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TOWNSHIP
MINUTES
JUNE
18, 2008
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TOWNSHIP MEETING
JUNE 18, 2008
The regular scheduled meeting of the Mayor and
Committee of the Township of Oxford was held on June
18, 2008 in the Township Municipal Building, 11
Green Street, Oxford, New Jersey.
Deputy Mayor N. Angelo Accetturo announced that the
meeting had been properly advertised in compliance
with the OPMA of 1975 and called the meeting to
order at 6:20 PM.
In attendance were N. Angelo Accetturo, William
Bray, Michael Lavery, Michael Finelli, and Sheila L.
Oberly. Mayor Bonnie Riley arrived at 7:05 PM.
Everyone stood and recited the flag salute.
Mr. Accetturo stated that the tax, sewer, and
treasurer’s reports for May 2008 are available to
the public in the back of the room.
Ordinance 2008-05 Amend Oxford Textile Redevelopment
Plan-Second Reading, Public Hearing. Mr. Accetturo
opened the meeting to public comments and Mr. Bray
seconded. Mr. Accetturo explained that the amendment
changed the type of units not the total. Mr.
Guariello stated that at the request of the Township
and the Oxford School Board, single-family homes
were reduced by 40 units and the senior housing were
increased to 325 from 285 units.
The public comment period was closed.
On motion by Mr. Bray and seconded by Mr. Accetturo
to adopt Ordinance 2008-05.
Ordinance 2008-07 Amend, Revise and Supplement
Chapter 53 “Excavations,” Section 14, “Exceptions”
of the Code of the Township of Oxford to Add an
Exception for Water Tap Construction Related to
Arsenic Contamination was tabled until Mayor Riley
ins in attendance.
Ordinance 2008-08 Recycling was tabled until the
Township meeting on July 16, 2008.
Resolution 2008-50 Adjust 1st and 2nd Quarter
Taxes-Block 6, Lot 4 &4.01- tabled until the
Township meeting on July 16, 2008.
RESOLUTION 2008-53
APPLY FOR A COUNT GRANT
WHEREAS, the members of the Warren-Morris Council of
Governments - the Township of Allamuchy, Town of
Belvidere, Township of Bethlehem, Township of
Greenwich, Township of Hardwick, Town of
Hackettstown, Township of Independence, Township of
Knowlton, Township of Mansfield, Township of Mount
Olive, Township of Oxford, Borough of Washington,
Township of Washington (Morris), Township of
Washington (Warren) and Township of White - have
agreed to apply for a COUNT Grant through the State
of New Jersey Local SHARE Program in the amount of
$300,000.00; and,
WHEREAS, the Warren-Morris Council of Governments
has agreed to be the lead agency in this endeavor;
and
WHEREAS, the State of New Jersey has made SHARE
grants available to assist local units study,
develop and implement new shared and regional
services; and
WHEREAS, the purpose of this grant is to coordinate
shared services through the Warren-Morris Council of
Governments as well as between our local units as
well as through the Warren-Morris Council of
Governments;
NOW, THEREFORE, BE IT RESOLVED by the Governing Body
of the Township of Oxford that the Township of
Oxford does hereby join with the Township of
Allamuchy, Town of Belvidere, Township of Bethlehem,
Township of Greenwich, Township of Hardwick, Town of
Hackettstown, Township of Independence, Township of
Knowlton, Township of Mount Olive, Township of
Mansfield, Borough of Washington, Township of
Washington (Morris), Township of Washington (Warren)
and Township of White in applying for a grant for
the purposes of shared service coordination
including but not limited coordination of meetings
of member municipalities, shared service
subcommittees, meetings with liaisons and other
staff, meetings between municipalities and school
representatives; maintaining records of the
aforementioned and the members’ website; conducting
shared service surveys; corresponding on behalf of
the membership and writing Requests for Proposals
for joint purchases on a regular basis as well as
conducting feasibility studies and writing shared
service grant applications with the approval of 60%
of the membership; and
BE IT FURTHER RESOLVED, that the COUNT grant does
not require any matching funds.
On motion by Mr. Accetturo and seconded by Mr. Bray
to adopt Resolution 2008-53 Apply for a COUNT Grant.
