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        October 10, 2006                                   


A Regular Meeting of the Township Council of the Township of Roxbury was held on October 10, 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 Fred Hall, Jim Rilee, Richard Zoschak, Tim Smith, John Ciaramella and Mayor Martin Schmidt


ALSO PRESENT:  Christopher Raths, Township Manager; Anthony Bucco, Township Attorney; BettyLou DeCroce, Township Clerk and Mary Jane Parr, Administrative Aide 



NJDOT—Route 10 / Commerce Boulevard

Councilman Rilee stepped down from the dais during this discussion due to a potential conflict of interest.


Camille  Fernicola, NJDOT Office of Community Relations; Thomas Sohn, Project Manager for DOT and Bob Abbotts, DOT Department of Engineering, presented Council with an update on the new configuration of the Route 10/Commerce Boulevard intersection, which would lower the price from $17 million to approximately $4 million.  The new configuration would have the “Jersey barrier” in the middle with three eastbound and  three westbound lanes on Route 10.   The existing alignment of Commerce Boulevard would remain as is and there would be a roundabout at the intersection of Main Street and St. Therese Road.  The current Commerce Boulevard jug handle on Route 10 westbound is proposed to be removed and the left turn lane on Route 10 eastbound at Hillside Avenue will be extended.  The plan also calls for a new signalized intersection at Mary Louise Avenue to enable motorists to make a left turn onto Route 10 westbound and a roundabout for smoother traffic operation at Mary Louise Avenue and the shopping mall driveway intersection. The existing jug handle from Route 10 eastbound to Commerce Boulevard, which is used for U-turns, would be removed to force the mall traffic to utilize Mary Louise Avenue to make a left turn on to Route 10 westbound.


Mr. Hall stated that he feels the expansion of the Route 10/Hillside Avenue stacking lane on Route 10 is something that is very much needed. Also, the Mary Louise scenario, which will provide another exit point to allow people onto Route 10 is positive.  Mr. Hall still likes the original plan for Commerce Boulevard that had the direct connection across Route 10, which seemed like a much more simplistic approach.  Mr. Hall’s main concern is the roundabouts.  A while ago Roxbury Township got rid of a traffic circle and the number of accidents at that particular intersection dropped significantly.  He would like to know how the Council can be assured that they are not creating a safety issue by implementing the roundabouts.  Mr. Sohn explained that the roundabouts are not really the same idea as a traffic circle.  These are used in Europe and many West Coast States.  The roundabout is for a low speed road.  Mr. Abbotts stated that, unlike traffic circles, everyone coming into the roundabout yields.  Mayor Schmidt asked how drivers would know to yield.  Mr. Abbotts advised that there is signage, there would be sharks teeth in the pavement marking and the entrance would be flared so the driver could not go straight into it.  Mr. Abbotts further stated that there does not need to be roundabouts in this scheme, but it is a place where they can be effective.   Mr. Abbotts stated that roundabouts are safer than signalized intersections in that they eliminate the “T-Bone” crash.  Mr. Smith stated that he agrees with Mr. Hall’s comments. He asked the purpose of the roundabout on Mary Louise Avenue.  Mr. Abbotts stated that it is for the mall shoppers.  Mr. Smith stated that he feels the roundabout concept creates conflict.   Mr. Smith stated that, unfortunately, drivers are not courteous and he feels that roundabouts would lead to more road rage.   Mr. Smith asked the policy level criteria that determine what projects get funded first.  Mr. Sohn stated that is something that comes from upper management and they have a priority for intersections that cause most accidents.  He does not know where this intersection falls.   Mr. Zoschak reiterated that the Mary Louise light will work; however, he does not feel that the roundabouts would work.  He sees a problem with the Main Street/Commerce Boulevard intersection, which is a difficult intersection to make both left hand turns from Main Street and to make left hand turns on to Main Street, coming south from Commerce Boulevard.  The roundabouts, he does not feel, would slow down traffic.  Mr. Zoschak asked if there are other municipalities in New Jersey that currently have roundabouts that the Council could look at.  Mr. Abbotts stated that there are none constructed at this time, but there are a lot of them in design. Mr. Abbotts further stated that the DOT looked at leaving the intersection changes as originally designed, but it would be more in right of way costs and there are wetland impacts that would delay the project. Mrs. DeFillippo asked if drivers going eastbound would be able to make a U-turn at Mary Louise Avenue.  Mr. Sohn stated that is one of the purposes of the roundabout at that location.  Mrs. DeFillippo has concerns regarding the roundabouts because she has had experiences with a roundabout in New York in an area where the traffic is not as busy as this area.  The traffic built up in every direction and you have to hope that the people entering the roundabout would be courteous.  She also has a concern with regard to Fire Company No. 1, which is just east of St. Therese Road, and how the fire trucks and ambulances would maneuver the roundabout. Also, Mrs. DeFillippo pointed out, there is a lot of traffic coming out of the St. Therese parking lot. Mrs. DeFillippo reiterated that the Commerce Boulevard/Main Street intersection is a very difficult and very heavily traveled intersection.  Her concern is that this will cause more traffic to cut through the condos on Commerce Boulevard. Mrs. DeFillippo stated that by causing all the traffic to go to the roundabout, plus all the traffic on Main Street, they will all pass the Commerce Boulevard/Main Street intersection, making it more dangerous.  Mr. Smith asked why there could not be a left turn stacking lane on Route 10 westbound for Commerce Boulevard and do away with forcing cars to travel on Main Street. Mr. Sohn stated that would have a lot to do with the volume of traffic and they do not feel that would work.  Mr. Abbotts stated that to add a left turn stacking lane would increase right of way impacts. Mr. Zoschak stated that by putting all the traffic on to Main Street, the Commerce Boulevard/Main Street intersection will be even more dangerous. Mr. Hall stated that one area of major concern is the traffic back up on Hillside Avenue to Route 10. He asked if the DOT is considering a left hand turn signal on Hillside Avenue to alleviate the back up.  Mr. Sohn stated that is not in this particular project. Mr. Hall stated that there is a left turn signal on Hillside Avenue northbound to go to Route 10 eastbound and if that were put in on Hillside Avenue southbound to go to Route 10 westbound, it would help the situation. Mr. Sohn stated that the DOT will look into this.  Mr. Smith stated that by fixing the problem with the Hillside Avenue light, it may alleviate some of the Commerce Boulevard problems. Regarding the “Jersey Barrier”, Council members requested a brick façade, which has been done in other parts of  the State.  Mrs. DeCroce advised that a Resolution was adopted in 1997 supporting a design for this intersection.  In 1999 the DOT came back advising that the original design would fail in 4 to 5 years because of the stacking lanes and they drew up the existing design, which would last 10+ years.  Mrs. DeCroce will copy Council with the documentation.  The representatives of the DOT will take the Council’s concerns back to management and report back to the Township.


