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November 29, 2005                                    REVISED


A Regular Meeting of the Township Council of the Township of Roxbury was held on November 29, 2005 at 1715 Route 46, Ledgewood, New Jersey 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) Councilmen John Ciaramella, Fred Hall, Jim Rilee and Mayor Richard Zoschak


ALSO PRESENT:  Christopher Raths, Township Manager; Anthony Bucco, Township Attorney and Janet Rieth, Deputy Township Clerk


Councilmen Tim Smith and Martin Schmidt were absent.


Councilwoman Sandy Urgo arrived at 7:40 PM.



Presentation—Service to ROMAC

Mayor Zoschak presented plaques to Claudia Murden and Ptl. Glenn Gordon in appreciation for their many years of service to the Roxbury Municipal Alliance Committee.


At this time, Mayor Zoschak amended the Agenda to the Public Portion



Dave O’Connor, 7 Yale Dr., Succasunna discussed the notice of violation he  received for parking his commercial truck on his residential property, which is not allowed per Township Ordinance.  He advised that he works for Cablevision and uses the truck on a 24 hour basis when he is on call and it is necessary to have it at his residence during certain weeks for call outs. Mr. O’Connor stated that, when he is not on call, his truck will not be at his home.  Mr. O’Connor was advised that he would need to go to the Zoning Board of Adjustment to obtain a variance.  He will speak with Tom Potere, Zoning Officer, regarding the process and the enforcement of the notice of violation during the process.


At this time, Mayor Zoschak returned to the Presentations

Presentation—Housing Element / Fair Share Plan (Reference Resolution 05-410 and separate handout with the Planning Board Resolution included in weekly package of November 18, 2005)

Russell Stern, Township Planner; Frank Banisch and Chuck McGroarty, Planning Consultants, presented Council with an overview of the Township’s Housing Element/Fair Share Plan.   Mr. Stern advised that the Housing Element and Fair Share Plan of Roxbury was last approved and received substantive certification from the Council On Affordable Housing in November of 1997, which took us to 2003 when we were required to do another Housing Element and Fair Share Plan.  Because COAH did not promulgate its rules and regulations at that time, extensions were issued.  We later received another extension to December 20, 2005.  The Planning Board adopted its Housing Element and Fair Share Plan as an element of the Master Plan on November 9, 2005.  In order to achieve substantive certification from COAH, the governing body must endorse the Housing Element and Fair Share Plan. It will then be submitted to COAH to begin the substantive certification process.  Mr. Stern stated that the Township has an affordable housing surplus that will take us to the year 2014.  We have met our obligation for third round.


Mr. Banisch stated that the Township is required to provide 245 low/moderate income housing units for the third round obligation.  In addition to having met this goal, the Township has 233 excess units, which can be applied to the next round. 


Mr. Stern advised that the Township does not receive double credits for group homes, which decreased our surplus by 21 credits.  Mr. Banisch stated that the Township does have 116 units of age restricted affordable housing that cannot be counted because of the way the rules cut us off.  However, they are available for the next round


Mr. Hall stated that he had asked the Township Attorney if the Township could designate a recipient location in Morris County for an RCA.   Mr. Bucco advised that COAH has recipient municipalities in a pool and the Township must negotiate through COAH for that agreement.  Mr. Hall stated that the RCA value is $35,000 and it would be to our advantage to sell off RCA credits quickly before the amount goes up.  Mr. Banisch recommended that, if the Township is interested, they should begin working on RCA agreements as soon as possible. 


Mr. Bucco stated that the difference between Roxbury Township and other municipalities is that Roxbury has units on the ground, whereas other towns have zoning in place for affordable housing.  Instead of showing future plans, Roxbury is showing what is already built.


Council commended Mr. Stern, Mr. Banisch, Mr. McGroarty and everyone involved for the amount of time that has been spent on this project and for doing a fine job.


Presentation—Permitting and Complaint Monitoring Process

Mr. Raths advised that this is in keeping with the Department Heads attending meetings and making presentations on a regular basis.  However, two things will be shown tonight, one is what is being done to make the Construction Department operate more efficiently and Rob Kuncken will be presenting the complaint management system, which will go into effect at the beginning of the new year.


