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November 13, 2006


A Regular Meeting of the Township Council of the Township of Roxbury was held on November 13, 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; Robert H. Oostdyk, Township Attorney and Janet Rieth, Deputy Clerk 



Recognition and Moment of Silence—Marine Lance Cpl. Donald S. Brown

Mayor Schmidt requested a Moment of Silence to remember Donald Brown who was killed in action in Iraq.



June 13, 2006 - Regular

October 10, 2006 – Regular – HOLD


Mr. Rilee made a motion to approve the October 10, 2006 Regular Meeting Minutes.  Mr. Zoschak seconded the motion.


Council discussed additional information that they would like included in the minutes pertaining to the DOT discussion.


After discussion, Mr. Rilee withdrew his motion and Mr. Zoschak withdrew his second.


Mr. Zoschak made a motion to approve the June 13, 2006 Regular Meeting Minutes.  Mr. Smith seconded the motion.


Mr. Zoschak – yes       Mr. Smith – yes

Mr. Ciaramella – yes    Mrs. DeFillippo – yes

Mr. Hall – yes              Mr. Rilee – abstain

Mayor Schmidt – yes


Motion carried 6 – 0 with one abstention



Robert Kluska, Emmans Road, suggested that new streets in the Township be named for military personnel who have died in wars.  He stated that this is done in other municipalities. 


Dominick Algeria, 9 Metro Trail, Hopatcong, belongs to the Shore Hills Community Club and asked what could be done to alleviate the Club being responsible for the pond. Council advised that this was discussed at the last meeting and the Township is not interested in acquiring the pond due to liability.  Mr. Raths will look into the cost of the insurance and the Township will discuss this further.


Mayor Schmidt recognized Cub Pack 163 that is attending tonight’s meeting.



Old Business

Mr. Smith advised that the Open Space grants will be announced at a meeting on Tuesday, November 21st, in the morning.   Mr. Raths will email Council members as to the time of the meeting to see if anyone from Council can attend.


Mr. Smith requested an update on the Reger Road sidewalk.  Mr. Raths stated that Mr. Blood has advised that there are two options.  The first is to extend the sidewalk in front of the resident’s home, which would cost approximately $6,000. Mr. Saunders, in the past, has opposed this idea. The second is to install two crosswalks, one at the intersection of Reger Road and Parkview Drive and one at the intersection of Reger Road and Earhart Drive, at a cost of approximately $1500.  Mayor Schmidt took a straw poll and the majority of Council feels that, due to the safety issue, the best option is the sidewalk.  Council members stated that, in the future, the Township should prioritize significant sidewalk issues to be presented to staff for action.     Mr. Raths will advise Mr. Saunders of the Council’s decision.


Mr. Zoschak asked if anyone has looked into the dumping on Shippenport Road.  Mr. Raths will take care of this.


Mr. Zoschak stated that he has received complaints regarding property on Center Street where buses are being parked.  Mr. Raths will have Tom Potere, Zoning Officer, revisit the property.


Mr. Zoschak requested an update on the road drainage issue at 50 Ford Road.  Mr. Raths will have Mr. Blood look into this and report back to Council.


Mr. Rilee advised that the Planning Board adopted  the buildout and capacity analysis.  There are  good suggestions for the Master Plan Committee and Planning Board to look at regarding lot depths and widths to help curtail some of the oversized developing. 


Mr. Rilee would like an opinion from the Township Attorney as to the communications regarding the Mt. Arlington water issue and whether they should have been confidential.  Mr. Bucco will advise.


Mrs. DeFillippo reminded everyone of the Township Neighborhood Meeting which will be held on November 29th at Fire Company No. 2 on Shippenport Road.


Mrs. DeFillippo stated that the Economic Development Committee is planning two meetings for business and property owners in the Route 46 corridor.  There will be one morning and one evening meeting.   


Mr. Ciaramella stated that the DPW Committee will meet on November 20th at 7:00 PM.


Mr. Ciaramella advised that the residents in the Kenvil Post Office area received a notice last week that, effective today, there will be a change in the counter hours and the Post Office will be closed at 12:00 PM Monday through Saturday.  The Post Office box mail will be open 8:30AM to 5:00 PM.  The residents do not feel this is fair and feel that they should not be subject to this unless all Post Offices in the Township are affected in the same way. Mr. Raths will contact Congressman Frelinghuysen’s office and report back to Council. 