Mayor Schmidt opened the discussion to the public at this time.


Robert Kluska, Emmans Road, asked how the residents who live in the condos on Howard Boulevard would get to their homes from Route 10 eastbound, if the turn around on Route 10 eastbound is eliminated.  Mr. Abbotts stated that they would make a left at Hillside Avenue.


Joyce Dargel, 67 Carey Road, stated that by eliminating the U-turn on Route 10 eastbound, it would impact the small strip malls on Route 10 westbound.  She stated that the traffic on Main Street is bad when people leave St. Therese Church and having the roundabout at that location will only increase the traffic.


Jim Rilee, 192 Eyland Avenue, stated that there are many concerns involving the north side of the realignment, which need to be discussed.  The current configuration will be forcing more traffic on to Main Street.  Mr. Rilee asked if the parking lot of Wine Country would be made smaller when St. Therese Road is made wider.  Mr. Abbotts stated they would have to check into this more closely.


Mayor Schmidt closed the discussion to the public.


At this time Councilman Rilee returned to the dais.


At 8:45 PM Council took a short break.

At 9:00 PM Council returned to the Regular Meeting.



August 15, 2006  Regular

Sept. 12, 2006     Regular

Sept. 12, 2006     Executive


Mr. Hall made a motion to approve the above Minutes.  Mr. Ciaramella seconded the motion.


Roll Call:

Mr. Hall – yes              Mr. Ciaramella – yes

Mrs. DeFillippo – yes    Mr. Rilee – yes – (abstain on September 12th  minutes)

Mr. Smith – yes – (abstain on September 12th minutes)

Mr. Zoschak – abstain  Mayor Schmidt – yes


Motion carried 6 – 0 with three abstentions on September 12th and one abstention on August 15th



Doug Sclar, 19 Wright Court, stated that there is a small portion of Reger Road which does not have a sidewalk and he would like the Council to look into constructing a sidewalk in this area for the safety of the children in the neighborhood.   Mr. Raths will look into this and report back to Council. 


Deon Wright, 412 Mt. Arlington Boulevard, requested an update regarding the ongoing flooding issue at his home.  Mr. Raths stated that the Resolution is on tonight’s Agenda.



Mr. Smith stated that the Township’s Open Space presentation to the County will be  Monday evening, October 23rd.


