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            October 24, 2006                           


A Workshop Meeting of the Township Council of the Township of Roxbury was held on October 24, 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, and Deputy Mayor John Ciaramella


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


ABSENT:  Mayor Martin Schmidt




Presentation:  Support for Salazar Family

·         Amy Cooper

·         Katie Cooper

·         Megan Mac Gregor

·         Katie Rauth


Deputy Mayor John Ciaramella congratulated the girls for their efforts in fundraising for a family in Roxbury Township whose  two year old is suffering with cancer.  Deputy Mayor Ciaramella presented each girl with a plaque in recognition for their efforts and thanked them for their caring and efforts.


Steve Alford representing Roxbury Rotary presented the girls with and $500.00 check for the Salazar trust fund.  Mr. Alford also thanked the girls for all their efforts in helping the family out.


Council congratulated the girls and thanked them for being so caring and understanding.


Deputy Mayor Ciaramella asked Council for discussion on Old/Business.


Councilman Tim Smith attended the Open Space meeting yesterday and stated that it went well.  The $500,000 Grant for Swim & Sport Club  looks good and the presentation went well.  Mr. Raths, Councilman Hall, Councilman Rilee, Dave Stierli – Recreation Director, Mike Daly – Chairman of the Open Space Committee and Andy Tibus – Open Space Committee also attended the meeting.


Councilman Smith stated he also attended the Morris Tomorrow Summit today on behalf of the Mayor and the theme was “Community Engagement.”  U.S. Attorney Chris Christie was the speaker and gave a great speech. Discussion took place on gang violence and they stated it will hit every town.  Todays  gangs were compared  with  prior years and we should be concerned about gangs in Roxbury.  Mr. Smith stated he does have many handouts to give out to Council.


Councilman Smith reminded Council that we  need to put plaques  on the  9/11 Memorial trees the Township planted at Horse Shoe Lake in memory Kenneth Zelman and  Joseph  DeLuca.


Mr. Smith stated that this Saturday morning at 9:00 a.m. there will be a fund raising walk at Horse Shoe Lake for 2-year-old Lila Salazar, who is having surgery tomorrow and that his wife Tara is preparing dinner for the family tonight as part of the Roxbury Cares Network through the month of November.  Mr. Smith requested that as many people as possible from the Township show up for the walk and show support for the family.


Councilwoman DeFillippo stated that the walk at Horse Shoe Lake for the Salazar family actually starts at 8:30 a.m. for registration.


Councilwoman DeFillippo stated that she heard that the Basket Bingo that the Roxbury Woman’s Club held at Horse Shoe Lake last week went well and she was sorry she could not attend.


Councilwoman DeFillippo stated she was not able to attend the Main Street Street Scaping Committee Meeting held on October 11th.


Councilwoman DeFillippo stated that there would be an Economic Development Committee meeting this Thursday at 7:00 p.m.


Councilwoman DeFillippo stated she spoke with Rose Quinn from Merry Heart and that she is looking for responses from Council. She asked if the Mayor or  another Council member  will be going  to the ground-breaking ceremony.  Ms. DeCroce stated she did not think that the Mayor was able to attend but will find out.


Councilwoman DeFillippo stated that the Recreation Halloween Parade is Monday, October 30, 2006 at 6:00 p.m. at Horse Shoe Lake.


Councilwoman DeFillippo also stated that the Roxbury Public Library is having their first concert series on November 3, 2006 at 7:00 p.m.


Councilman Richard Zoschak questioned Mr. Raths if we are providing flu shots this year.  Mr. Raths stated that we are having problems getting the vaccine from the supplier, which happens to be under State Contract .  Mr. Raths recommended for next year that it might be wise to have our Residents get their flu shots through private vendors since they have an easier time getting the vaccine. 


Councilman Zoschak spoke about the Lake Hopatcong  Commission.  He stated that the weed harvesting is finished and the equipment is at our maintenance facility. The water level will be coming down starting November 1st to 26” which will take approximately 30 days to complete.  The Lake Hopatcong Commission is starting this week to work with Roxbury on the Shared Services Agreement.  Mr. Zoschak also stated that Bill Clark is not doing well and we will need to look for another foreman for next year.


Councilman Zoschak stated that the Water/Sewer Committee had a meeting on Friday and that Wellfleet will be putting in a water line on Orben Drive and  the Developer is waiting for approval from Mt. Arlington to go forward with it.


Councilman Hall followed up with what Mr. Smith already stated regarding the presentation given by the Open Space Committee for the Swim & Sports Club property and all went well.  Councilman Hall stated that this is a great opportunity for the Township and we will be getting some much-needed recreational fields.  Mr. Hall stated that Recreation is moving forward and a presentation will follow in about one month.