Mr. Ciaramella asked if the Fire Official’s new vehicle has gone in for decals.  Mr. Raths stated that it should be done within the next couple of weeks.


Mr. Ciaramella requested an update on Circle Carting on Berkshire Valley Road. Mr. Raths advised that there were no fill or wetland violations. They have been advised that they do not have the proper permits in place for any type of  recycling operation. 


Mayor Schmidt advised that the Environmental Commission met last week. He will have a report for Council at the next meeting.


Mayor Schmidt received a letter from the Morris County Board of Chosen Freeholders regarding a shared services meeting that will be held on December 6th.  Mayor Schmidt and Mr. Raths will attend.


Mayor Schmidt requested an update on the crosswalk sign at Hunter Street.  Mr. Raths advised that it will be moved by the end of the week.


Mr. Rilee stepped down at this time due to a potential conflict of interest.


Mr. Hall read a letter that he wrote to be sent  to the State DOT responding to their presentation on October 10th pertaining to the Commerce Boulevard intersection.  Mr. Zoschak asked if the Township was going to suggest to the DOT the possibility of having the intersection go straight across Route 10. Mr. Raths will have Mike Kobylarz, Township Engineer look at this possibility and report back to Council.   Mr. Smith stated that he feels the real issues are Hillside Avenue and northbound on Commerce Boulevard to cross Route 10.  Mr. Hall stated that this has been going on for a long time and the Township needs an all encompassing solution, not a spot solution to some problems.  He does not feel that the DOT took enough of the Council’s input to realize where the true traffic conditions are.  Mayor Schmidt stated that he has always felt that Mary Louise Avenue should be opened up and the left hand turning lane at Hillside Avenue should definitely be made longer.  However, all the solutions given for Commerce Boulevard have been short term solutions and Mayor Schmidt feels the only way to fix the intersection is an overpass. Mr. Hall stated that the cost involved with an overpass would be prohibitive and he does not feel that the DOT would address it.  Mr. Hall further stated that the objective in his letter is to present the State with suggestions that would not put them in the cost prohibitive area.        Mr. Smith suggested that the letter should mention changing the timing of the lights on Route 10 as part of improving the corridor.  Mr. Raths stated the State is redoing all the timing on all of the lights on Route 10 throughout the County.  Mr. Hall will work with Mr. Raths on a final draft of the letter, which will be sent to the DOT, with a copy to Congressman Rodney Frelinghuysen and Assemblyman Alex DeCroce.


At this time Mr. Rilee returned to the dais.


Mr. Raths stated that the architect for the Main Street Streetscaping has not finished his review of  the components of the materials that were presented to him. Once that is done, Mr. Raths will meet with Don Dyrness, who is developing the property on the corner of Hillside Avenue and Main Street. The Main Street Streetscaping Committee is forming a subcommittee to start fundraising for the project.  Mr. Raths contacted JCP&L today regarding whether or not the Township needs to do improvements to the electrical transmission system in that area for the street poles.


Mr. Raths stated that there have been issues with the Township radio system.  He spoke with Chief Noll today and the Township will be receiving a report from our vendor, along with proposed improvements.  This report should be received within two weeks.


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 and unexpired term of Russ Vanderbush, 1/1/05 to 12/31/07.

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.

Appoint Traffic Circulation Advisory Committee


Council agreed to hold all appoints, with the exception of the Traffic Committee until the first of the year. The Traffic Committee members will be appointed at the next meeting.





25-06         An ordinance amending the Revised General Ordinances of the Township of Roxbury to Amend Chapter XXIV entitled “Fees”


Mr. Smith made a motion to introduce Ordinance 25-06.  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







06-369     A resolution incorporating by reference herein and approving the following numbered

                 resolutions listed on the regular council meeting agenda for this date:  06-370,

                 06-372, 06-373, 06-374, 06-375, 06-376, 06-377, 06-378, 06-379, 06-380, 06-381,

                 06-382, 06-383, 06-384, 06-385, 06-386, 06-387, 06-388, 06-389


Mr. Ciaramella made a motion to adopt Resolution 06-369.  Mr. Zoschak seconded the motion.