Mr. Smith will provide Council with a budget spreadsheet for them to look at and discuss during this year’s budget process.


Mr. Zoschak stated that the Lake Hopatcong Commission met and they are looking into establishing an Alternate Funding Committee.  They are looking at the possibility of  user fees at the Lake.


Mr. Zoschak advised that he received a complaint from a resident regarding speeding on Laurie Road and cars passing stopped school buses.  Mr. Raths will follow up with Chief Noll.


Mr. Rilee stated that Freeholder Schrier advised him that the  proposed project for the bike path was met favorably at the Morris County Municipal Utilities Authority meeting. The Township will meet with the MCMUA on November 6th.


Mr. Rilee attended the recent Fire Chiefs meeting and advised that there are still problems with the radios.  Mr. Raths is working on the problem.


Mr. Ciaramella stated there is a 2 year old girl in Roxbury Township with cancer and he has been advised that four local high school girls have raised $3,000 for the Salazar family. The Roxbury Rotary is contributing $500.00 to the family and he would like the Rotary Club to present their check to the girls at the next meeting.


Mr. Hall commended the staff on the paving job on Mooney Road.   Mr. Hall also stated that the new “Welcome to Roxbury” signs look very nice.


Mr. Hall stated that he attended the Buddy Walk this past weekend and it went very well.


Mr. Rilee advised that he spoke with Mr. Freund on Mooney Road  and he was happy with the paving job.


Mrs. DeFillippo stated that Tom Potere, Zoning Officer,  gave a presentation at the Economic Development Committee meeting showing the significant improvements to Route 46 and Route 10.


Mrs. DeFillippo requested an update on the possibility of changing the recycling day in  Kenvil & Landing.  Mr. Raths received a report from Mr. Blood advising that it is very difficult to change the recycling days. Mr. Blood will speak to the homeowner advising her of the difficulties.


Mrs. DeFillippo advised that the railroad ties are still on Emmans Road.  Mr. Raths will follow up with the County. 


Mrs. DeFillippo requested an update on the compression brake sign for Dell Avenue.  Mr. Blood advised that it is installed.


Mrs. DeFillippo stated that she attended the Buddy Walk and it was a great success.


Mrs. DeFillippo stated that a walk will be held on October 28th for the Salazar’s two year old daughter who has a brain tumor.  Mayor Schmidt asked if there are any signs at Town Hall regarding the walk.  Mr. Raths stated that we will post the flyer, but we cannot take collections at Town Hall.


Mayor Schmidt advised that there were 700 participants in the Buddy Walk and the Parents for Exceptional Children (PEC) was very pleased.


Mayor Schmidt asked if the sign at the Hunter Street/Route 10 intersection has been moved.  Mr. Blood has it on his schedule.


Mayor Schmidt requested an update on the DPW Committee.  Mr. Raths stated that the next meeting is scheduled for Monday, October 16th.   Since there is nothing new to discuss, Mr. Raths will cancel this meeting.


Mr. Smith stated that the “Welcome to Roxbury” sign on Hillside Avenue seems to be placed too far into Roxbury.  Mr. Blood advised that due to site distance, the sign was placed in the current location.


Mr. Raths advised that he will send Council a copy of the membership of the old traffic committee.


Mr. Raths stated that he looked into the possible shared services with the Board of Education regarding the tractor and the bus; however, neither one meets the Township’s needs. Mr. Raths stated that another meeting regarding field maintenance shared services will be held in the near future.


Mr. Raths advised that the Fire Department requested the purchase of 40 to 50 pagers this year.  Mr. Raths advised them to place it in their Capital Budget for 2007. 


Mrs. DeCroce stated the County is doing a shared service application for the PARIS Grants. She has signed on with Susan Pinto who is leading the funding and application process.  Hopefully the Township will qualify for some money.  Mr. Hall stated that this is for document storage.


Mr. Raths advised that Lisa Palmieri has been in contact with the County regarding the feasibility of   Countywide borrowing in regards to the pension obligation.  She has also spoken to them about taking our Capital borrowing, which runs approximately $1 million a year and looking at doing this through the County’s bonding process which they have promoted.  However, the County will not go out for less than $5 million and they are not interested in putting anything together at this time.



Procurement Policy

This will be discussed at a future meeting.



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

Economic Development Committee—1 Member, 3-year term

Raritan Highlands Compact—2 Members

Sussex County 208 Water Quality PAC

Planning Board Alternate No., 2, unexpired term of Michael Hawley, 1/1/06 – 12/31/07

Citizens Cable Committee, unexpired term of Michael Hawley, 3/8/05 – 12/31/07


The above appointments will be discussed at a future meeting.