Russell Brown, Construction Code Official, presented Council with an overview of the Construction Department and advised that they are charged with permitting, inspecting and enforcing the Uniform Construction Code Regulations for both Roxbury and Netcong.  He further advised that the Department currently has four full time and two part time employees.  The revenues collected for Roxbury Township in 2005 (year to date) have surpassed the 2004 total by $180,963. 


Mena Schultz, of Triad Consulting, working as a consultant for the Township, explained the permitting process to Council.  She advised that she has met with the department heads and staff  of the Planning/Zoning, Engineering, Health and Construction Departments to discuss  the current process,  what is right and wrong with the process, as well as solutions that may be put into place. Ms. Schultz stated that she does feel that, individually, each department knows what they are doing and they do it well.    Ms. Schultz pointed out that the main problems are the applicants’ lack of understanding of the permit process, the Township’s limited knowledge, time and resources and communication between departments and between the Township and the applicant.


Ms. Schultz went on to explain the solutions, with the first being public education, the second a more proactive, less reactive approach and lastly staff empowerment and cross training, which would allow the staff the authority to answer questions.  Ms. Schultz designed a sign that covers the order of operations and the questions as to applicability of each of the departments.  She feels this sign should be placed in as many places as possible, such as a handout at each counter, in the Roxbury Image and on the Township’s web site. Ms. Schultz advised the end goal would be a kiosk at Town Hall, one at the Health Department and a portal through the web site accessing the data logic software.


Rob Kuncken, IT Director, described the process of receiving and handling complaints.  He advised that complaints are taken in different ways, such as walk-in, phone calls and he has processed 79 complaints to date off of the web site. The GIS system has a complaint and service request tracking option.  Mr. Kuncken then showed Council, through a demonstration of the system, how a complaint will be received and handled. Mr. Raths advised that the recipients, who will initially be trained to receive complaints, will be Rob Kuncken, Carmen Stadelman of the Engineering Department, Debra Ward of Public Work/Recycling, an employee of the Planning/Zoning Department and Lucinda Taterka, the Township Manager’s Executive Assistant. Eventually other departments will also be trained. It is anticipated that this system will go into effect in January.


At 9:00 PM Council took a short break.

At 9:10 PM Council returned to the Regular Meeting.




October 25, 2005       Workshop Meeting

November 14, 2005   Workshop Meeting - TABLED


Mr. Rilee made a motion to approve the Minutes of  the Workshop Meeting of October 25, 2005.  Mr. Ciaramella seconded the motion.


Roll Call:

Mr. Rilee – yes Mr. Ciaramella – yes

Mr. Hall - abstain         Ms. Urgo – abstain

Mayor Zoschak – yes


Motion carried 3 – 0 with 2 abstentions



Previously Discussed   





Procurement Policy – This will be discussed at a future meeting.



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

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

Open Space Acquisition Advisory Committee: 1 Member, un-expired term of Mena Schultz (1/1/04 > 12/31/06)


Mr. Rilee made a motion to appoint Nicholas DePalma to the Lake Hopatcong Commission to fill the unexpired term of Brandon Phillips (1/1/04-12/31/05) and Tom Buglisi to the Lake Musconetcong Regional Planning Board to fill the unexpired term of Brandon Phillips (11/25/03 to 12/31/06). Mr. Ciaramella seconded the motion.


Roll Call:

Mr. Rilee – yes Mr. Ciaramella – yes

Mr. Hall – yes              Ms. Urgo – abstain

Mayor Zoschak – yes


Motion carried 4 – 0 with one abstention


Mr. Ciaramella advised that the Economic Development Committee met last week and discussed possible signs at various locations for the entrance to Roxbury Township.  Mr. Raths is arranging for the sign maker, Mr. Catelli, to make a presentation to Council.


Mr. Ciaramella questioned the status of the DPW facility. Mr. Raths advised that a meeting was held two weeks ago and he will send out a notice for the next meeting date.


At this time Ms. Urgo stepped down due to a potential conflict of interest.


