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April 25, 2006


A Workshop Meeting of the Township Council of the Township of Roxbury was held on April 25,  2006 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, 2006; notice was posted on the bulletin board in the main hallway of the Municipal Building on January 5, 2006.


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


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


Mayor Schmidt requested a moment of silence in memory of William “Billy” Ward, Jr., a Township employee, who passed away suddenly on Sunday, April 23rd.



New Business


Chief Mark Noll, presented Council with an overview of the Police Department, which includes the Patrol Division, Detective Division and Support Services Division.


There are two Lieutenants in each Patrol Division, along with four-six officer patrol squads consisting of one Sergeant, one Squad Leader (Corporal) and four Patrolmen.  Each squad has EMT, Tactical and Dive Rescue capabilities. The uniformed police patrols 12 hour shifts (6 to 6) and are the 1st responders to all incidents


The Detective Division consists of one Sergeant and five Detectives.  They conduct criminal investigations, process crime scenes/accidents, conduct background investigations and are in charge of  property/evidence.  They also provide departmental IT support.


The Support Services Division consists of one Lieutenant, two Sergeants, nine Patrolmen, five full time dispatchers, three part time dispatchers and three records clerks. In this Division there are the following Units: Traffic Safety, Community Services, Emergency Services, Communications, Records and Training.


The Traffic Safety Unit conducts fatal/serious motor vehicle accident investigations and reconstruction; motor vehicle law enforcement and citizen complaint follow up; accident report review and periodic reporting to the State and Township.  It consists of one Sergeant and five patrolmen.


The Community Services Unit consists of three officers and includes the DARE/School Resource Officer Programs; Child/Elder ID Programs; Neighborhood/Business Watch Programs; Crime Prevention Surveys/Victim Follow up; Place of Business Files; Alarm Enforcement; Explorer Post; Community Programs (National Night Out/Roxbury Day) and Specific Neighborhood Problems.


The Emergency Services Unit conducts Medical Response to Emergencies (one full time and 19 part time EMTs); Tactical Response (13 part time SWAT operators) and Water Rescue/Dive (10 part time technicians)


The Medical Support Unit responds to all medical emergencies and accidents with appropriate equipment and training and supplements the Fire Department Rescue Squad  response.  There is one dedicated vehicle which contains everything carried on an ambulance, plus two sets of dive gear and a set of jaws.  There have been over 20 defibrillator saves since the unit’s inception in 1991.


Chief Noll stated that he feels that the Communications Units is the most important and most neglected function in the Police Department. They are the first contact with the public and are responsible for Officer safety when the Officer is on a call.  They provide emergency medical dispatch and provide lifesaving instructions when someone calls 9-1-1.  They are State certified for emergency medical dispatch, how to run the NCIC terminals and how to correctly answer the 9-1-1 phones.  They are responsible for all incoming telephone, radio and computer traffic.  They are responsible to dispatch the appropriate response, such as Fire, Police, Rescue, DPW or Utility.  They are also responsible for data entry when an Officer calls in with a contact and they are responsible for records search.


The Records Units consists of 3 full time clerks who are responsible for filing/retrieval of all reports, data entry, UCR reporting to the State Police and Federal government, statement transcription and Court discovery.


There is one full time Sergeant in the Training Unit which maintains all training records, schedules all in-service schools, supervises maintenance of all mandatory training certifications, which includes firearms, use of force, domestic violence, pursuit policy, CPR, EMT, chemical agents and the ASP/Baton.  This unit is responsible for fleet management, equipment maintenance and inspectional services and supervises the firing range supplies, activities and maintenance


Chief Noll advised that the vehicle fleet for the Township includes 22 cars/trucks, 1 motorcycle and 1 boat.  All line units are equipped with high band and UHF radios, computers, first aid, fire suppression and basic rescue gear


Mr. Ciaramella stated that there was recently a letter in the Roxbury Register regarding Ptl. Beck and the help he provided to a Landing family.  Mr. Ciaramella complimented Ptl. Beck and the Roxbury Police Department.


