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TOWNSHIP MEETING MINUTES
SEPTEMBER 19, 2007
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TOWNSHIP MEETING
SEPTEMBER 19, 2007
The regular scheduled meeting of the Mayor and
Committee of the Township of Oxford was held on
September 19, 2007 in the Township Municipal
Building, 11 Green Street, Oxford, New Jersey.
Mayor Lazorisak announced that the meeting had been
properly advertised in compliance with the OPMA of
1975 and called the meeting to order at 7:35 PM.
In attendance were Alex Lazorisak, N. Angelo
Accetturo, Bonnie Riley, Michael Finelli, Michael
Lavery and Sheila L. Oberly.
Everyone stood and recited the flag salute.
Mr. Lazorisak stated that the tax, sewer, and
treasurer’s reports from August 2007 are available
to the public for review.
EXECUTIVE SESSION
WHEREAS, Section 8 of the Open Public Meeting Act,
Chapter 231, P.L. 1975, permits the exclusion of the
public from a meeting in certain circumstances, and
WHEREAS, this public body is of the opinion that
such circumstances presently exist.
1. The public shall be excluded from the discussion
of any action upon the hereinafter-specific subject
matter.
2. The general nature of the subject matter to be
discussed is: pending litigation (Corson Tax
Appeal), contractual matter (Lauer Property),
potential litigation (Hissim Property) and a
personnel matter regarding the police department.
3. It is anticipated at this time that the above
stated subject matter will be made public at the
conclusion of the litigation. The motion carried
with the following roll call vote.
On motion by Mr. Lazorisak, seconded by Mrs. Riley
and passed unanimously on roll call vote to enter
into Executive session at 7:50 PM. No official
action was taken.
Entered into open session at 8:43 PM.
On motion by Mrs. Riley, seconded by Mr. Accetturo
and passed unanimously on roll call vote to adopt
the August 6, 14, 15, 2007 minutes.
Ordinance 2007-09 Acquisition of Real Property,
Block 6, Lot 13 and 14, second reading, public
hearing was tabled until October 17, 2007, on motion
by Mr. Lazorisak, seconded by Mr. Accetturo and
passed unanimously on roll call vote.
On motion by Mr. Lazorisak, seconded by Mrs. Riley
and passed unanimously on roll call vote to withdraw
the offer and contract on the Frank Lauer property
located at 4 Kep’s Road.
Mr. Lavery reviewed the contract with Beyer’s
Brothers for the new DPW truck and stated that there
are a few standard attachments that are needed to
complete the contract.
On motion by Mrs. Riley, seconded by Mr. Accetturo
and passed unanimously on roll call vote to
authorize the Mayor to sign the Beyer’s Brother
contract after all attachments are received and
approved by Mr. Lavery, Township Attorney.
On motion by Mr. Lazorisak, seconded by Mrs. Riley
and passed unanimously on roll call vote to
designate Trick or Treat Night on October 31, 2007
from 5:00 PM to 7:00
PM.
The Committee discussed the Oxford Township Code
Book to be completed by General Code Publishers.
E-mail was received by Kathleen Macon stating that a
draft copy could be completed for review by the
Committee and the professionals for a fee of
$350.00.
On motion by Mr. Lazorisak, seconded by Mr.
Accetturo and passed unanimously on roll call vote
to authorize the Clerk to sign the change order form
with General Code for an additional fee of $350.00
to receive a final draft copy of the Township Code
Book for review before publication.
Mr. Accetturo announced that the Household Hazardous
Waste Collection Day will be held on Sunday, October
28, 2007 from 8:00AM to 12:00AM at the Pollution
Control Financing Authority, 500 Mt. Pisgah Avenue
for computers, household materials such as gasoline,
antifreeze, mercury, kerosene, pesticides,
batteries, florescent lights, etc.
The permit for the Connolly Farm was discussed with
Mr. Finelli and the Committee. Mr. Finelli stated
that it has not come across his desk as of yet for
his signature.
The recycling date of November 23, 2007 has been
changed to November 21, 2007 because of the
Thanksgiving Day holiday. The new date will be on
the website and advertised in the Riverbend.
On motion by Mr. Lazorisak, seconded by Mr.
Accetturo and passed unanimously on roll call vote
to award the bid from Horizon Fencing in the amount
of $3,500.00 for fencing on Oram’s Lane.
Mr. Lazorisak stated that after testing the
ballfields on Mt. Pisgah Avenue, traces of naturally
occurring arsenic was found on the fields. He stated
the reason this was found is because the Township
applied for Green Acres grant money. It is not state
mandated to test ballfields for arsenic which
naturally occurring and found all over Warren
County. The Township is getting additional reports
and proposals from outside companies to see how to
address this problem. The Committee is also getting
in touch with the DEP to see if this is a problem
and if so how to resolve it.
