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TOWNSHIP MEETING
JANUARY 16, 2008
The regular scheduled meeting of
the Mayor and Committee of the Township of Oxford
was held on January 16, 2008 in the Township
Municipal Building, 11 Green Street, Oxford, New
Jersey.
Mayor Riley announced that the
meeting had been properly advertised in compliance
with the OPMA of 1975 and called the meeting to
order at 6:10 PM.
In attendance were Bonnie Riley,
N. Angelo Accetturo, William Bray, Michael Lavery
and Sheila L. Oberly.
Michael Finelli arrived at 7:25 PM.
Everyone stood and recited the
flag salute.
Mrs. Riley stated that the tax,
sewer, and treasurer’s reports for December 2007 are
available to the public in the back of the room.
On motion by Mr. Accetturo and
seconded by Mrs. Riley to approve the minutes from
December 11th, 12th, 19th,
and 27th, 2007.
Mr. Bray abstained.
RESOLUTION 2008-21
TO DOCUMENT THE APPOINTMENTS OF
THE EMERGENCY MANAGEMENT COORDINATOR
DEPUTY MANAGEMENT COORDINATOR
AND 911 COORDINATOR
TO THREE YEAR TERMS
WHEREAS, the Township
of Oxford in order to comply with New Jersey
Emergency Management Directive #102, directing a
minimum three-year appointment, at their Township
Meeting held on January 16, 2008, approved the
Mayor’s appointments to these offices, and
WHEREAS, Mayor Bonnie
Riley of the Township of Oxford, hereby appointed
Rick Calabrese to the position of Emergency
Management Coordinator for a period of three years
retroactive from January 1, 2007 through December
31, 2009, and
WHEREAS, Mayor Bonnie
Riley of the Township of Oxford, hereby appointed
Rick Calabrese to the position of 911 Coordinator
for a period of three years retroactive from January
1, 2007 through December 31, 2009, and
WHEREAS,
Mayor Bonnie Riley of the Township of Oxford hereby
appointed Bruce Doyle to the position of Deputy
Emergency Management Coordinator for a period of
three years retroactive from January 1, 2007 through
December 31, 2009
NOW, THEREFORE BE IT RESOLVED,
the appointment
of Rick Calabrese, Emergency Management Coordinator,
shall be subject to approval from the New Jersey
Office of Emergency Management and completion of
required Basic Training Courses within one year of
appointment.
On motion by Mr. Accetturo,
seconded by Mr. Bray and passed unanimously on roll
call vote to adopt
Resolution 2008-21.
ORDINANCE 2008-01
AN ORDINANCE TO INCREASE THE
LOCAL GOVERNMENT CAP LAW
NJS
40A:4-45.1 et seq TO THREE AND ONE-HALF PERCENT OVER
THE PREVIOUS YEAR’S FINAL APPROPRIATIONS
WHEREAS,
the Local Government Cap Law NJS 40A;4-45.1 et seq.,
provides that in the preparation of its annual
budget, a municipality shall limit any increase in
said budget to two and one-half percent (2.5%)
unless authorized by ordinance to increase it to
three and one-half percent (3.5%) over the previous
year’s appropriations, subject to certain
exceptions: and
WHEREAS,
NJSA 40A:4-45.15a
provides that a municipality may, when authorized by
ordinance, appropriate the difference between the
amount of its actual final appropriation and the
three and one-half (3.5%) percentage rate as an
exception to its final appropriations in either of
the next two succeeding years; and
WHEREAS, the Governing
Body of the Township of Oxford in the County of
Warren finds it advisable and necessary to increase
its 2008 budget by up to three and one-half (3.5%)
over the previous year’s final appropriations, in
the interest of promoting the health, safety and
welfare of the citizens; and
WHEREAS, the Governing
Body hereby determines that a three and one-half
percent (3.5%)increase in the budget for said year,
amounting to $17,763.28 in excess of the increase in
final appropriations otherwise permitted by the
Local Government Cap Law, is advisable and
necessary.