Mr. Hall advised that he received a call from Mike Brennan of the Morris Land Conservancy.  He brought to Mr. Hall’s attention that the Gottdiener property is still listed as a pending acquisition and should be listed as Mooney Mountain Farms and shown as being owned by the Township.


At this time Ms. Urgo returned to the dais.


Mr. Hall stated that he attended the girls high school soccer finals in Ewing.  Although they did not win the State finals, they did a wonderful job this year.  The Cross Country team broke the Meet of Champions record  and, as of today, they are rated sixth in the Nation.  They will be competing in Oregon this weekend.  Council will recognize the Cross Country Team with a plaque after they return from the Oregon competition.


Mr. Hall advised that he received notification pertaining to a meeting in regards to the ongoing issues with the Library HVAC system.  A report was received indicating that there are significant issues.  Mr. Raths advised that he spoke with Mr. Schmidt before the meeting tonight and he feels that the best approach, as discussed earlier, is to turn this over to the Township Attorney to address.  Council agreed with this decision.


Mr. Hall stated that he attended the Health Insurance seminar at the League of Municipalities Conference, where they were advised that the health insurance rates are rising at three times the rate of inflation.  Within the next ten years it will cost approximately $30,000 per employee for health benefits. 


Mr. Hall stated that the Computer Committee met recently and Council will receive a report in January.


Mr. Hall stated that the Recreation Advisory Committee met recently and the Recreation Master Plan will be discussed next Tuesday.


Ms. Urgo stated that a Water Committee meeting was held last week.  The committee agreed that the Township will be able to put a well somewhere on the DPW site. Bob Nicholson, of USGS, did modeling for the Roxbury Water Company well and the State suggested that the Township might want to update that modeling, which would be applicable to our site.  This would cost $35,000. Before making any formal recommendations, the Township’s consultant will speak with the DEP to obtain some assurances that we will be able to move forward.  Ms. Urgo advised that the Water Committee is not recommending abandoning the Pine Street location as a well site.  Mayor Zoschak stated that, if the upgrade of the existing well would not be possible, it may be cheaper to dig a new well at that location.  Mr. Raths stated that the Water Committee report will be in this week’s packet and will be discussed further at the December 6th meeting.


Regarding the Fire Chiefs, Mr. Rilee requested an update on the duty crew sign up sheets.  Mr. Raths advised that he received them today.  He will have Lucinda put them on the calendar to determine what shifts we might have to cover should we use our own personnel.  Chief Hayowyk has been sending emails regarding our insurance obligations and Mr. Raths has been forwarding them to Mr. Bucco.


Mayor Zoschak stated that at the League of Municipalities Conference, the Lake Hopatcong Commission received  the DEP award for excellence for their program on phosphorous fertilizer.


Mayor Zoschak attended the press conference held last night at the Musconetcong Sewer Authority regarding the wastewater management plan.  Eight municipalities were represented and everyone is against the DEP taking the MSA capacity away.  Mr. Raths advised that Township staff is preparing comments for the comment stage of the process.


Mayor Zoschak advised that he and Chris Raths met with staff from the Department of Transportation and it was a very positive meeting.


Mr. Raths advised that the Lower Berkshire Valley United Methodist Church is installing a handicap ramp and is requesting that the zoning permit fees be waived.


Mr. Rilee made a motion to waive the zoning permit fees for the Lower Berkshire Valley United Methodist Church.  Mr. Hall seconded the motion.


Roll Call:

Mr. Rilee – yes Mr. Hall –yes

Mr. Ciaramella – yes    Ms. Urgo – yes

Mayor Zoschak – yes


Motion carried 5 – 0


Mr. Raths stated he, Mayor Zoschak, Mike Kobylarz, Township Engineer and Ptl. Gregg Prendergast met with representatives of the DOT regarding issues on Routes  10 and 46.  By Memorial Day, the DOT will be installing an advanced warning light near Salmon Lane, approaching the jug handle.  They will also look at the Route 46/Route 10 intersection and possibly bring the Main Street intersection, by the King House, to a 90-degree angle.  They will be looking at opening the gateway for one-way traffic, going in only. Mr. Raths stated that  the DOT is committed to striping the third lanes by the jug handle and at the Route 10/Route 46 intersection to prohibit vehicles in those lanes.  They are also going to fast track the Hillside Avenue/Route 10 intersection to extend the stacking/turning lane.  Mayor Zoschak advised that work on the Commerce Boulevard intersection will begin in 2009, if it gets funded.  Council requested that Mr. Raths send a letter to the DOT thanking them and identifying the areas which were discussed.