Mr. Hall questioned if the State cut backs will affect the Roxbury Police Department in any way.  Chief Noll stated that there will be a filtered down affect. Some services that were provided by other agencies, such as the FBI and State Police, are now handled by the local departments. 


Discussion ensued regarding the reasoning for the request for Dodge Chargers versus the Crown Victorias.  Chief Noll explained Warnock Ford would not guarantee a delivery date and last year the cars were not received until October.  Chrysler does not have the problem with delivery and, therefore, they looked at Dodge Chargers.



Mrs. DeFillippo thanked everyone for their participation in the MS Walk on Sunday.  Even with the poor weather, there were approximately 200 walkers.


Mrs. DeFillippo stated that the Economic Development Committee recently held a seminar for “How to Prepare Businesses for Emergencies”. 


Mrs. DeFillippo advised that she and Mr. Raths will be attending the “Downtown Revitalization” seminar in Trenton tomorrow.


Mrs. DeFillippo advised that Roxbury Township will be on the Services Committee and Alternate Regional Coordinator for the Community Development Revenue Sharing Committee for the next two years


Mrs. DeFillippo requested an update on the railroad ties that are still on Carey Road.  Mr. Raths stated that he called a couple of weeks ago for them to be removed.  He will follow up. 


Mr. Hall advised that the Cable Committee met yesterday and everything is moving along very well. 


Mr. Hall attended the Board of Education meeting last night.  Dolores McCleerey was elected Board President.  The defeated school budget was discussed.


Mr. Ciaramella advised that, on behalf of Mayor Schmidt, he attended an Eagle Scout presentation  on April 9th for Daniel Brijlall.


Mr. Ciaramella advised that there was a DPW meeting last week.  Mr. Raths advised that the Township has two open purchase orders for engineering and architectural work.  We are now ready to proceed to the next level.


Mr. Ciaramella advised that the Economic Development Committee will be holding a meeting this Thursday at 7:00 PM.


Mr. Ciaramella requested an update regarding the truck stop in the Berkshire Valley area. Mr. Raths advised that the first call was received in February regarding a hole in the fence, slats missing and trucks using their horns late at night.  Mr. Raths contacted the State, who immediately repaired the hole.  They  have not done anything with the privacy slats or the configuration for the trucks exiting. He requested that the resident take pictures and he has   forwarded them to Mr. Ciaramella, the DOT and Barbara Kinback of Senator Bucco’s office.  Mr. Raths spoke with Scott from the DOT yesterday and was advised that if the slats are in stock it can be done. If not, they will have to be ordered and he does not know when that will be done.  The Roxbury Police Department  and the State Police are now patrolling the area.


Mr. Smith requested an update on the Groh property in Landing.  Mr. Blood, Assistant Director of Public Works, stated that the Road Department has not yet begun its burm work in the Shore Hills area and this problem will be addressed at that time.  They will make the burm as high as they can to allow an ambulance to pass over it. This should be accomplished in the next week or two.


Mr. Smith advised that the Open Space Committee is preparing for the Planning Incentive Grant (PIG) application to be sent to the DEP and Green Acres.


Mr. Smith advised that the Water/Sewer Committee met last Friday.  With respect to most of the water/sewer issues everything is moving along well.


Mr. Zoschak stated that the Lake Hopatcong Commission will be holding a TMDL meeting on May 17th  at the State Park.


Mr. Zoschak would like a resolution from council to the DEP supporting full funding for the Lake Hopatcong Commission.


Mr. Zoschak advised that Jose Fernandez, Director of Parks and Forestry, visited the Landing sea wall.  There is now green construction tape blocking off  the dangerous section of the sea wall.  Mr. Fernandez will contact the DEP to attempt to get this fixed.


Mr. Zoschak asked if there is any way the Township can get a 319 grant for the King Road detention basin.  Mr. Raths will check on this. 