WHEREAS, the Governing
Body of the Township of Oxford hereby determines
that any amount authorized hereinabove that is not
appropriated, as part of the final budget shall be
retained as an exception to final appropriation in
either of the next two succeeding years.
NOW THEREFORE BE IT ORDAINED,
by the Governing Body of the Township of Oxford, in the County of Warren,
a majority of the full authorized membership of this
governing body affirmatively concurring that, in the
2008 budget year, the final appropriations of the
Township of Oxford shall, in accordance with the
ordinance and NJSA 40A:4-45.14 be increased by 3.5%,
amounting to $62,171.48 and that the 2008 municipal
budget for the Township of Oxford be approved and
adopted in accordance with this ordinance; and
BE IT FURTHER ORDAINED,
that any amount authorized hereinabove that is not appropriated as part of
the final budget shall be retained as an exception
to final appropriation in either of the next two
succeeding years; and,
BE IT FURTHER ORDAINED,
that a certified copy of this
ordinance as introduced be filed with the Director
of the Division of Local Government Services within
five (5) days of introduction; and
BE IT FURTHER ORDAINED,
that a certified copy of this ordinance upon adoption, with the recorded
vote included thereon, be filed with said Director
within five (5) days after such adoption.
NOTICE IS HEREBY GIVEN,
that the above entitled ordinance was approved on first reading at a
meeting of the Township Committee of the Township of
Oxford held on January 16, 2008 at the Oxford
Township Municipal Building at 11 Green Street,
Oxford, New Jersey.
Public Hearing concerning the same will be
held at a regular meeting of the Mayor and Committee
on February 20, 2008 at or near 6:00 PM at the
Oxford Township Municipal Building at which time all
persons both for and against shall be given the
opportunity to be heard concerning the same.
ORDINANCE 2008-01
Increase the Local Government
CAP Law NJS 40A:4-45.1 et seq to T ee and One-Half
Percent Over the Previous Year’s Final
Appropriations
was adopted on first reading, on motion by Mr.
Accetturo, seconded by Mr. Bray and passed
unanimously on roll call vote.
Mr. Lavery explained that he
received an e-mail from Ken Hall regarding the
Nextel Communications application to the Land Use
Board in regard to the cell phone tower that is on
the Township’s property.
Nextel is going to make some additional
antennas and modifications to the tower, which the
Committee can discuss further in Executive Session
under Contractual.
Mr. Lavery would like to show the Committee
the plans before authorizing the Mayor to sign off
on the consent form.
Mr. Lavery also stated that he
received a copy of a letter regarding Oxford Textile
Redevelopment from the DEP written by Lisa Jackson
advising that the department is unable to support
the Brownfield’s Development application at this
time.
Mr. Lavery
forwarded a copy of this letter
to Oxford Textile’s attorney.
Mr. Bray said that he meant with
Oxford Textile and their planner, Paul Drake.
Mr. Drake indicated that if the applicant
failed in their first year to be approved, the State
would work with that applicant to improve the
application and try to get approval in the second
year.
They also indicated that it would be beneficial to
the application if there were more than just one
site.
Mr. Bray stated that Oxtech would qualify for
brownsfields destination.
Basically it would provide state funding to
help reimburse the developer for any type of cleanup
costs that they may incur to bring the site up to
necessary standards for redevelopment or
development.
The standards are different depending on the
use-residential, commercial or industrial.
Mr. Accetturo said that the
Committee has received a copy of the Treatment Works
Application (TWA) from Hatch Mott McDonald,
engineers for PCFA.
This is the plan for the pretreatment
facility; part of requirement is that Oxford
Township must sign off within thirty days.
Anytime there is any type of flow into
township’s lines or plant, they need the Township to
sign a waiver.
Mr. Lavery will review and comment on this
application at the next Township meeting.
Mrs. Riley reviewed the bill for
Positive Promotion and stated that it should be
charged to Municipal Alliance-it is a “Drug Free”
sign that was ordered by the Oxford Township School.