Councilman Rilee stated that he received a call from Freeholder Jack Schrier in reference to the Trails Plan.  Mr. Rilee felt that this issue would be resolved shortly allowing the greenway to connect. Mr. Rilee stated that he heard about a letter sent to Mr. Raths from Glenn Schweitzer of the MUA.   Mr. Raths stated that he just received the letter today and has not had an opportunity to digest it.  Mr. Raths stated that he would send a copy of the letter to Council in their package.  Mr. Raths stated that he received an e-mail yesterday from Mr. Helmer, Executive Director  of the Morris County Park Commission and he is not going to be ready for the November 6th meeting.   The meeting now is going to be rescheduled for sometime in December.


Councilman Rilee spoke about a Communications item dealing with the Mandatory Consolidation Process to alleviate local property taxes and it does not address the root of the problem, which are the schools. 


Mr. Rilee stated that one suggestion made was that the County put together a Committee, which included Animal Control, Tax Assessor/Collector and the Health Department.  Mr. Rilee suggested that we contact the County and let them know that we are interested into looking further into this.  Mr. Raths stated he has already done this and he has spoken to the County Administrator, John Bonnani.  The County is interested mostly in Animal Control and the Tax Assessor Department.


Councilman Ciaramella stated that the DPW has cancelled the last two meetings and wants to schedule a meeting to be held in the month of November.  Mr. Raths stated the proposal from the architect should be ready by November. 


Mr. Ciaramella also stated that there is an Economic Development Meeting scheduled for Thursday night and would like Mr. Raths to update him on the Main Street Street Scaping Meeting.


Ms. DeCroce stated that all our minutes are up to date.  Ms. DeCroce also commented that at the Department Head meeting earlier today she told Mr. Raths that our draft budgets have come in from the JIF and the HIF and that for our JIF budget it would be a decrease premium.  Ms. DeCroce also stated that our health insurance will come in at approximately 7.26% and that we did receive a dividend back in August of $114,000.  Ms. DeCroce stated that tomorrow she has a meeting with the County on shared services in regards to our health coverage.


Mr. Raths stated that our total health insurance premium is around 2.2 million dollars.


Ms. DeCroce stated that we are doing really well and we should be getting another dividend check hopefully in July of 2007 but cautioned that we should not consider that in the 2007 budget.


Ms. DeCroce also stated that the legislation for the indemnification of Police Officers has been drafted and it is Bill A-3563.  Ms. DeCroce stated that even though we did do a Resolution supporting this issue they are asking for a supporting Resolution with the actual legislation number referenced.


Mr. Bucco stated that he has already done a Resolution supporting this legislation.


Ms. DeCroce stated that this bill has gone before the League of Municipalities, Legislative Committee today and that she has been advised that it is being supported.


Ms. DeCroce stated that the Smiles court date has been moved from December 4, 2006 to December 11, 2006.


Mr. Raths stated that the Main Street Street Scaping Committee has selected the materials and they are awaiting additional information on the cost, quality and durability of the material and Bill Dean, Engineer’s office is doing an assessment that will turn over his findings to the Planning Department.


Councilman Ciaramella questioned Mr. Raths on the agreed upon fee for the assessment of the Main Street Street Scape.  Mr. Raths stated the fee is $2,000.00.


Presentation:  Property Maintenance by Russell Stern, Township Planner


Mr. Raths suggested to Council that they refer this matter back to the Economic Development Committee for their review as well also.


Mr. Stern stated his report is 11 pages long and he will briefly go over some of the main topics.  Property Maintenance is anything from painting your house, mowing the lawn to neglected properties.  The areas with the most problems involve automobiles that are for sale (new and used) and the quantity of vehicles on a given property as well as outside storage of vehicles.


Mr. Stern stated that he communicated with Ms. DeCroce, Licensing Officer; Mr. Germinario, Township Planning Board attorney; Tom Potere, Zoning Officer; Chief Noll, Mr. Bucco and Mr. Raths to put together his report.


Mr. Stern in his report spoke about:


Current Enforcement: Licensing, Land Development Ordinances, Code Enforcement, Motor Vehicle Sales Establishments, Vehicular Service Stations, Outdoor Bulk Storage, Residential Buffer Requirements and Sale of Vehicles on Residential Properties.


Municipal Land Use Law:  Pursuant to 40:55D-68 of the Municipal Land Use Law, any nonconforming use or structure existing at the time of the passage of an ordinance may be continued on the lot or structure so occupied.


Mr. Stern stated that the Clerk’s Office currently issues licenses to approximately 19 used motor vehicle dealerships in total.  At this time we are only currently licensing used motor vehicle dealerships.  It is agreed that we should be licensing new car and motorcycle dealerships in order to maintain the sites. 


Mr. Stern went on to discuss ways the township could amend or improve our current ordinance.


Amend motor vehicle dealership and towing operator licensing requirements to                      Obtain additional information.