Roll Call:

Mr. Ciaramella – yes (recuse on check no. 41836)

Mr. Zoschak – yes       Mrs. DeFillippo – yes

Mr. Hall – yes              Mr. Rilee – yes

Mr. Smith –yes (recuse on 06-375, 06-376 and check no. 41845)

Mayor Schmidt – yes


Motion carried 7 – 0 with one recusal on check no. 41836, no. 41845 and Resolutions 06-375 and 06-376


Amend motion to verify 06-374

06-370    A resolution authorizing the insertion of an item of revenue in the 2006 Budget for

                        additional funding for Highway Safety Fund Grant Program—Safe Corridors.


06-372   A resolution of the Township Council of the Township of Roxbury urging the State

   Legislature to take Bipartisan Action on Comprehensive Ethics Reform.


06-373    A resolution requesting the state legislature to adopt Assembly, No. 3563 sponsored by

 Assemblyman Alex DeCroce which legislation would require the State Attorney    General to provide a defense and indemnification for county and municipal law enforcement officers who are subject to litigation arising out of the lawful exercise of their police powers while assigned to and working under the supervision of the State or County Prosecutor.


06-374  A resolution authorizing the release of a cash bond posted by Rainbow Management for

          property located on Emmans Road, Pleasant Village Drive, Block 4102, Lot 2

Council would like a letter of verification from the appropriate department.


06-375 A resolution authorizing the acceptance of a cash bond for Tree Removal Permit for

 Merry Heart Health Care Campus, located on Route 10, Block 5201, Lots 7, 8, 9, 12 and 13


06-376 A resolution authorizing the acceptance of a cash bond for Soil Relocation Permit for

 Merry Heart Health Care Campus, located on Route 10, Block 5201, Lots 7, 8, 9, 12 and 13


06-377  A resolution amending the membership of the Township Fire Department


06-378    A resolution of the Township of Roxbury, County of Morris, State of New Jersey,

            expressing the intent of the Township to authorize the execution of a Regional Contribution Agreement with the City of East Orange


06-379    A resolution opposing the increasing of fees for organizations conducting Legalized

             Games of Chance


06-380    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


06-381    A resolution authorizing the acceptance of a Deed of Road Dedication and various

easements from Sylway Properties, Inc., Block 7101, Lots 17 and 18, in the Township of   Roxbury, Dell Park Properties Development, Dell Avenue


06-382  A resolution authorizing refund of water payment


06-383  A resolution authorizing the refund of sewer special assessment payment


06-384    A resolution approving Change Order No. 3 (final) to the contract with Covino & Sons

            Construction Company, Inc. for the Dell Avenue Sidewalk Construction Project  

              Contract ‘A’


06-385    A resolution authorizing the final payment to Covino & Sons Construction Company,

             Inc. (Dell Avenue Sidewalk Construction Project) and acceptance of maintenance bond.


06-386    A resolution approving an amendment to a Professional Services Contract with Thomas

             G. Grau, P.E. of Hatch Mott MacDonald for the preparation of a Municipal Stormwater 

             Control Ordinance in accordance with the NJDEP Stormwater Management Regulation.


06-387    A resolution authorizing an Interlocal Services Agreement with the Borough of Wharton

             for the furnishing of services of a Health Officer and Registered Environmental Health

             Specialist for 2007-2009.


06-388    A resolution of the Township of Roxbury, County of Morris, State of New Jersey,

             approving a Change Order to the contract with Frank Lurch Demolition, LLC for the

             alternate bid of the demolition and disposal of a concrete block manufacturing plant.


06-389    A resolution authorizing payment of bills


06-371 Approving the By-laws of the North Jersey Municipal Employee Benefits Fund

Mr. Oostdyk stated that, although there are quite a few changes, it is an update and modernization that needed to be made.  There were a few typographical changes that were sent to the Clerk’s Office.


Mr. Rilee made a motion to adopt Resolution 06-371.  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


At 9:00 PM Council took a short break.

At 9:10 PM Council returned to the Regular Meeting



Memo from Judy Riley dated November 7, 2006.