Mr. Finelli stated that we purchased the property in
2003 primarily to curtail potential residential
development because the property was being targeted
for houses. Subsequently to closing and taking
title, a Phase I environmental study was done. In
2004 the Committee decided to proceed with a Green
Acres application; part of the application was the
requirement to do testing. This was the first time
the Township was made aware that there were traces
of arsenic in the soil. The Township hired RBA Group
to do an evaluation. They concluded based on the
levels found, that this was naturally occurring
arsenic and no further action was required by the
Township. The Department of Environmental Protection
is aware of the situation and has done nothing; no
violations have been given because no violation has
occurred. The Township is in the process of trying
to decide how to proceed and what avenues to pursue.
PUBLIC COMMENT:
William Bray asked if any DEP violations have been
issued to this property. Mr. Finelli answered that
there was one and it was related to wetlands, not
pertaining to the arsenic.
Mr. Bray asked where on the property and how many
times was the property tested for arsenic and
specially, where were the arsenic levels detected?
Mr. Finelli stated that about a dozen samples were
taken and a small diameter boring about eighteen
inches down. The results were variable-some high,
some low.
Mr. Accetturo stated that some of the levels were
high and this is the reason for the concern and the
reason that nobody is allowed to play on the
ballfields. The Township has requested another firm
to review the test documents. The Township has not
received any response back from the DEP with
guidelines.
Mr. Finelli stated that naturally occurring arsenic
does not get remediation. There are a number of
sites in Warren County that have gone through this
process, did the follow up testing, proved to the
DEP that it was naturally occurring and therefore
there was no requirements for remediation.
Mr. Lazorisak said that all the topsoil during
construction was piled up and the Township brought
fill in from Tilcon that was certified and put the
topsoil back. The arsenic is being found in the
original topsoil.
Mr. Lazorisak stated that the State of New Jersey or
the Warren County Health Department does not mandate
testing for arsenic in wells. Until there are more
definite answers, no action will be taken until the
Committee acquires more information. He said it
would be a disservice to the residents for action to
be taken right now until all the information is
received.
Joan Mulligan asked if the ballfields are condemned
and if the Township is at a standstill and cannot
proceed at this time? Mr. Lazorisak stated that he
wouldn’t say they are condemned; there are traces of
condemnation from arsenic. She also asked if this
condition could be corrected, is it going to be up
to the taxpayers to make the decision or will the
Committee decide.
Mr. Lazorisak said that the Township is compiling
information from an engineering firm that is working
with Mr. Accetturo and Mr. Finelli, and get their
expertise of the situation. They may say nothing,
they may say cap it, add some type of fertilizer; at
this time we do not know. The Township has do
additional testing and wait to get all the reports
from the professionals before anything is decided.
The Committee closed the public comment period at
9:50 PM.
EXECUTIVE SESSION
WHEREAS, Section 8 of the Open Public Meeting Act,
Chapter 231, P.L. 1975, permits the exclusion of the
public from a meeting in certain circumstances, and
WHEREAS, this public body is of the opinion that
such circumstances presently exist.
4. The public shall be excluded from the discussion
of any action upon the hereinafter-specific subject
matter.
5. The general nature of the subject matter to be
discussed is: potential litigation-Scott Pohl-sewer
problem.
6. It is anticipated at this time that the above
stated subject matter will be made public at the
conclusion of the litigation. The motion carried
with the following roll call vote.
On motion by Mr. Lazorisak, seconded by Mr.
Accetturo and passed unanimously on roll call vote
to enter into Executive session at 9:50 PM. No
official action was taken.
The Committee emerged from Executive session at
10:16 PM.
On motion by Mr. Lazorisak, seconded by Mr.
Accetturo and passed unanimously on roll call vote
to authorize Mr. Lavery to call Mr. Scott Pohl in
regard to the sewer situation.
The Committee discussed hiring Kevin Murray from a
part-time to a full-time employee to work in the
Department of Public Works.
The Committee approved the Clerk’s appointment of
Margaret Housman as Deputy Register.
On motion by Mr. Lazorisak, seconded by Mr.
Accetturo and passed unanimously on roll call vote
to send Ms. Housman to registrar’s classes and
meetings as required.
On motion by Mrs. Riley, seconded by Mr. Lazorisak
and approved unanimously on roll call vote to
adjourn the meeting at 10:35 PM.
________________________
Sheila L. Oberly, RMC |
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