Mr. Stern outlined the following areas that need to be changed:


3.0 Current Enforcement

3.1    Licensing – Motor Vehicle/June Dealer – change to include automobile new/used, Motorcycles, Boats and discussion included four runners/ATV’s.

3.2    Land Development Ordinances:  Code Enforcement, Motor Vehicle Sales Establishments, Vehicular Service Stations, Outdoor Bulk Storage, Residential Buffer Requirements, Sale of Vehicles on Residential Property

4.0  Municipal Land Use Law

5.0 Recommendations For Discussion

5.1     The following list presents a synopsis of recommendations for discussion for licensing and ordinance amendments involving motor vehicle dealerships, vehicle service/repair establishments and towing operations:

  1. Amend motor vehicle dealership and towing operator licensing requirements to obtain additional information.
  2. Amend a motor vehicle dealership licensing requirements to include new vehicle sales (automobiles, trucks and motorcycles).
  3. Require a license for motor vehicle service/repair establishments (obtain additional information as required for motor vehicle dealership and towing operator licensing – see a. above)
  4. Require a zoning permit to obtain a license for a motor vehicle dealership, motor vehicle service/repair establishment, and towing operation.
  5. Conduct annual inspections for license renewal.
  6. Amend conditional use standards for motor vehicle sales
  7. Amend conditional use standards for vehicular service stations and create a new conditional use category for repair/service facilities not involving fuel sales.
  8. Reduce the number of vehicle sales permitted on a residential property.


5.2     Amend Motor Vehicle Dealership and Towing Operator Licensing Requirements to     

Obtain additional information.

5.3     Amend Motor Vehicle Dealership Licensing Requirements to Include New Vehicle

Sales (new automobiles, trucks and motorcycles.

5.4     Require a Zoning Permit to Obtain a License for a motor Vehicle Dealership, Motor

Vehicle Service/Repair Establishment, and Towing Operation.

5.5     Require a Zoning Permit to Obtain a License for a Motor Vehicle Dealership, Motor

Vehicle Service/Repair Establishment, and Towing Operation.

5.6     Conduct Annual Inspections for License Renewal

5.7     Amend Conditional Use Standards for Motor Vehicle Sales

5.8     Amend Conditional Use Standards for Vehicular Service Stations and Create a New Conditional Use Cater gory for Repair/Service Facilities Not Involving Fuel Sales.

5.9     Reduce the Number of Vehicle Sales Permitted on a Residential Property.



Before a determination is made to proceed with the above recommendations, the Governing Body should discuss potential ramifications to existing and future automotive businesses and to current municipal staffing levels.


Small business owners operate a number of the existing automotive uses.  New licensing procedures and zoning regulations could impact the smaller establishments by expending financial resources to process a license or application to the Board of Adjustment.  Hiring an attorney and/or consultant to negotiate through the approval process and possible site improvement requirements could be a serious financial burden to the owner.


Administratively, new licensing procedures and requiring licenses for motor vehicle repair/service establishments will impose a burden on the Township Clerk’s office and Planning Department.  As discussed in item 5.6 above, annual inspections could create over 100 additional site inspections per year in a very concentrated period of 1 to 2 months.  This will further exacerbate the Zoning Officer’s workload.


Notification of license renewal occurs in the autumn and issuance of licenses occurs mostly in December and January.  If licensing requirements were amended it would probably not occur until the end of  2006.  Complying with new license regulations in a short time frame could place an unplanned financial burden upon many small business owners and affect their livelihood.  Advanced warning and public information/education should be provided to assist those making license applications.  To incorporate public education and allow an applicant to work its way through the Zoning Permit and/or Zoning Board/Planning Board process, it may be more appropriate to begin a newly structured license procedure in the year 2008.  During 2007, information could be distributed and meetings held to educate the motor vehicle dealerships, motor vehicle repair/service establishments and towing operators about the new licensing requirements.  By doing so, the business owners could plan administratively and financially their course of action as well as work through the process of obtaining a zoning permit through the Zoning Officer or approvals from the Zoning Board or Planning Board.  This would also help to relieve and more evenly handle over 65 possible applications to either the Zoning or Planning Board.


The Zoning Board of Adjustment could receive roughly 65 applications (preexisting nonconforming use/use variance/site plan) if new licensing procedures are adopted.  The Board meets once a month and could not accommodate the additional applications under its current meeting schedule.  Many of the new applications could involve at least two meetings.  Accommodating them and regular applications would require additional Zoning Board of Adjustment Meetings.  However, after one (1) year the number will diminish and the problems related to motor vehicle establishments substantially abated.


As noted in item 5.5 above, during the first year of implementing the zoning permit process a considerable amount of my time will be spent reviewing the applications to the Zoning/Planning Boards and  attendance at the public hearings.