Mr. Zoschak requested an update on the road striping by the car wash.  Mr. Raths stated that the DOT advised that everything will be done by Memorial Day.  Mr. Raths will contact the DOT again to remind them.


Mr. Zoschak stated that once again the Council meeting was not noticed in the Daily Record.   


Mr. Rilee requested, for the public’s information, an outline as to how the Township will handle the school budget. Mr. Raths stated that all the documentation, as required by the State, has been received.  He has had several conversations with Dennis Mack, Superintendent of Schools, who has provided some information regarding reductions.  By the end of next week, Mr. Raths will have recommendations for Council, which will be discussed at the May 9th meeting.  Action on the amount to be reduced must be taken by May 19th. He reminded Council that they can make recommendations; however the School Board decides where the cuts come from.  Mr. Raths has contacted Tom Ferry, the auditor who was used the last time, and they will be meeting on Friday.


Mayor Schmidt advised that the Environmental Commission is working on an ordinance for the stream buffer monitors.  He gave Mr. Bucco information for his review.


Mayor Schmidt received a letter from Congressman Frelinghuysen regarding Medicaid information.  This will be passed on to the Health Department.


Mayor Schmidt asked which signs are allowed in the Township, under the Sign Ordinance.  Mr. Bucco stated that there is a list of exempt signs and temporary signs in the Ordinance.  The Zoning Officer can look at the Ordinance and if the sign fits the category, it will be allowed.


Mrs. DeFillippo reminded everyone that the next Neighborhood Council Meeting will be held on May 16th at the Berkshire Valley Firehouse at 7:00 PM.


Mrs. DeFillippo reminded everyone of the Memorial Day Parade, which will be held on May 29th at 10:00 AM.  There will be a ceremony and free food following the parade.


Mr. Raths stated that he received complaints that the Township was disposing of recyclables with the  trash.  Mr. Blood met with staff and advised them that this is unacceptable.  


Regarding a question on the Health Department report regarding immunizations, Mr. Raths advised that there are no immunizations required at Eisenhower Middle School.


Old Business

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



Rockaway River Watershed Cabinet—2 Members, 1-year term


Mr. Rilee made a motion to appoint Tom Buglisi to the Rockaway River Watershed Cabinet.  Mr. Smith seconded the motion.


Roll Call:

Mr. Rilee – yes            Mr. Smith – yes

Mr. Ciaramella – yes    Mrs. DeFillippo – yes

Mr. Hall – yes              Mr. Zoschak – yes

Mayor Schmidt – yes


Motion carried 7 - 0


Economic Development Committee—1 Member, 3-year term – Will be discussed at a future meeting

Raritan Highlands Compact—2 Members – Will be discussed at a future meting



Robert Kluska 274 Emmans Road, Flanders stated that the Agenda was not on the computer as of noon Monday.  Mr. Raths advised that the Agenda did not get posted this week until Tuesday morning.


Mr. Kluska asked if, in accordance with the Sign Ordinance that is on the Agenda tonight, will the VFW flag on the island and the signs on the road will still be allowed.  Mr. Raths advised that the Ordinance that is shown on the Agenda tonight has already been adopted and was inadvertently put on the Agenda.  Regarding the flags and signs, since the VFW is non-profit, they are exempt from the Ordinance.


Mr. Al Wagnecz, 61 Kenvil Avenue, Succasunna, spoke regarding the possibility of attaching a portion of the Sweney property that adjoins Chesler Lake to his property.  He asked how this will be accomplished.  Mr. Bucco stated that, at this time we are having the metes and bounds descriptions prepared for each of the lots, then a resolution will be adopted authorizing conveyance to the contiguous property owners.  Once that is completed, a deed will be executed by the township and recorded. The original recorded deed will be provided to the property owner.  Mr. Bucco further stated that this should be completed within the next month or two. 



Mrs. Rieth advised Council that there was an additional Raffle Application (Item K) and a Special Permit for a Social Affair Application (Item L) on the dais to be approved this evening.


