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TOWNSHIP MEETING MINUTES
- SPECIAL
OCTOBER 17, 2007
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TOWNSHIP MEETING
OCTOBER 17, 2007
The regular scheduled meeting of the Mayor and
Committee of the Township of Oxford was held on
October 17, 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 September 2007 are
available to the public for review.
Mayor Lazorisak announced Clyde Mitchell and Kevin
Cavotta, of the Warren County Health Department and
Robert Zelley, Maser Consulting are here tonight to
answer any questions or concerns in regard to
arsenic.
Mr. Finelli explained the following:
PROJECT MILESTONE TIMELINE
HISSIM (BLOCK 26, LOT 85) & QUENTZEL (BLOCK 86)
PROPERTIES
OXFORD TOWNSHIP, WARREN COUNTY
Boundary Survey
Hissim Property January
2003
Quentzel Property June
2005
Green Acres Application Submittal
Hissim Property February
2004
Quentzel Property
February 2005
Township Request to New Jersey Geologic Survey
(NJGS) October 2004
NJGS Memo/Test Results in Response to Township
Request June, 2005
Original Soils Testing
Hissim Property April
2004
Quentzel Property April
2004
Warren County Charitable Trust & Conservancy Grant
Application
Hissim Property June
2003
Quentzel Property June
2004
Earthwork/”Fill” Operation February 2004
Recreation Field Design May 2006
Recreation Field Construction August 2006
Additional Soils Testing May 2007
These dates are the month and year that the work
effort commenced.
Mr. Lazorisak stated that one individual tested
their well for arsenic and the result showed high
levels of arsenic. The Township called QC Labs on
Friday September 28, 2007 and the Lab dropped off
one hundred test kits at $10.00 per kit. The
Committee wanted to find out if this was an overall
problem in Oxford or just in a concentrated area. By
Monday afternoon, October 1, 2007, seventy-five test
kits were distributed free to residents in the
Township. The residents came to the Municipal
Building from different areas to pick up samples,
giving a good evaluation of Oxford. Mr. Finelli will
chart all the results on a map and present it to the
Committee at the next Township meeting, November 7,
2007. As of October 17, 2007, forty-seven samples
have come back and four out of the forty-seven have
come back with arsenic traces over the allowable
level of .00.500 (five parts per billion).
Mr. Finelli presented a map, showing the forty-seven
test results plus six sent to him from the Warren
County Health Department. The red star on the map
shows a location or property with testing results
over the state arsenic level and the blue shaded
areas are results that came in on properties that
are either under the state limit or came is as the
testing lab refers to as ND-not detected. The vast
majority of the results that have come back are
under the state limit with the exception of a
somewhat linear relationship of results that came up
positive over the state limit. In regard to the
forty-seven results, the map shows a large property
with a lot frontage on Route 31, three lots on Upper
Denmark Road, one lot on Henry Street and one lot on
Belvidere Avenue over the state limit.
Mr. Mitchell stated that on the table in the back of
the room, there is a brochure prepared by the
Division of Science, Research and Technology and the
Bureau of Safe Drinking Water for public
distribution.
Mr. Cavotta said that as of January 2006, the State
of New Jersey has lowered the level of arsenic from
50 parts per billion to five parts per billion. The
NJDEP felt that the fifty parts per billion was too
high, thus causing a cancer risk. He stated that he
had a phone call from NJDEP, (Safe Drinking Water)
saying that these residents with wells that are
above the limit will be considered to receive money
under the Spill Fund. This is a fund given to people
that have contaminated wells that is no fault of the
resident. He suggested starting this process by
having a water test taken, and then a confirmation
test confirming the contamination. After the results
from the two tests come back, call the Warren County
Health Department to discuss how to fill out the
Spill Fund form to be eligible for funding.
Mr. Lazorisak said that on Monday, October 22, 2007,
Mr. Finelli, and himself have a meeting scheduled
with NJ American Water Company to look into running
a water line up Upper Denmark Road. Also he stated
that he has talked to certain NJDEP officials, and
was told that there is different funding available
for reimbursement of costs.
On the subject of health effects, Donna from Warren
County Health Department stated that most cancers
must be exposed to some kind of environmental
situation for at least twenty to thirty years before
the cancer actually shows up. She said there has
been a five-year study done on all the cancer cases
that have been identified in Warren County and
compared the cases with environmental sources. The
cancer types identified in Oxford are
behavioral-smoking, drinking, and eating; based on a
person’s life style and behavior. The cancers that
have been identified thus far are not environmental
caused cancers. The most popular cancers from
arsenic are skin cancer, bladder cancer and lung
cancer. In Oxford reported in the five years, there
was one bladder cancer, no skin cancer, and seven to
eleven lung cancers.