She also said she called the insurance
company in reference to the “Carl Light” tree that
fell on Mine Hill Road and the Township paid to have
it removed.
Sharon Cooper of Brown and Brown Insurance
stated that the Township is not covered and will not
get reimbursed for the removal.
Mrs. Riley asked Mr. Lavery about
the JCP&L bill that was received by the Township for
previous years billing for street lighting.
Mr. Lavery will report on this at next
month’s meeting.
Mrs. Riley stated that Lou
Accetturo met with Nevitt Duveneck in regards to the
Mt. Pisgah project and it is already to go as soon
as the weather breaks in the spring.
The Township is going through the Morris
County CO-OP and using the employees to fix the
sewer drains will be the Township’s contribution
toward the pricing.
PUBLIC COMMENT
Scott Pohl, 111 Belvidere Avenue
asked the Committee for reimbursement for a sewer
back up into his basement on January 21, 2007.
Lou Accetturo helped him clean out his
basement and discarded all the ruined furniture.
Mr. Pohl and the Township’s insurance company
denied this claim.
On April 11, 2007, there was a second
incidence and a claim was filed which he received
$3,000 for the damage.
Mr. Pohl is asking for reimbursement from the
Township for the first back up on January 11, 2007.
Mr. Accetturo asked to see the
bills from Service-Pro and any additional bills for
the January 11, 2007 incident.
He stated after the Township Committee has a
chance to review these bills, a decision would be
made if he were entitled to a reimbursement.
Debbie Docker of Washington
Avenue stated she has received the survey on her
property and submitted it to Mr. Lavery for review.
Mr. Lavery will call Mrs. Docker’s attorney
and report back to the Committee at the next
Township meeting on February 20, 2008.
Otis Astle asked the Committee to
review the arsenic issue.
Mrs. Riley stated that she contacted NJDEP to
set up a town meeting with questions and answer
period for all residents.
NJDEP will call the Mayor to give dates when
they can set this up and the date will be advertised
in the “Riverbend” and posters will be distributed
through the Township.
Mr. Bray stated that the Township
will set up a free water testing for residents that
are on well water.
He stated that the cost to the Township would
be at least $3,000 at ten dollars a test for
approximately 300 residents plus postage fees.
The Township will send a letter to all
residents in the Township that have wells and have
not had their wells tested, stating the time and
place to pick up the well testing kits.
In order to qualify for the Spill Fund from
NJDEP the impacted well must be within 1000 feet of
four other impacted wells, thus there must be a
cluster of at least five impacted wells.
End of Public Comment at 7:30 PM.
Mr. Finelli said in regards to
the compost permit with Warren County and DEP, the
Township has agreed not to accept grass clippings
thus changing the complexion of the application, the
application has been have amended and resubmitted.
The Mt. Pisgah project has been
moving forward and will update monthly on the
progress.
Mr. Finelli stated that the
Township is in the position to submit the water main
extension application to NJ American Water Company
for the extension of Upper Denmark Road.
He said that allows them to excess the
feasibility and to start estimating some costs for
DEP to do their analysis on the POET system viruses
the water main extension and to determine what
funding will be made available.
Mr. Finelli gave a summary of the
Oxford Lake Furnace Dam.
The dam is located at the Oxford Furnace Lake
and is classified in terms of risk as high
risk-Class One, Earthen Dam.
Mr. Finelli to do an Operation and
Maintenance Plan that is required for all dams and
submit to NJDEP, Dam Safety Section by the deadline
of January 31, 2008.
Mr. Finelli stated that the
Oxford Day Care Center posted a cash bond last year
in the amount of $7,000, for a couple of
improvements that was not completed-evergreen trees
needed to be planned, signs had to relocated and the
primary component was the COAH obligation.
Mr. Elbassiony has asked for a refund.
Mr. Finelli asked the Committee if he should
work with Mr. Lavery to determine what the amount
would be since it was one lump sum for COAH and the
improvements.