A.            Application for Raffles License No. RA: 1285 by Roxbury High School Ice Hockey Booster Association

B.            Application for Raffles License No. RA: 1286 by Roxbury High School Ice Hockey Booster Association

C.            Application for Raffles License No. RA: 1287 by Succasunna Lions Club

K.            Application for Raffles License No. RA1288 by Two Kids Foundation

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


Mr. Rilee made a motion to approve Items A, B, C, K and L.  Mr. Zoschak seconded the motion.


Roll Call:

Mr. Rilee – yes            Mr. Zoschak – yes

Mr. Ciaramella – yes    Mrs. DeFillippo – yes

Mr. Hall – yes              Mr. Smith – yes

Mayor Schmidt – yes


Motion carried 7 - 0


D.        Letter from Grace, the Church on the Mount request waiver of fee

Mr. Zoschak made a motion to approve Item D to waive the application fee only.  Mr. Rilee seconded the motion.


Roll Call:

Mr. Zoschak – yes       Mr. Rilee – yes

Mr. Ciaramella – yes    Mrs. DeFillippo – yes

Mr. Hall – yes              Mr. Smith – yes

Mayor Schmidt – yes


Motion carried 7 - 0


E.            Request for representative to Lake Commission from Musconetcong Watershed Group.

Mr. Raths advised that Matt Sprung would like a representative to serve on the Musconetcong Watershed Group.  Council would like more information.


F.         Ms. Juanita Galate’s request to buy Block 13201, Lot 10

Council agreed not to sell this property.


G.        RJ Investors’ request to buy Block 9707, Lot 14 Roosevelt Way, Landing

Council agreed not to sell this property.


H.        Mr. Peter Rochelle’s request to vacate 8th Avenue.

Council agreed to wait until Mr. Rochelle returns to the Planning Department with a revised site plan.


Mayor Schmidt amended the Agenda to discuss Item J.


J.          Boy Scout Troop request to use Ledgewood Basin Park

Mr. Don Dyrness, 8 Alexandria Drive, representing the Boy Scouts advised that this organization was started to improve the cabin at Ledgewood Park to be used for Roxbury Scout organizations for meetings, camp outs, etc.  They would like to expand this to develop campsites, lean-tos and hiking trails.  He further advised that the “Ledgewood Park Preservation Society, Inc.” was formed in order to file for 501C3 status to be able to accept corporate donations.


Discussion ensued regarding who will sign the agreement and how the insurance will work.  It was agreed for Mr. Bucco and Mrs. DeCroce to work out the insurance issues and bring the information back to Council.  Council agreed for the term of the Agreement to be 30 years.  The Scouts are requesting permission to construct lean-tos on the property.  Council agreed, as long as they are not permanent structures.  It was agreed that language prohibiting illegal drugs be placed back in the Agreement.  For the initial clean up of the site, it was agreed that the Township would provide a dumpster.  The Scouts have requested that the license be amended to provide reimbursement to them for all costs associated with any improvements made to the property if the Township chooses to terminate the license. Council did not agree on this item.  Regarding Paragraphs 22 and 23 of the Agreement pertaining to use of the property and the yearly reporting requirement, Mr. Bucco advised that this is a statutory requirement and must remain.


I.            Township Dog Park

Mayor Schmidt advised that, in lieu of the Health Department handling the licensing for the park, Pet Goods has agreed to do the tags for the Township.  They are willing to provide the tags to the people for a fee of $10.00 or $12.00, with the Township receiving the money. Mr. Bucco advised that the Township cannot allow one business to do this without a public bid process..