The Governing Body should be aware that they could be faced with legal action from automotive uses that do not obtain a Zoning Permit and/or a favorable approval from the Zoning or Planning Board.  Legal action will impose a financial imposition upon the Township that could surpass the fees collected from licenses and zoning permits during the initial years of implementation.




Motor vehicle licensing and zoning amendments discussed  are measures to address the uncontrolled placement of vehicles that can create safety hazards and promote an undesirable visual environment.  Such factors can negatively impact the Township and spread if left unchecked.


The above recommendations are for the purpose of discussion.  The ramifications of any action should be thoroughly discussed.  The adequacy of current staffing levels and funding to implement the proposals should be reviewed.  The Governing Body should discuss the measurable benefits of revising the licensing and zoning regulations and weigh them against the potential impacts to existing and future motor vehicle businesses.


The combination of education, summonses, monthly inspections and applying the Ordinances consistently from one property another has led to a noticeable improvement along the Route 46 and Route 10 corridors.  Private redevelopment along these highways and pending redevelopment has and will continue to enhance both corridors.


Discussion ensued by Council members with various concerns.  Council felt that this was the beginning of dialogue as to how the township could better the business districts.


      New Business - None


Old Business  - None

A.      Procurement Policy

B.     Appointments

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

                                 ii.      Economic Development Committee—1 Member, 3-year term – Deputy Mayor Ciaramella stated that they had one resignation and now they have two openings and after the first of the year they may possibly have a total of three openings.  Deputy Mayor Ciaramella stated that Councilwoman DeFillippo suggested that we should contact our Chair for the Planning Board and the Zoning Board and ask them to volunteer their time to serve on this board.  Councilwoman DeFillippo and Ms. DeCroce each stated that they have resumes from residents interested in the Committee.  Councilman Smith questioned Mr. Bucco if someone other than a town resident can volunteer for a Committee. Mr. Bucco stated that Committee Members should be a resident of the town according to the Township Ordinance.

                                iii.      Raritan Highlands Compact—2 Members

                               iv.      Sussex County 208 Water Quality PAC

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

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

                              vii.      Traffic Circulation Advisory Committee (see attachment)


Deputy Mayor Ciaramella amended the agenda to 6c for discussion.  Mr. Paul Nusbaum representing Merry Heart Nursing Home was present for discussions on COAH related fees.


Councilman Smith stepped down during this discussion due to a potential conflict of interest.



C.  Merry Heart Health Care Campus Mandatory Development Fees. – Mr. Paul Nusbaum, Esq. spoke on behalf Blanche Bonnifacio, owner of Merry Heart and stated that according to State Statute  an assisted living facility must set aside 10% of  its beds for medicade  eligible patients and, therefore,  according to Town Ordinance, you don’t have to pay the COAH fee.  Mr. Nusbaum feels that when the state made this law the Council has it in their powers to exempt any organization such as  assisted living facilities for medicade eligible persons.  The  fee would be a total of $80,000 that Merry Heart would have to pay if the Council does not waive this fee. Mr. Nusbaum went on to state that Merry Heart has been a good neighbor and they pay substantial taxes to the town and they go out of their way each year to host the Merry Heart 5k run in which the money raised goes out to local charities.  Mr. Nusbaum suggested that the Council should make an Ordinance exempting any assisted living organization  from the  developer’s fee.


Mr. Bucco stated that what Mr. Nusbaum just stated is accurate  and that by statute 10% of the units would have to be put set aside for medicade patients.  Mr. Bucco stated he sent an e-mail to Sean Thompson at COAH and questioned if the town could use the units as COAH credits.  Mr. Thompson  replied that the Township will not receive COAH credits.  The units would have to be deed restricted and Merry Heart would need to supply low to moderate-income documentation to the state in order to be COAH credible.  Only if Merry Heart takes the extras steps would the Municipality receive credit for there fair share of low and moderate-income housing. Mr. Nusbaum would like the Township to pass an ordinance.  Mr. Bucco stated we  have the ability to pass an ordinance waiving the development fee.


Mr. Bucco stated we  would be held liable for the COAH credit share for the number of employees, which the new Assisted Living facility generates.  Mr. Bucco stated that the town does have an option to exempt this type of facility by Ordinance, but we will not receive COAH credits.


Councilman Zoschak stated his main concern is if the Township would be liable for the COAH growth share for the increase in the number of employees that are added from the  development.  Mr. Bucco stated  we would.


Councilman Hall questioned when do these fees have to be paid.  Mr. Raths stated 50% before the building permit is issued and another 50% before the certificate of occupancy is issued. 


Mr. Bucco cautioned Council on deviating from the Township Ordinance because COAH comes in to audit annually and would question why the ordinance  was not followed.  Mr. Stern will have to sign the audit and the numbers will not agree and this is Mr. Bucco’s main concern.


Councilwoman DeFillippo questioned how many COAH units would be generated as a result of the new assisted living facility.  Ms. Bonnafacio stated they currently have approximately 200 employees for 100 beds.