Council Meetings 2007

Council agreed for the Reorganization meeting to be held on January 2, 2007 at 7:00 PM.


Mrs. DeFillippo stated that the tentative dates for the Township Neighborhood Meetings are January 31, 2007, May 15, 2007, August 15, 2007 and October 16, 2007. Council agreed to these dates.  Mrs. DeCroce stated that the dates will be placed in the Township Calendar and the Roxbury Image.


State Planning Area Map Cross Acceptance

Mr. Raths discussed with Council an area off of  Railroad Avenue, Kenvil, which the State would like to rezone from PA2 to PA5.  This is a piece of property that is predominately owned by Mr. Crimi.  The Master Plan Committee has advised that they have no objection to the zone change. A resolution will be place on the next meeting agenda for approval.  Mr. Rilee requested that the changes from 2004 that are not reflected in the State map also be included in the resolution.  Mr. Raths will contact Mr. Crimi and advise him of the potential change.









06-342    A resolution incorporating by reference herein and approving the following numbered

resolutions listed on the regular council meeting agenda for this date:06-335, 06-343, 06-344, 06-345, 06-346, 06-347, 06-348, 06-350, 06-351, 06-352


Mr. Rilee made a motion to adopt Resolution 06-342.  Mr. Zoschak seconded the motion.


Roll Call:

Mr. Rilee  -yes             Mr. Zoschak – yes

Mr. Ciaramella – yes (recuse on check #41479)

Mrs. DeFillippo – yes    Mr. Hall - yes

Mr. Smith – yesMayor Schmidt – yes


Motion carried 7 – 0 with one recusal on check #41479


06-335    A resolution authorizing the award of a contract to Spatial Data Logic Corporation for

  the expansion of Geographic Information System (GIS) software.


06-343    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.



06-344    A resolution urging the New Jersey League of Municipalities’ support in opposing the

New Jersey Department of Environmental Protection’s proposal to lower the total

 phosphorus limitations to 0.1mg/l.


06-345    A resolution urging the New Jersey League of Municipalities to seek changes in the New  Jersey mediation and arbitration processes with respect to public sector employees.


06-346  A resolution authorizing the sale of municipal personal property.


06-347 A resolution authorizing the acceptance of a cash bond for tree removal permit for

 Emanse Estate LLC located on Route 46, Block 7502, Lot 6.


06-348A resolution authorizing the award of a negotiated contract to Pave-King Inc. for the

 project known as 412 Mount Arlington Boulevard drainage improvements.


06-349 A resolution authorizing the award of a contract to Ionni Signs Inc., for the purchase of a

 new sign at Horseshoe Lake Entrance, 72 Eyland Ave., Succasunna, NJPULLED

This Resolution was pulled for Recreation to have a chance to review.


06-349    A resolution authorizing the acceptance of a deed from 2-3 Manor Parkway, LLC

 (Towne Toyota) across Lots 49 and 50, Block 8602 for road purposes.


06-350    A resolution urging the New Jersey League of Municipalities to support an amendment

 to Title 59 requiring the state to provide a defense and indemnification of municipal and

 county employees performing state or county law enforcement activities.


06-352  A resolution authorizing payment of bills.






September 29, 2006

October 6, 2006


Mr. Smith made a motion to file the above communications.  Mr. Rilee seconded the motion.


Roll Call:

Mr. Smith –yes            Mr. Rilee – yes

Mr. Ciaramella – yes    Mrs. DeFillippo – yes

Mr. Hall – yes              Mr. Zoschak – yes

Mayor Schmidt – yes


Motion carried 7 – 0



Robert Kluska, Emmans Road, asked where the “Welcome to Roxbury” signs are located so that he can advise the Seniors at their next meeting.  Mr. Raths advised that they will be located on Center Street in  Port Morris, South Hillside Avenue by Emmans Road and Howard Boulevard by the Hercules entrance.



06-353    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. Zoschak made a motion to adopt Resolution 06-353 for Executive Session.  Mr. Smith seconded the motion.


Roll Call:

Mr. Zoschak – yes       Mr. Smith -  yes

Mr. Ciaramella – yes    Mrs. DeFillippo – yes

Mr. Hall – yes              Mr. Rilee – yes

Mayor Zoschak – yes


Motion carried 7 - 0



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


All In Favor - Yes


Submitted By:




BettyLou DeCroce

Township Clerk


DATE:                        November 28, 2006

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

                                    Mr. Ciaramella – yes       Mrs. DeFillippo – yes

                                    Mr. Hall – yes                     Mr. Rilee – yes (abstain on DOT discussion)

                                    Mayor Schmidt - yes