RESOLUTION 2008-54
RESOLUTION AUTHORIZING A FIREWORKS
DISPLAY ON AUGUST 09, 2008
WHEREAS, the Oxford Township Summer Festival has
requested permission to hold a fireworks display to
celebrate the festival. The display will be held at
the Oxford Textile field on August 09, 2008, (Rain
date August 10, 2008) at approximately 9:30 PM.
NOW THEREFORE, BE IT RESOLVED that the Oxford
Township Committee does hereby authorize a fireworks
display with the following condition:
1. Approval of the event by the property owner
2. All required forms and applications are complete
as per New Jersey Statute N.J.S.A. 21:3-5
3. All requirements are met as per Bulletin MEL
07-23
On motion by Mr. Accetturo and seconded by Mr. Bray
to adopt Resolution 2008-54 Authorizing Fireworks
for August 9, 2008.
RESOLUTION
2008-55
RESOLUTION OF THE TOWNSHIP COMMITTEE OF
THE TOWNSHIP OF OXFORD APPROVING LIQUOR
LICENSES FOR THE PERIOD OF JULY 1, 2008 TO
JUNE 30, 2009 FOR THE FOLLOWING LICENSES
WHEREAS, the liquor licenses noted below require
approval for the period July 1, 2008 to June 30,
2009.
NOW, THEREFORE, BE IT RESOLVED by the Township
Committee of the Township of Oxford that the
following liquor licenses be and hereby are approved
for the period July 1, 2008 to June 30, 2009.
Type of
License No. Licenses Licenses
2117-33-001-006 Oxford Pasta Grill, LLC Plenary
Retail
Consumption
2117-33-002-006 Top of the Green, Inc. Plenary
Retail
Consumption
2117-33-005-008 Furnace Pizza Pub, LLC. Plenary
Retail
Consumption
2117-44-004-005 Oxford Liquor and Wine LLC. Plenary
Retail Distribution
2117-33-003-004 *Kathryn Occhipinti Plenary Retail
Consumption
* Note: This license is inactive as of April 1,
2006. This license has a special ruling from The
Division of Alcohol Beverage Control to be renewed.
On motion by Mr. Accetturo and seconded by Mr. Bray
to adopt Resolution 2008-55 Liquor License Renewal.
Resolution 2008-56 Amending Personnel Policies and
Procedures Manual was tabled until Mr. Bray could
review.
RESOLUTION 2008-57
TOWNSHIP OF OXFORD
2008 MUNICIPAL BUDGET AMENDMENT
WHEREAS, the local municipal budget for the year
2008 was approved on the 19th day of March, 2008 and
WHEREAS, the public hearing on said budget has been
held as advertised, and
THEREFORE BE IT RESOLVED, by the Governing Body of
the Township of Oxford, County of Warren that the
following amendments to the approved budget of 2008
are made:
Recorded vote Ayes Nays Abstained Absent
Bonnie Riley X
N. Angelo Accetturo X
William Bray X
See amendment in 2008 Resolution Book in Clerk’s
Office.
On motion by Mr. Bray and seconded by Mr. Accetturo
to adopt Resolution 2008-57 2008 Municipal Budget
Amendment.
RESOLUTION 2008-58
WHEREAS, NJSA 40A:4-78b has authorized the Local
Finance Board to adopt rules that permit
municipalities in sound fiscal condition to assume
the responsibility, normally granted to the Director
of the Division of Local Government Services, of
conducting the annual budget examination, and
WHEREAS, NJAC 5:30-7 was adopted by the Local
Finance Board on February 11, 1997 and,
WHEREAS, pursuant to NJAC 5:30-7.2 thru 7.5 the
Township of Oxford has been declared eligible to
participate in the program by the Division of Local
Government Services, and the Chief Financial has
determined that the Township meets the necessary
conditions to participate in the program for the
2008 budget year so now therefore,
BE IT RESOLVED, by the Township Committee of the
Township of Oxford that the in accordance with NJAC
5:307.6a & b and based upon the Chief Financial
Officers certification. The governing body has found
the budget has met the following requirements:
1. That with reference to the following items, the
amounts have been calculated pursuant to law and
appropriated as such in the budget:
a. Payment of interest and debt redemption charges
b. Deferred charges and statutory expenditures
c. Cash deficit of preceding year
d. Reserve for uncollected taxes
e. Other reserves and non-disbursement items
f. Any inclusions of amounts required for school
purposes
2. That the provisions relating to limitation on
increases of appropriations pursuant to NJSA
40A:4-45.2 and appropriations for exceptions to
limits on appropriations found at 40A:4-45.3 et seq.
are fully met (Complies with the “CAP” law).