Councilman Zoschak stated he has no problem as long as the Town is not penalized.


Mr. Raths stated that Merry Heart has their foundation permit.  Ms. Bonafacio stated that construction begins in one month.  Mr. Bucco stated that the development fees would be over $80,000.  Mr. Bucco asked for a 5 minute recess.


Deputy Mayor Ciaramella at this point requested Council take a five-minute break at 9:00 p.m.


At 9:05 the meeting resumed.


Mr. Bucco announced that he and Mr. Nusbaum are going to have a meeting and enlist some assistance from  our local Legislators to speak with COAH to get a definitive answer from them in writing whether or not the new assisted living units at Merry Heart will or will not be COAH units.  Mr. Bucco also went on to state that Mr. Sterns will do calculations and if Council does not object we could go ahead and issue the building permits, but the Town may have to impose a fee at the end depending on the outcome.  Mr. Stern stated he will talk to Mr. Thompson at COAH and Mr. Stern will have to get confirmation from Mr. Thompson.  Council recommended that Mr. Stern contact other municipalities with assisted living facilities to evaluate how they dealt with the fees and credits. Ms. DeCroce suggested to Mr. Stern that he get in touch with Harriett, Zoning Board  Administrator of the Parsippany Board of Adjustment as Parsippany is evidently dealing with the same issues.


At this time Deputy Mayor Ciaramella amended the Agenda to number five on the agenda and Councilman Smith returned to the dais.



Robert Church

256 Eyland Avenue



Mr. Church stated that ATV’s parked along Route 46 are as much as an eye sore as the automobiles parked on the highway.


Mr. Church also commented on page 21 of the agenda, a fax correspondence addressed to Ms. DeCroce from Senator Bucco’s office, which speaks about some funding for tank removal.  Councilman Smith stated some years back a portion of money was set aside to cover the problem of underground storage tanks and the business tax was set accordingly.  Not many requests have come in and a balance of money is just sitting there and the purpose is  to reallocate the money to another current environmental issue.


Councilwoman DeFillippo questioned Mr. Smith about this fund and why no one requested this fund.  She questioned if it had anything to do with the fact that insurance companies are changing.  Mr. Bucco stated most insurance agencies will not issue you  a homeowner’s insurance policy  unless the underground tank is removed.


Mr. Church stated he never heard about this fund. Mr. Raths suggested Mr. Church contact Mayor Schmidt or Senator Bucco if he wants further details.


Mr. Church also questioned Council about the transfer station on Berkshire Valley Road.  Mr. Raths stated that the operation at the transfer station  is exempt by Federal Statue and the lease is coming up for renewal  in the year 2007. 


At this time Deputy Mayor Ciaramella amended the agenda back to number six on the agenda.




A.    Application for Special Permit for Social Affair by Temple Shalom.

B.   Application for Special Permit for Social Affair by Rory O’Moore Pipes & Drum. Roll


Mr. Zoschak made a motion to move items A and B on the agenda for approval.  Mr. Rilee seconded the motion.


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

                           Ms. DeFillippo – Yes                  Mr. Hall - Yes                                                                                                                                                                                                

                                          w/recusal on A                         Mr. Smith - Yes                  

                                       Deputy Mayor Ciaramella - Yes


Motion carried 6 – 0 with 1 recusal on item A


C.  Merry Heart Health Care Campus Mandatory Development Fees – Previously discussed.

D.  Paxos Easement – Mr. Paxos is asking the town to remove the easement  (Property next to Derings Landscaping).


Mr. Rilee made a motion to remove the Paxos easement as long as they cover the costs.  Mr. Smith seconded the motion.


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

                           Ms. DeFillippo – Yes                  Mr. Hall - Yes                                                                                                                                                                                                

                                       Mr. Zoschak - Yes                       Deputy Mayor Ciaramella - Yes


Motion carried 6 – 0


Mr. Bucco questioned who is going to prepare the  metes and bound description.  Mr. Raths stated he would get the information from Mr. Paxos and forward it to Mr. Bucco.


E.  Support of Ballot Question # 2 (Fax from Senator Bucco’s office)


Councilman Rilee, stated he is not ready to support item E. on the agenda.

Councilman Zoschak stated he does not think that item E on the agenda is going to help the Commission.


Councilwoman DeFillippo stated that she is not prepared to vote on this issue and would like to review it further.  Councilman Smith stated he agrees with Ms. DeFillippo and would like to look into it further.  Council agreed that no vote is necessary on this matter.



May 23, 2006   Executive

July 11, 2006   Regular

September 26, 2006   Executive

September 26, 2006   Workshop

October 10, 2006   Executive


Councilman Rilee made a motion to approve May 23, 2006 Executive Session, July 11, 2006 Regular Session, September 26, 2006 Executive and Workshop Sessions and the October 10, 2006 Executive Session Minutes.  Councilman Smith seconded the motion.


