authorizing Change Order #3 to a contract with Suburban Consulting Engineers, Inc. for Professional Engineering Services for the Evergreen Acres Water System Improvements located at Block 13102 Lot 12, 19 Mettle Lane, Berkshire Valley.


05-287  A resolution authorizing the purchase of a four-wheel drive backhoe from G & H Services, Inc.


05-288  A resolution approving a change order to the contract with Tilcon New York Incorporated for milling and paving of Eyland Avenue.


Mr. Smith made a motion to approve 05-288.  Mr. Hall seconded the motion.


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

                        Mr. Ciaramella – Yes                        Mr. Rilee – Abstained

                        Ms. Urgo – Yes                     Deputy Mayor Schmidt – Yes


Motion Carried 5 to 1 abstention


05-289  A resolution authorizing the award of a contract to Denville Line Painting, Inc. for line painting various Township roads. 


Ms. Urgo stated that the crosswalks need to be repainted.   Mr. Blood, Assistant DPW Director stated that they will be and the paint being used is thermo plastic paint, which will last longer.  Mr. Blood stated that a list of areas to be line painted had been sent to Council previously.


05-290  A resolution amending the membership of the Township Fire Department.


05-291  A resolution supporting the acquisition of Lees’ Property by Jefferson Township.


              DELETED – 05-291


05-292  A resolution authorizing payment of bills.



Memo from Judy Riley August 4, 2005.


Ms. Urgo questioned the fact that a dispatcher is also a member of the fire department. Ms. Urgo questioned if there were an emergency which position shows preference.  Mr. Bucco stated that the dispatcher would not be able to respond during business hours.



July 29, 2005


#4  Mayors Fax Advisory from William G. Dressel, Jr., Executive Director of NJLM dated July 25, 2005 re: FY ’06 PERS and PFRS Pension Bills.  Ms. Palmieri will put in agenda package.


August 5, 2005


#8 NJLM Washington Watch, dated August 1, 2005, re: Federal Communications Act. Council would like Mr. Raths to put on the next agenda opposition to this act.


#11 Correspondence from Frank Panico, NJDEP, to Warren Potter, Roxbury Auto Wreckers, dated June 30, 2005, re: Compliance Evaluation and Assistance Inspection, Block 7101, Lot 30 & 31.  Mr. Raths is to get an update on the use of the property.


#12 Correspondence from NJLM, re: League Seminar, PARIS: A Revolution in Public Archives and ManagementDeputy Mayor Schmidt advised Council that he and BettyLou DeCroce, Township Clerk will be attending.  Mr. Hall also stated that he would like to know whenever future classes pertaining to the PARIS Grants are held.  Ms. DeCroce said she would make sure he is advised.


#17  Correspondence from Abby Montgomery, Health Department, dated August 2, 2005 re: Housing Ordinance – Advise Council only.


#25 Correspondence from Assemblyman Alex DeCroce, to Mayor, re: State Budget: prepare resolution for next agenda.





Dennis Wine

4 Holly Road


Mr. Wine discussed 05-288


Charlie Alpaugh

Eyland Avenue


Mr. Alpaugh discussed the sound system and stated that its terrible.  Deputy Mayor Schmidt stated that it has been looked at and the Company will be contacted again.  Ms. Palmieri will advise Mr. Raths.



05-293  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.


At 8:50 PM Mr. Rilee made a motion to approve 05-293 for an Executive Session.  Mr. Smith seconded the motion.


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

                        Mr. Ciaramella – Yes            Mr. Hall – Yes

                        Ms. Urgo – Left the meeting, as property acquisitions will be discussed during Executive Session, and a potential conflict of interest could exist.

                        Deputy Mayor Schmidt – Yes


Motion Carried 5 to 0




Council returned to the Regular Meeting at 9:05 PM.


Mr. Rilee made a motion to adjourn the Regular Meeting.  Mr. Smith seconded the motion.


All In Favor – Yes


Motion Carried 5 to 0






BettyLou DeCroce

Township Clerk



DATE:                         September 13, 2005

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

                                    Mr. Ciaramella – yes            Mr. Hall – yes

                                    Mayor Zoschak - yes