Mr. Bray asked Mr. Lavery if the
Township can hold the refund if this property owner
owes a lot of money in taxes and sewers totally over
$29,000-he would get his refund when we receive the
overdue money?
Mr. Lavery stated that he would
check into this but he did not think this could be
done; the bonds are strictly construed and can only
take the money for the purpose it was bonded for.
Mr. Lavery will research the issue of the
refund virus the tax delinquency and will submit
figures to the Township in writing at the next
Township meeting.
Lt. Charles Lilly wrote a letter
to the Committee in reference to concerns over
maintenance and road conditions on the access road
to Covanta Energy and Tilcon Quarry.
He stated in the letter that there has
several accidents involving both heavy trucks and
conventional motor vehicle traffic for which the
Oxford Township Police, Fire and EMS have been
responsible for responding to.
Mr. Accetturo stated that when it snows or
there is ice, the road is in very poor condition
especially on the weekends.
Mr. Lavery will review the
Covanta agreement and see what their responsibility
on the roadway and report back at the next Township
Committee meeting.
Mr. Bray announced that he is the
liaison between the Township Committee and Oxford
Textile and will meet with the Oxford Textile
Committee on Monday at 4:00 PM at January 21, 2008.
On motion by Mr. Accetturo,
seconded by Mrs. Riley and passed unanimously on
roll call vote to pay the following bills;
Positive Promotions
$
67.90
Laddey, Clark & Ryan
260.00
Finelli Consulting
24.38
Finelli Consulting
323.13
Finelli Consulting
256.88
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.
The public shall be excluded from
the discussion of any action upon the
hereinafter-specific subject matter.
The general nature of the subject
matter to be discussed is: potential litigation,
(Scott Pohl), pending litigation, (Corson Tax
appeal), contractual matter, (Nextel Application)
and an attorney-client privilege matter dealing with
a letter to residents regarding well testing.
Also discussed were the access road-Jensen
Drive and the salary for a crossing guard.
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. Accetturo,
seconded by Mrs. Riley and passed unanimously on
roll call vote to enter into Executive Session at
8:50 PM.
At 10:13 PM, the Committee
returned to open session.
No official action was taken.
Mr. Accetturo, seconded by Mrs.
Riley and passed unanimously on roll call vote have
Scott Pohl sign a general release and the
Township will reimburse him for the sewer back up on
January 11, 2007 to his property at 111 Belvidere
Avenue in the amount of $1,400.00.
On motion by Mr. Bray, seconded
by Mr. Accetturo and passed unanimously on roll call
vote to authorize the Mayor to contact Brown & Brown
Insurance to discuss options of insurance coverage
for sewer backup through private property from the
public main.
On motion by Mr. Bray, seconded
by Mr. Accetturo and passed unanimously on roll call
vote to authorize the Mayor to sign the Nextel
application replacing three antennas on the existing
tower.
On motion by Mr. Accetturo,
seconded by Mr. Bray authorizing Mr. Bray and Mr.
Lavery to compile a letter and sending it out to all
residents that have wells in the Township notifying
them to pick up a water testing kit at the Municipal
Building. Mrs. Riley voted No.
On motion by Mr. Accetturo,
seconded by Mrs. Riley to authorize the Mayor to
sign the application to SWAC for the compost
facility at Oram’s lanes stating that grass
clippings will not be accepted.
Mr. Bray abstained.
Mrs. Riley read an e-mail from
Sharon Copper of Brown and Brown asking if the
Township would like to increase their MEL coverage
to ten million dollars from five million with a cost
increase of
$4, 697.00.
This will be put in the budget packet and
discussed at the budget meeting on February 7, 2008
at 6:00 PM.
On motion by Mr. Accetturo,
seconded by Mr. Bray to hire Billiemarie Tate as
Oxford Township’s crossing guard.
The meeting was adjourned at
10:45 on motion by Mr. Accetturo, seconded by Mr.
Bray and passed unanimously on roll call vote.
_____________________________
Sheila L. Oberly, RM
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