Discussion ensued as to how to proceed with the licensing and, if the Dog Park Committee was to operate the facility, how the insurance would work. There was also discussion on the possibility of the Dog Park Committee putting together a business plan. Mayor Schmidt stated that, based on previous discussions with Council, the Dog Park Committee has raised $5,500 to construct the park and at that time the Health Department was in agreement with the park. There now seems to be different feelings and Mayor Schmidt stated that he is disappointed with the Council tonight. Mr. Rilee stated that his comments tonight were not negative and it is incumbent upon the Dog Committee to come up with a plan.  Mr. Zoschak stated that this has evolved from something different than was originally presented to Council.  Originally the Dog Park Committee was going to run the park, insurance issues have arisen and there have been discussions on the Township running the park .  Mr. Hall stated that he is not necessarily against the park. Since this has changed from a self-maintained scenario to a scenario that may be run by the Township, additional information is needed.  Mr. Ciaramella stated that he will support this as long as it does not cost the Township any money. Mr. Smith agreed that he does not want it to cost the Township any money. Mr. Raths will provide Council with further information on the Dog Parks in Randolph and Montville.   


J.          Boy Scout Troop request to use Ledgewood Basin Park

Previously Discussed



April 11, 2006 - Executive Session


Mr. Rilee made a motion to approve the above Minutes with the revisions made by Mr. Bucco.  Mr. Ciaramella seconded the motion.


Roll Call:

Mr. Rilee – yes            Mr. Ciaramella – yes

Mrs. DeFillippo – yes    Mr. Hall – yes

Mr. Smith – yes       Mr. Zoschak – yes

Mayor Schmidt – yes


Motion carried 7 – 0






16-06     An ordinance amending Chapter XIII, Land Development Ordinance, of the Revised General Ordinances of the Township of Roxbury, pertaining to illegal signs and penalties for the violation of this chapter


Mrs. Rieth stated, for the record and to advise Council and the public, that the original letter was received on January 19, 2006, the Ordinance was introduced on January 24, 2006, adopted on February 14, 2006 and became effective on March 9, 2006.  Mr. Raths stated that he had spoken with Council members and it was an error on his part that the Ordinance was placed back on the Agenda.









06-140  A resolution incorporating by reference herein and approving the following numbered resolutions listed on the workshop council meeting agenda for this date:  06-142, 06-143, 06-144, 06-145, 06-146, 06-147, 06-148, 06-149, 06-150, 06-151, 06-152, 06-153, 06-154


Mr. Rilee made a motion to adopt Resolution 06-140.  Mr. Zoschak seconded the motion.


Roll Call:

Mr. Rilee – yes            Mr. Zoschak – yes

Mr. Ciaramella – yes (recuse on checks no. 39681, 39682, 39683)

Mrs. DeFillippo – yes   Mr. Hall – yes

Mr. Smith – yes (recuse on check no. 39687)

Mayor Schmidt - yes


Motion carried 7 – 0 with recusal on checks no. 39681, 39682, 39683 and 39687


06-141    A resolution authorizing the acceptance of a cash bond final site plan from Kazi Foods

of NJ for property located on Route 46, Block 6501, Lot 19

This resolution was pulled as the bond has not been signed.


06-142  A resolution authorizing refund of taxes for a total disabled veteran exemption


06-143  A resolution amending the membership of the Township Fire Department


06-144    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


06-145  A resolution authorizing the refund of taxes


06-146   A resolution approving the annual report of the Health Department for the Township of

  Roxbury for the Calendar Year 2005


06-147    A resolution authorizing a sanitary sewer allocation to the Boundary Motel located at

408 Route 46, Kenvil, Block 2608, Lot 3


06-148    A resolution approving Change Order No. 3 to the Professional Engineering Services

Contract with Suburban Consulting Engineers, Inc. for the Skyview Wastewater Treatment Plant Decommissioning Project, Conkling Road Storm Sewer and Mooney Road Water Main Projects


06-149    A resolution authorizing the Township of Roxbury to enter into a Memorandum of

Understanding with the County of Morris for access to the Morris County Integrated Justice Information System (MCIJIS)


06-150    A resolution authorizing the purchase of one 17,500 GVW truck chassis from Warnock



06-151    A resolution authorizing the award of a contract for a bulldozer and operator for various



06-152    A resolution authorizing the award of a contract to supply topsoil for various projects to

 Andy Matt, Inc.