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

                           Ms. DeFillippo – Yes                  Mr. Hall - Yes                                                                                                                                                                                                

                                       Mr. Zoschak - Yes                       Deputy Mayor Ciaramella - Yes

                                         w/recusal on May 23rd                                                                                 

Motion carried 6 – 0















06-354  A resolution incorporating by reference herein and approving the following numbered resolutions listed on the Workshop Council Meeting Agenda for this date: 06-355, 06-356, 06-357, 06-358, 06-359, 06-360, 06-361, 06-362, 06-364, 06-365, 06-366, 06-367


Mr. Rilee made a motion to adopt Resolution 06-354.  Mr. Smith seconded the motion.


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

                           Ms. DeFillippo – Yes                  Mr. Hall - Yes                                                                                                                                                                                                

                                       Mr. Zoschak - Yes                       Deputy Mayor Ciaramella - Yes

                                                                                              w/recusal on ck. #’s 244790 &



Motion carried 6 – 0 with recusals on check #’s 244790 & 244770


06-355  A resolution authorizing the acceptance of various easements from Gruber Partners, L.P. for Fresenius Medical Care of Kenvil / Kenvil Medical Center, Block 4002, Lot 16 in the Township of Roxbury.


06-356  A resolution authorizing the acceptance of a Deed of Dedication and Sight Triangle Easement from Margaret Y. Carmean for the Rainbow Management Subdivision, Block 4102, Lot 2 in the Township of Roxbury.


06-357 A resolution amending the membership of the Township Fire Department.


06-358  A resolution authorizing the release of a Performance Guarantee posted for Right-of-Way Excavation Permit No. OCT1006, 143 Eyland Avenue, Succasunna, Block 3301, Lot 18.


06-359  A resolution authorizing the release of a Performance Guarantee posted for Right-of-Way Excavation Permit No. MAR22066, 33A State Route 10 East, Succasunna, Block 19051, Lots 11, 13 and 14.


06-360  A resolution authorizing a sanitary sewer allocation to Fresenius Medical Care of Kenvil/Kenvil Medical Center for the property located at 677 US Highway 46, Kenvil. Block 4002, Lot 16.


06-361  A resolution authorizing the award of a Professional Services Contract to Matthew L. Martini, P.L.S., P.P. of Keller & Kirkpatrick for professional survey and engineering services for drainage and road improvements to Eyland Avenue Phase V.


06-362  A resolution authorizing the purchase of a 5000lb capacity forklift from Reliable Lift Truck Services.


06-363  A resolution authorizing the award of a Professional Services Contract to Thomas B. Connolly, R.A. of HJGA Consulting, Architecture And Historic Preservation, Inc. for architectural, historic preservation and archeological services associated with the preparation of a feasibility study and design development document for the Inclined Plane 2 East of the Morris Canal.


Discussion took place as to the amount of money being used for this project, which Mr. Raths stated is being paid for by county grant money.The Council is concerned  that there is only  one vendor.  Mr. Raths stated that there is only one vendor which does this type of work.  Council stated they want the Resolution to state that the amount for this project is coming from county grant money.


Councilman Smith made a motion to adopt Resolution 06-363 with the condition that the wording of the Resolution states that the funding for the project is from a county grant.  Councilman Hall seconded the motion.


ROLL CALL:     Mr. Smith – Yes                           Mr. Hall – Yes

                           Ms. DeFillippo – Yes                  Mr. Rilee - Abstain                                                                                                                                                                                                                 

                                       Mr. Zoschak - Yes                       Deputy Mayor Ciaramella - Yes



Motion carried 5 – 0 with 1 Abstention


06-364  A resolution authorizing the purchase of a 25KW generator from R&J Control, Inc.


06-365  A resolution authorizing the execution of a license agreement between the Township of Roxbury and the American Society of Composers, Authors and Publishers (ASCAP).


06-366  A resolution authorizing a Professional Services Agreement with Keller and Kirkpatrick, inc. to revise and update the municipal tax maps and GIS system.


06-367  A resolution authorizing payment of bills.



October 13, 2006

#1 - Correspondence from Christopher Raths, Township Manager to Mayor & Council dated October 13, 2006 RE: Information Update – Mr. Smith questioned the letter attached from the Fire Chief on Duty Crews and why we don’t get any information on the night time crews and who is responding to calls  – Mr. Raths stated that during the night time there are many people available and we only need it for the day time.


#2 – Correspondence from Anthony Bucco, Township Attorney to Christopher Raths, Township Manager dated September 27, 2006 RE: Proposed Rules Concerning Mandatory Municipal Appropriation for Libraries Established Under N.J.S.A. 40:54-1 – Mr. Zoschak stated he would like to see a copy of the rules.  Mr. Raths stated he would get copies out to Council.