3. That the budget is in such form, arrangement and
content as required by the Local Budget Law and NJAC
5:30-4 and 5:30-5.
4. That pursuant to the Local Budget Law:
a. All estimates of revenue are reasonable, accurate
and correctly stated.
b. Items of appropriation are properly set forth
c. In itemization, form, arrangement, and content
the budget will permit the exercise of the
comptroller function within the municipality.
5. The budget and associated amendments have been
introduced, publicly advertised, and adopted in
accordance with the relevant provisions of the Local
Budget Law, except that failure to meet the
deadlines of NJSA 40A:4-5 shall not prevent such
certification.
6. That all other applicable statutory requirements
have been filled.
BE IT FURTHER RESOLVED, that a copy of this
resolution be forwarded to the Director of the
Division of Local Government Services.
On motion by Mr. Bray and seconded by Mr. Accetturo
to adopt Resolution 2008-58 2008 Municipal Budget
Amendment.
Resolution 2008-59Adoption of 2008 Budget was
delayed until Mayor Riley is in attendance.
Resolution 2008-60 Waiving Sewer Charges for 153
Belvidere Avenue and Resolution 2008-61 Sewer
Charges for 349 Route 31 were tabled until July 16,
2008.
Mr. Accetturo stated that the Committee received a
letter from the Oxford Township Summer Festival
Committee asking permission for the third annual
summer festival on August 9th from 11:00 AM to 9:00
PM, fireworks at dusk and with August 10th as a rain
date. They also requested police coverage from 11:00
AM to 10:00 PM and the closing of Wall Street to
traffic from Lower Denmark Road to Green Street.
On motion by Mr. Accetturo and seconded by Mr. Bray
to approve the third annual summer festival and
police coverage for the hours requested.
Mr. Accetturo stated that the Committee received a
letter from Don Niece stating that he is resigning
from being the Oxford PRMUA representative. Mr. Bray
suggested that he would contact Jean Paul to put a
form on the Oxford Township website for any resident
to complete who is interested in the position. The
Township Committee will review the forms submitted
and recommend to the Warren County Freeholders a
candidate for the position.
RESOLUTION 2008-59
BE IT RESOLVED by the Governing Body of the Township
of Oxford, County of Warren that the budget
hereinbefore set forth is hereby adopted and shall
constitute an appropriation for the purposes stated
of the sums therein set forth as appropriations, and
authorization of the amount of:
SEE RESOLUTION 2008-59 in 2008 RESOLUTION BOOK
On motion by Mr. Bray, seconded by Mrs. Riley and
passed unanimously on roll call vote to adopt
Resolution 2008-59 Adoption of the 2008 Budget.
On motion by Mr. Bray, seconded by Mrs. Riley and
passed unanimously on roll call vote to authorize
the Tax Collector to mail out estimated tax bills
immediately.
ORDINANCE 2008-07
ORDINANCE OF THE TOWNSHIP OF OXFORD, COUNTY OF
WARREN, STATE OF NEW JERSEY TO AMEND, REVISE AND
SUPPLEMENT CHAPTER 53, “EXCAVATIONS,” SECTION 14,
“EXCEPTIONS” OF THE CODE OF THE TOWNSHIP OF OXFORD
TO ADD AN EXCEPTION FOR WATER TAP CONSTRUCTION
RELATED TO ARSENIC CONTAMINATION.
WHEREAS, the Committee of the Township of Oxford,
County of Warren, State of New Jersey, has
determined that Chapter 53, “Excavations,” Section
14 of the Code of the Township of Oxford shall be
amended, revised and supplemented to add an
exception for water tap construction related to
arsenic contamination.