Mr. Bucco stated that Council received copies of the regulations and restrictions for open space purchases that are required for funds acquired through Green Acres program. Mr. Bucco further stated that the acquisition of the Blanchard property has fallen through, as the funds from the company in Texas did not materialize.  However, the acquisition of the Riggs property is moving forward and these restrictions will apply to that property. 


Mr. Bucco stated that he looked at the Hunter’s Ridge final approval for the detention basin and condition #6 did provide for a $15,000 contribution for maintenance of the basin.  Mr. Bucco spoke with Wellfleet’s director today and requested that they provide the check by the December 13th meeting.  Mr. Bucco recommended that 05-397 be placed on the meeting of December 13th, provided the Township receives the $15,000 and Mike Kobylarz, Township Engineer, is satisfied with the retaining wall. 



Entryway Signs – Boundary Signs Entering and Leaving Roxbury Township

Mr. Raths advised that Mr. Catelli will attend the December 13th meeting to discuss the entryway signs with Council.  It has been decided to use the same design as the sign that is located on Route 46 across from Cliff’s Dairy.  Ms. Urgo stated that she objects to advertisements on entryway signs.  She further stated that the Township has more signs now that we need and she feels that the program is a bad idea.  Mr. Raths explained that Mr. Catelli has made it clear that the Township will provide him with a list of vendors to contact.


Mr. Rilee stated that he feels the program is a good idea.  These signs are prevalent in other Counties and the advertising is usually very discreet.



Application for Raffles License No. RA: 1264 by Home School Association of St. Therese School


Mr. Rilee made a motion to approve the above Raffle License Application.  Ms. Urgo seconded the motion.


Roll Call:

Mr. Rilee –yes              Ms. Urgo – yes

Mr. Ciaramella – yes    Mr. Hall – abstain

Mayor Zoschak – yes


Motion carried 4 – 0 with 1 abstention









05-402             A resolution incorporating by reference herein and approving the following numbered resolutions listed on the regular council meeting agenda for this date:

                        05-403, 05-404, 05-405, 05-406, 05-407, 05-408, 05-409, 05-411, 05-412, 05-414


Mr. Rilee made a motion to adopt Resolution 05-402.  Ms. Urgo seconded the motion.


Roll Call:

Mr. Rilee – yes Ms. Urgo - yes

Mr. Ciaramella – yes (recuse on checks #37982 and 37984)

Mr. Hall –yes               Mayor Zoschak – yes


Motion carried 5 – 0 with one recusal on checks #37982 and 37984


05-403             A resolution authorizing the acceptance of a Maintenance Bond and subsequent release of a Cash Performance Bond posted by Etel Associates, Inc. for a Tree Bond for site plan approval located on Route 10, Block 6303, Lot 7


05-404             A resolution authorizing the acceptance of a Maintenance Bond and subsequent release of a Cash Performance Bond posted by Frank Nabatian, Inc. for a Tree Bond for site plan approval located on Route 10, Block 1902, Lot 6


05-405             A resolution authorizing the release of Cash Bond No. 2003-396 in connection with a major soil relocation permit for Legends Realty, LLC, located on Route 46, Block 9501, Lot 3

Council was never given the backup for this project. Mr. Raths will verify before the bond is released.