#12 – Fax Correspondence from Ross M. Hull, Senior Environmental Specialist, N.J.D.E.P. Bureau of Recycling & Planning to BettyLou DeCroce, Township Clerk dated October 6, 2006 RE: Acknowledgement of a Notification of Exempt Recycling Activities – Mr. Rilee stated he thought that the town had a say in recycling components and that clearance came from the town and the county – Mr. Raths stated that he is working with the County on this and Mr. Ciaramella has spoke with him about this and he is forwarding it to the MUA.


Ms. DeCroce added that she received an email from the D.E.P.  on RAW (Roxbury Auto Wreckers) stating that all environmental issues with the D.E.P. have been remedied.  Mr. Raths stated that RAW was cited with some violations but were able to abate them and were granted their permit by the State.  Ms. DeCroce stated that she discussed this issue with Mr. Raths and Mr. Potere, Zoning Officer, who agreed that since the D.E.P. had released RAW from any violations the Township permit should be approved. 


#15 – Correspondence from James. W. Mell, Chairperson of Roxbury Municipal Alliance Committee (ROMAC) to Police Chief Mark Noll dated October 3, 2006 RE: Concern Over the Past Year of Lowered Police Visibility at Community Functions – Mr. Rilee stated he is concerned and stated that we will be having Roxbury Day next year.


#16 - Correspondence from Eugenia Wiss, Secretary of Hopatcong Planning Board to the Sussex County Planning Board, Morris County Planning Board & Surrounding Towns dated October 4, 2006 RE: Amendment of the Master Plan – Ms. DeFillippo questioned where  we stand on this issue.  Mr. Raths stated he will address this issue within the next weeks Communications.


#20 – Correspondence from Fred Jacobs, M.D., J.D. Commissioner to Friends & Colleagues dated September 2006 RE: 2006 Hospital Performance Report – Ms. DeFillippo stated she would like to see the report – Mr. Raths stated he will give it to her.


#21 – Correspondence from Michael Kobylarz, Township Engineer/Director of Public Works to Andres S. Holt, Vice President of Suburban Consulting Engineers dated September 27, 2006 RE: Proposal For Municipal Public Works Complex/Professional Services – Mr. Rilee questioned if we are locked into this Engineer – Mr. Raths stated we pretty much are unless we want to halt production and go back out to bidding.  Mr. Rilee stated he has some concerns, which he will discuss in executive session.


#23 – Mayors Fax Advisory from William G. Dressel, Jr., Executive Director of NJLM dated October 11, 2006 RE: Increase in Fees For Organizations Conducting Legalized Games of Chance – Ms. DeFillippo questioned Ms. DeCroce if the Fee was Significant – Ms. DeCroce stated yes it was doubled from $10.00 to $20.00.


Councilwoman DeFillippo made a motion to send a letter to the NJLM that the fee is too excessive for non-profit organizations.  Councilman Rilee seconded the motion.


ROLL CALL:     Ms. DeFillippo – Yes                          Mr. Rilee – Yes

                           Mr. Hall – Yes                                     Mr. Smith - Yes                                                                                                                                                                                                             

                                       Mr. Zoschak - Yes                              Deputy Mayor Ciaramella - Yes


Motion carried 6 – 0


October 20, 2006

At this time Deputy Mayor Ciaramella stated that Councilman Jim Rilee stepped down from the dais for potential conflict of interest.

#1 – Correspondence from Christopher Raths, Township Manager to Mayor & Council dated October 20, 2006 RE: Information Update # 16 NJ/DOT Commerce Blvd. – Mr. Raths stated that he spoke with Mr. Sohn of the DOT on Thursday and he indicated that if the Township is willing to endorse the concept plan with the minor modifications including the elimination of the round abouts the project can proceed.  If not, the project will have to go back to the beginning of the concept plan, which means it will be in limbo for quite a while.  If Roxbury endorses the plan it will go before the DOT’s Capital Program Committee where it will be prioritized.  If the funds are approved for this project it could take anywhere from eighteen to twenty-four months and the appropriations for the right of ways would be done at the same time and then it goes to final design and construction which adds another eighteen to twenty-four months and then after these four years the project may be ready for construction.  If the Township does not endorse this plan we will start at the beginning.  Mr. Raths stated that the DOT agreed to get rid of the round abouts.  If we want any changes made to the road at Hillside Avenue it would have to go back to the concept phase of the project, but Mr. Sohn stated if we do endorse the project he would be willing to attempt the Hillside Intersection as part of the project also.  Mr. Raths stated if we agree to move forward with the project we will need to prepare a Resolution and that he has a draft letter to Congressman Frelinghuysen asking that this money be directly ear marked for the next Federal Transportation Legislation.  This money would not only be used for the construction but also for the proper design.  Mr. Raths stressed that 8 million dollars is a significant amount of money for this project.