A resident asked about cooking and bathing with the
water that has high levels of arsenic. Donna stated
that cooking, you are still ingesting it; water
cannot be boiled to eliminate arsenic, only certain
types of filter must be used to filter the arsenic
out. Also, bathing is safe, it will not absorb into
the skin, and arsenic is only dangerous by
ingestion.
Warren and Sussex County is now included in the Safe
Drinking Water Act as of October 1, 2007 which is a
requirement to test for arsenic in all new wells and
in wells when selling a home.
Mr. Lazorisak explained that he asked Robert Zelley
to come to the meeting tonight to discuss arsenic,
explain where it comes from and to give everyone a
background on the subject. He stated that trying to
find the cause might be very difficult.
Mr. Lazorisak introduced Mr. Zelley of Maser
Consulting Engineers. He specializes in arsenic
testing and has a background in Oxford Township
where he has done Phase I studies on the Oxford
Furnace site.
Mr. Zelley stated that there is no data that exists
that correlate the high-elevated arsenic at the ball
fields with elevated arsenic in the ground water.
What needs to be done is to look at the cause and
the effect. In low-lying areas the ground water flow
is controlled by the structures in geology. The
wells that are elevated are being controlled by
groundwater flows that are in these fractures. Based
on the available data, the elevated numbers are
coming from the geological structure that is common
to this area. In edition, it is just naturally
occurring arsenic in the rock, a vein of rock, which
has nothing to do with the fill at the site of the
ball fields, nothing to do with the township
bringing fill in from Tilcon, or nothing to do with
the millings. He stated, it is probably naturally
occurring in the rock, which is probably why the
state changed on October 1st the NJ Register to
include Sussex and Warren to be tested for arsenic
in wells. The nature and the geology of the area,
control a lot of things.
Mr. Lazorisak said that he talked to the Department
of Environmental Protection and they suggested that
the township should hire a consulting engineer to
come up with a remediation plan. He also asked
different individuals in the DEP what is normally
done when you have a site where there is naturally
occurring arsenic or arsenic placed there a hundred
years ago. The Department instructed him to cap it
with six to twelve inches of clean soil and let it
go. Mr. Zelley agreed with that statement and stated
that once you put a cover on it, you will stop 100%
of the precipitation from going through it, so there
is no mechanisms for the arsenic to leak in to the
ground water. He said, it cannot go anywhere,
arsenic moves through precipitation, thus it will
stay there and no one would be affected by it. Mr.
Zelley remarked, first you would put down a marking
bed (construction fence), eighteen inches of clean
fill and then six inches of topsoil and place the
turf on top and grade it properly. By doing this
method, you get rid of the source, it is very
practical and the fields are safe to be used for
recreational purposes..
Mr. Lazorisak said that if we did not apply for
Green Acres funding, the Township would not have
known arsenic was present in the soil. It is not
mandated by the State of New Jersey for
Municipalities or Counties to test land for arsenic
on ball fields. When the Township applied for
funding for Green Acres money, in order to receive
the other half of the money, one thing the state
wanted is the Township to deed the land over to the
State as Open Space. This agreement would have taken
the majority of the properties that the Township
owns. The Township did not want to agree with these
restrictions. By signing with Green Acres, Oxford
would be releasing every piece of property that is
valuable to the Township to the State of New Jersey.
The letter that the newspaper referred to from Green
Acres that Oxford lost the funding because of the
arsenic is absolutely incorrect. The reason we lost
funding is because we did not meet their deadline
and the Township would not accept the Recreation &
Open Space Inventory (ROSI) map. Mr. Lazorisak
stated that in the best interest of Oxford Township,
the Committee bonded the ball fields and half the
money needed was received from the County.
The Committee took a brief recess at 9:00 PM.
The Mayor called the meeting back to order at 9:24
PM. Mr. Lazorisak asked Mr. Accetturo and Mrs. Riley
to pick a few dates and let the Clerk know when they
will be available to meet to discuss all the results
of the water testing.
Mr. Finelli explained to the public the numbers
shown on the water testing results from Q. C. Labs.
The report will show milligrams per liter, in order
to get it to micrograms, (which the state is going
by .0050), multiply it by 1,000 or move the decimal
point over. (Example; if the result is .0066, the
test reading would be 6.6, which is over the limit).