05-406             A resolution authorizing the release of Cash Bond No. 2003-398 in connection with a major soil relocation permit for Mt. Olive Properties, LLC, located on Route 206, Block 9201, Lot 3


05-407             A resolution adopting changes to an existing deferred compensation plan pursuant to the Job Creation and Worker Assistance Act of 2002, Internal Revenue Code Section 457 Regulations (including certain proposed revisions), Internal Revenue Service Revenue Procedure 2004-56 and Internal Revenue Service Procedure 2004-12


05-408             A resolution amending the membership of the Township Fire Department


05-409             A resolution authorizing the refund of taxes


05-411             A resolution authorizing salary and compensation for the Township Manager for the year 2005


05-412             A resolution authorizing payment of bills


05-414             A resolution authorizing the adjustment of water utility bill



05-410             A resolution of the Township of Roxbury, County of Morris, State of New Jersey, endorsing the Housing Plan Element and Fair Share Plan as adopted by the Roxbury Township Planning Board and petitioning the New Jersey Council On Affordable Housing for substantive certification


Mr. Rilee made a motion to adopt Resolution 05-410.  Mr. Ciaramella seconded the motion.


Ms. Urgo stated that she will not be supporting this resolution.  There are some policy issues that that she does not agree with, specifically she opposes the certifying of Muscarelle.  She stated that she feels we are planning units that are not going to be certified or credited.


Roll Call:

Mr. Rilee – yes Mr. Ciaramella – yes

Mr. Hall – yes              Ms. Urgo – no

Mayor Zoschak – yes


Motion carried 4 – 1



Memo from Judy Riley dated November 21, 2005.



November 18, 2005


#1 – Interoffice Memorandum from Christopher Raths, re: Information Update – #10 Tree Preservation/Forestry Plan – Ms. Urgo questioned why this area was picked when there are locations that have more need. Mr. Raths will have Mr. Blood provide a priority list for this season.


#10 – Correspondence from Kenneth Post, 8 Railroad Avenue, Kenvil, re: Signs for Railroad Avenue in Kenvil – This was sent to Mike Kobylarz and the Traffic Division of the Police Department.


#11 – Correspondence from Anthony Bucco, re: Sweney Closing, Block 2301, Lots 19.02 and 19.03 – At this time, Ms. Urgo stepped down due to a potential conflict of interest.  Mr. Ciaramella questioned when the closing will be held for the parcels to the individual owners.  Mr. Bucco stated that the process will start at the beginning of next year.  At this time Ms. Urgo returned to the dais.


#18 – Correspondence from Douglas Zellman, Chairman of Lake Musconetcong Regional Planning Board, dated November 11, 2005, re: Watershed Management Group Participation – Mayor Zoschak explained that the Planning Board would like to obtain grants and in order to do that, they have to be a water management group.  To obtain this designation, they must have partners in the group and are asking surrounding towns to participate.  Council would like more information before making a commitment.


#23 – Correspondence from John Schilp, Broker/Managing Member of Schilp & Co., re: Potential Land Sale Purchase – Council is not interested in purchasing this property. 


November 23, 2005

#2 – Correspondence from the New Jersey Department of Health & Senior Services, Division of Family Health Services, Maternal, Child & Community Health, re: Leaders’ Academy for Healthy Community Development – Request for Applications – This has been sent to the Health and Recreations Departments.  Mr. Hall stated that this may be able to be used for a walking group for the Seniors.


#4 – Mayors Fax Advisory from NJ League of Municipalities, re: A-4073, Qualified Purchasing Agent – Council opposes this legislation.



Dennis Wine, 4 Holly Drive, Succasunna, suggested that, when the Township replaces trees, the  public should be educated as to what can be done to protect them. 



Councilman Hall asked the manager if there would be discussion of his confidential investigative report in closed session.  Mr. Bucco advised that before discussing the report all employees must receive a “Rice” letter advising that the Council intends to discuss their positions in Executive Session.  It was decided that, if necessary, the matter will be discussed at a later date.


Discussion ensued regarding the process for the Clerk’s evaluation.  Council will email their evaluations to Mr. Bucco, who will compile the information and, if they are received in time, the evaluation will be placed on the December 13th Agenda.



05-413             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


There was no Executive Session.



At 10:10 PM Mr. Rilee made a motion to adjourn the Regular Meeting.  Mr. Ciaramella seconded the motion.


All In Favor - Yes


Submitted By:





BettyLou DeCroce

Township Clerk



DATE:                        January 10, 2006

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

                                    Mr. Ciaramella – yes    Mrs. DeFillippo – abstain

                                    Mr. Hall – yes              Mr. Smith – abstain

                                    Mayor Schmidt - abstain