06-153  A resolution authorizing the refund of taxes


06-154  A resolution authorizing payment of bills



April 13, 2006

#6 – Correspondence from Kris Killuri, Commissioner, NJDOT, to Mayor, dated April 7, 2006, re: NJDOT Fiscal Year 2007 Municipal Aid Program – Mr. Raths will check with Mr. Blood to determine if there is any cost impact to the Township for the use of super pave.  The Township has begun the process of identifying projects for next year.


#8 – Correspondence from Laura Nash, Robins, Kaplan, Miller & Ciresi, dated April 5, 2006, to Roxbury Township Mayor, Re: Election to Withdraw as Surety, Bond No. 257387 – Mr. Raths advised that Metricom, Inc. was the company that placed the transmitters on the light poles in the Township.  Mr. Bucco is looking into this and has asked the township Engineer if the fixtures were removed from the poles.


#13 – Correspondence from Christopher Raths, to Mrs. Kenneth Roedel, dated April 10, 2006, re: Response to Complaint – Mr. Raths spoke to Mr. Roedel and Mr. Potere will go out this week.


#16 – Correspondence from Kris Marino, Morris Tomorrow, to Lucinda Taterka, dated April 12, 2006, re: McFlower Award – This was done by Morris Tomorrow and Mr. Petillo won the award.


#18 – Correspondence from Boy Scout Troop 54, to Christopher Raths, dated April 9, 2006, re: Eagle Scout Awards for Andres Adams, David A. Marconi and Michael LoVasco – The Mayor presents a plaque.  It was suggested that a certificate signed by all Council members also be presented.


#20 – Correspondence from Christopher Raths, to Paul Chodniewicz, Deer View Estates, dated April 12, 2006, re: Water Line on Nicholson’s property – The letter was received and they should be negotiating with the property owner.  Mr. Raths will follow up.


#21 – Correspondence from Morris County Community Development, to Mayor/Council, dated April 11, 2006, re: Dell Avenue Park Time of Performance Extension – The fence has been installed.


April 21, 2006

#2 – Invitation from Lois Wnek, Morris County Park Commission, re: Invitation to Earth Day Celebration on April 22, 2006 – In the future date sensitive items will be faxed or emailed to Council.


#5 – Correspondence from William Deane, Vice President of Dewberry, to Christopher Raths, dated April 17, 2006, re: Landing Recreation Project – This has been sent to Dave Stierli.


#10 – Mayors Fax Advisory from NJLM, dated April 13, 2006, re: Update on Low Speed Vehicles (LSV’s) – The Township has no problem with these vehicles at this time. This will be filed.


#12 – Correspondence from Vincent Toscano, 13 Lincoln Drive to Christopher Raths, dated April 11, 2006, re: Lincoln Drive Neighborhood Streets Deteriorating Rapidly – Mr. Raths is following up.


Discussion ensued regarding the need to repair catch basins.  Mr. Blood advised that they will not be repaired for an extensive amount of time due to other projects that need to be completed and the lack of manpower.  It was suggested that all of the work that has been completed by Public Works be posted on the Township web site to show the good work that has been done.


#18 – Correspondence from Joseph Giorgio, Hanover Township Clerk to Ms. Celeste Fasone, Office of Cable Television, dated April 18, 2006, re: Resolution of the township Committee Opposing Cablevision’s Digital Cable Service Requirement – If a resolution has not already been adopted, one will be prepared.




05-155 A 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 10:20 Mr. Ciaramella made a motion to adjourn the Workshop Meeting.  Mr. Rilee seconded the motion.


All in Favor - Yes


Submitted By:





BettyLou DeCroce

Township Clerk


DATE:                        June 13, 2006

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

                                    Mrs. DeFillippo – yes       Mr. Hall – yes

                                    Mayor Schmidt - yes