Councilman Hall stated we pointed out significant issues, which were missing from their plan such as the Hillside Intersection along with others, and it does not look like they took the time to fully evaluate our concerns.  Now as a result the DOT is telling us that they don’t feel that our concerns are relevant.  Mr. Hall questioned Mr. Raths if the DOT came to him during their project phase.  Mr. Raths stated that they did not contact him at all.  Mr. Hall questioned Mr. Raths if the DOT spoke to anyone from the Township.  Mr. Raths stated as far as he knows,  they did not.


Councilwoman DeFillippo stated that she got the impression that they didn’t really know Roxbury Township or the issues that we have with the traffic in this area.


Councilman Hall stated this was not a well thought out plan.


Councilman Smith stated he agrees with everyone’s concerns and questioned Mr. Raths if there is a time frame in which we have to get back to them.  Mr. Raths stated that in an earlier conversation he had with Camille Fernicola, Office Manager of the NJDOT Office of Community Relations she indicated to him that they want an answer in the next six to eight weeks.  Councilman Smith suggested that we proceed with contacting our Legislators.


Mr. Raths suggested we should endorse the project or else the project will get pushed aside for many years down the road.


Ms. DeCroce stated we will have to be very careful in our wording when we put together a Resolution for this project. Mr. Raths and Council agreed.


Mr. Raths stated he will call Mr. Sohn back to get confirmation from the DOT that the Hillside Intersection will definitely be included in this plan.  Mr. Hall suggested that several Council members work with Mr. Raths in preparation of a strong letter with our displeasure stated and yet emphasize the areas that need immediate attention, which should include Hillside Avenue and Mary Louise Drive.


At this point Councilman Rilee returned to the dais.


#10 – (Information Update) Deer View Waterline Right-of-Way – Councilman Zoschak questioned Mr. Raths about having this matter settled before the Township would issue a Certificate of Occpancy Mr. Raths stated as long as the development has potable water, we legally can not hold back the Certificate of Occupancy.  At this point Mr. Raths stated any disputes become a civil matter.  Mr. Zoschak stated that the property owners have contacted him and they believe that no Certificate of Occupancy would happen until they settled their dispute.  Mr. Raths repeated that it is a civil matter at this point.


#22 – Correspondence from The Board at Shore Hills Country Club to Mayor & Council dated October 19, 2006 RE: Donation of the Pond at the Intersection of Rogers Drive, Cole Place & Colver Rd., Landing – Mr. Zoschak stated that we maintain this pond anyway – Mr. Raths stated we would be liable if we were to take this donation – there is a small risk and no benefit to the Township if we take ownership.  Council all agreed that they would not like to take ownership of this pond.


#23 – Correspondence from Michael M. Rubbinaccio, Morris County Prosecutor to Chester Borough Police Chief Neil Logan, President – Morris County Police Chiefs Association dated October 16, 2006 RE: Morris County Prosecutor’s Office Task Force Assignments – Councilman Rilee stated that he felt this letter sounds like a threat.  Councilman Smith questioned if we have taken a formal position with our Police Officers that they are not to participate until they are covered.  -  Ms. DeCroce stated that even though nothing formal has been put in writing,  she believes that they are honoring not getting involved in the County Task Force Assignments. Mr. Raths stated that this is true and that he has spoken with Chief Noll and he would contact him again to confirm.


#26 – Correspondence from Alex DeCroce, Assembly Republican Leader to Elected Officials dated October 2006 RE: Resolution Urging Bipartisan Action by the State Legislature on Ethics Reform – Council all Agreed to Support.


Councilwoman DeFillippo brought to the attention of Council that the Morris Ledger, an insert in the Star Ledger Newspaper had a list of all the towns and Roxbury was incorrectly listed as three different towns – Succasunna, Kenvil and Landing.



06-368  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.


Councilman Rilee made a motion to approve Resolution 06-368.  Councilman Smith seconded the motion.


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

                           Mr. Ciaramella – Yes                          Ms. DeFillippo - Yes                                                                                                                                                                                                     

                                       Mr. Hall - Yes                                      Deputy Mayor Ciaramella - Yes


Motion carried 6 – 0


Councilman Hall made a motion to modify the September 26, 2006 Executive Session Minutes.  Councilman Rilee seconded the motion.


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

                           Mr. Ciaramella – Yes                          Ms. DeFillippo - Yes                                                                                                                                                                                                     

                                       Mr. Smith - Yes                                   Deputy Mayor Ciaramella - Yes


Motion carried 6 – 0



At 11:10 pm Councilman Smith made a motion to adjourn the Workshop Meeting.  Councilman Hall seconded the motion.



BettyLou DeCroce

Township Clerk



DATE:                        December 12, 2006

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

                                    Mr. Ciaramella – yes            Mr. Hall – yes

                                    Mr. Zoschak – yes     Mayor Schmidt - yes