On motion by Mrs. Riley, seconded by Mr. Accetturo
and passed unanimously on roll call vote to accept
the September 18th and 19th, 2007 meeting minutes.
Ordinance 2007-09 Acquisition of Real Property,
Block 6, Lot 13 and 14, second reading, public
hearing was tabled from September 18th, 2007. On
motion by Mr. Accetturo, seconded by Mr. Lazorisak
and passed unanimously on roll call vote to defeat
Ordinance 2007-09.
Mr. Lavery stated that he sent a letter to NJDEP
concerning the Cambridge property and received yet
another letter back from DEP asking for additional
information. They are requesting a copy of the
developer’s agreement, which is the attorney’s
understanding that this has already been provided to
them. He also stated that he has some items for
Executive Session.
On motion by Mr. Lazorisak, seconded by Mr.
Accetturo and passed unanimously on roll call vote
authorize the Clerk to prepare a resolution for next
month’s meeting pertaining to the pedophile state
law bill that Assemblywoman Marcia Karrow is
proposing. This is a bill she is introducing to put
restrictions on pedophiles in certain areas where
children may be present, example, parks and
recreational areas.
Mrs. Riley informed everyone that the tree lighting
ceremony will be held on Sunday, December 2, 2007 at
6:00 PM.
Mrs. Riley asked if the Township must use the Clean
Communities Grant in the same year as it is
received. Mr. Lavery answered that he thought the
Township would be required to spend it in the same
year as received.
Mr. Lazorisak asked the Committee to review the
resumes received for the position of Certified
Financial Officer. After reviewing the resumes, to
call the Clerk and let her know what days you are
available and she will schedule interviews.
Mr. Accetturo informed the Committee that the police
would like to schedule a meeting to discuss the new
police contract that will start on January 1, 2008.
On motion by Mr. Lazorisak, seconded by Mrs. Riley
and passed unanimously on roll call vote to have Mr.
Accetturo meet with the police first and then bring
any questions or concerns back to the Committee and
if necessary to schedule additional meetings between
the PBA and the Committee.
PUBLIC COMMENTS:
Joan Mulligan asked if any services could be shared
with other municipalities to save money. Mr.
Accetturo answered that Oxford already does and have
for years. Oxford shares quite a lot with Belvidere
as far as equipment and recently the Township
repaired Bush Street and used the services of
Washington Township. Also we have a great
relationship with Warren County pertaining to salt
storage, which saves money. Mr. Lazorisak said that
the Township does not have their own building
department and uses the state-DCA, thus saving more
money.
Mr. Lazorisak stated that each homeowner pays only
8% municipal tax out of their total tax bill which
includes services such as garbage pick-up, the
Township’s own police force, and Department of
Public Works.
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: potential litigation, (Scott Pohl),
pending litigation, (Corson Tax appeal), contractual
matter, (Convanta sewer billing issue) and a
personnel matter regarding hiring an employee
full-time in the DPW.
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 10:00 PM.
Entered into open session at 10:29 PM. No official
action was taken.
On motion by Mr. Lazorisak, seconded by Mrs. Riley
and passed unanimously on roll call vote to hire
Kevin Murray to a full-time Public Works Laborer in
the Department of Public Works at the rate of $10.50
per hour.
RESOLUTION 2007-59
A RESOLUTION FIXING THE SALARIES OF CERTAIN OFFICERS
AND EMPLOYEES OF THE TOWNSHIP OF OXFORD
BE IT ORDAINED, by the Mayor and Committee of the
Township of Oxford, County
of Warren, and State of New Jersey, as follows until
a subsequent salary resolution is adopted.
Section I. The salaries for the following officers
and employees for the Township of
Oxford shall be as follows:
Title Salary
Public Works Senior Laborer $18.00 per hour
Public Works Laborer $10.50 per hour
Sgt. At Arms $75.00 per session
Section II
Salary for Public Works Senior Laborer retro to
January 1, 2007.
Salary for Public Works Laborer retro to October 17,
2007.
Salary for Sgt At Arms starting on November 20,
2007.
Section III. Any resolution or party of resolution
inconsistent herewith is hereby
repealed.
On motion by Mr. Lazorisak, seconded by Mr.
Accetturo and passed unanimously on roll call vote
to adopt Resolution 2007-59.
Mr. Lazorisak thanked Mr. Finelli and Mr. Lavery for
all the time and effort that their offices have
spent researching the arsenic problem.
On motion by Mr. Lazorisak, seconded by Mr.
Accetturo and passed unanimously on roll call vote
to adjourn at 10:40 PM.
______________________________
Sheila L. Oberly, RMC |
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