October 27, 2006

#1 Correspondence from Christopher Raths, Township Manager to Mayor/Council, dated October 27, 2006, re: Information Update  (#15) Abandoned Buildings – the building on Salmon Lane is gone. (#13) Trails – Mr. Raths is waiting to hear back from Dave Helmer of the Park Commission.


#11 – Correspondence from Judith Silver, Parsippany-Troy Hills Clerk, dated October 25, 2006, re: Resolution of the Township Council of the Township of Parsippany-Troy Hills Urging the New Jersey State Legislature to Support the Adoption of Assembly No. 3444 and Senate No. 2183 and to Introduce an Amendment to these Measures to Restore “Cap Banking” to its Previous Status as it Existed Prior to 2004 – If it has not already been done, a Resolution of support will be prepared.


#15 – Correspondence from Marianne Smith, Manager of Hardyston Township, dated October 24, 2006, re: Resolution Requesting Verification that Sewer Service Area Approvals & Center Designations will not be Modified in any Manner as a Result of the Highlands Master Plan without the consent of the Municipal Governing Body – A Resolution of support will be prepared for the next meeting.


November 3, 2006

#8 – Correspondence from Anthony Bucco, to Christopher Raths, dated October 31, 2006, re: Prompt Pay Law – Bills will still be on the bill list and, if necessary, there will also be a resolution.


#18 – Interoffice Memo from Michael Kobylarz, to Christopher Raths, dated November 3, 2006, re: Letter from NJDEP dated October 24, 2006 regarding underground storage tank at 72 Eyland Avenue – It has not been verified that the tank is there.  Mr. Raths will speak with Mr. Bucco regarding getting the money from the State to fix the situation or possibly subdividing the parcel.


#21 – Correspondence from Anthony Bucco, to Christopher Raths, dated September 27, 2006, re: Proposed Rules Concerning Mandatory Municipal Appropriation for Libraries Established Under N.J.S.A. 40:54-1 – There are no major changes


November 9, 2006

#1 – Correspondence from Christopher Raths, to Mayor/Council, dated November 9, 2006, re: Information Update (#22) Morristown & Erie Railroad - Mr. Raths will confirm the purpose of the road.


#6 – Mayors Fax Advisory from NJLM, dated November 7, 2006, re: Civil Rights Lawsuits –Mr. Raths will prepare a resolution.


#8 – Correspondence from Tom Valiante, to Mayor/Council, dated Nov ember 7, 2006, re: Restoring the Landing Honor Roll – Mr. Raths will send a letter of endorsement.


#15 – Fax Correspondence from Stephanie George to Frank Grisi, dated October 23, 2006, re: Inquiry about an Internship Opportunity Concentrating on Environmental Health in Roxbury Township – This is a non paid internship.


#16 – Correspondence from Kathy Torre, American Red Cross, re: Bravo for Bravery Award –.  Mr. Raths will send an email for recommendations.


#17 – Correspondence from Paul Nusbaum, Esq., to Senator Bucco, dated November 2, 2006, re: Merry Heart Health Care Campus Assisted Living Facility Mount Laurel Contribution –  Mr. Nusbaum and Senator Bucco met last week. 


#18 – Correspondence from Tom Potere, to Earl Gil of Circle Carting, dated November 7, 2006, re: Notice of Violation – Mr. Raths will send a copy to the MUA inspector.



Robert Church, 256 Eyland Ave, Succasunna, discussed Correspondence #9 from the October 27th package regarding the New Jersey Supreme Court ruling on Same Sex Marriages and was interested that the Council did not discuss this issue.  Mr. Church stated that it is his understanding that there is a lengthy legal proceeding for making sex legal in a marriage for procreation purposes and therefore there should be no discussion that marriage should not be allowed for same sex couples.  They should have equal opportunity treatment and he feels the Council may want to consider that in response to the letter. Mr. Zoschak stated that the Legislature is going to go along those lines in that it will be a Civil Union.



06-390 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



Mr. Rilee made a motion to adopt Resolution 06-390 for Executive Session.  Mr. Ciaramella seconded the motion.


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                            



At 10:00 PM Mr. Ciaramella made a motion to adjourn the Regular Meeting. Mr. Hall seconded the motion.


All In Favor – Yes


Submitted By:





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