NOW, THEREFORE, BE IT ORDAINED by the Committee of
the Township of Oxford, County of Warren, State of
New Jersey that Chapter 53, “Excavations,” Section
14, “Exceptions,” of the Code of the Township of
Oxford shall be amended, revised and supplemented as
followings:
Section 1
§53-14. Exceptions.
a. The Township Engineer shall have the power to
grant such exceptions from the requirements of this
chapter as may be reasonable if the literal
enforcement of one (1) or more provisions of this
chapter is impracticable, unnecessary given the
scope and nature of the proposed activity or will
extract undue hardship.
b. All fees and escrow requirements may be waived by
the Township Committee for water tap construction
for any property whose arsenic levels exceed the
State-approved standard. This section of the
Ordinance shall expire on June 30, 2009 unless
otherwise extended by the Township Committee.
Section 2:
Severability. The various parts, sections and
clauses of this Ordinance are hereby declared to be
severable. If any part, sentence, paragraph, section
or clause is adjudged unconstitutional or invalid by
a court of competent jurisdiction, the remainder off
this Ordinance shall not be affected thereby.
Section 3:
Repealer. Any
ordinances or parts thereof in conflict with the
provisions of this Ordinance are hereby repealed as
to their inconsistencies only.
Section 4:
Effective Date. This Ordinance shall take effect
upon final passage and publication as provided by
law.
On motion by Mr. Accetturo and seconded by Mrs.
Riley to introduce, on first reading, Ordinance
2008-07 Amend, Revise and Supplement Chapter 53
“Excavations,” Section 14, “Exceptions” of the Code
of the Township of Oxford to Add an Exception for
Water Tap Construction Related to Arsenic
Contamination. Mr. Bray abstained.
On motion by Mr. Bray and seconded by Mrs. Riley to
rescind Resolution 2008-55 Liquor License Renewal
for the Period of July 1, 2008 to June 30, 2009. Mr.
Accetturo abstained.
RESOLUTION
2008-55
RESOLUTION OF THE TOWNSHIP COMMITTEE OF
THE TOWNSHIP OF OXFORD APPROVING LIQUOR
LICENSES FOR THE PERIOD OF JULY 1, 2008 TO
JUNE 30, 2009 FOR THE FOLLOWING LICENSES
WHEREAS, the liquor licenses noted below require
approval for the period July 1, 2008 to June 30,
2009.
NOW, THEREFORE, BE IT RESOLVED by the Township
Committee of the Township of Oxford that the
following liquor licenses be and hereby are approved
for the period July 1, 2008 to June 30, 2009.
Type of
License No. Licenses Licenses
2117-33-001-006 Oxford Pasta Grill, LLC Plenary
Retail
Consumption
2117-33-002-006 Top of the Green, Inc. Plenary
Retail
Consumption
2117-33-005-008 Furnace Pizza Pub, LLC. Plenary
Retail
Consumption
2117-44-004-005 Oxford Liquor and Wine LLC. Plenary
Retail Distribution
2117-33-003-004 *Kathryn Occhipinti Plenary Retail
Consumption
* Note: This license is inactive as of April 1,
2006. This license has a special ruling from The
Division of Alcohol Beverage Control to be renewed.
On motion by Mr. Bray and seconded by Mrs. Riley to
approve Resolution 2008-55 Liquor License Renewal
for the Period of July 1, 2008 to June 30, 2009. Mr.
Accetturo abstained.
On motion by Mr. Accetturo and seconded by Mrs.
Riley and approve the meeting minutes of May 6th,
May 20th, and May 21st, 2008.
Mr. Bray discussed Block 6, Lot 4 & 4.01, The
Daycare Center and Oxford Pizza Pub on Wall Street
in regard to the tax abatement owed to Samir
Elbassionary. Mr. Bray stated that Mr. Elbassionary
is asking for a refund of taxes that he states was
wrongfully billed to him. Mr. Bray agreed that there
is a portion of money due to him because his
property does qualify for abatement. However Mr.
Bray stated that his position that the abatement it
qualifies for, which is set forth by Oxford
Township’s Ordinance, is simply an adoption of the
state statue. This statue states that it is a flat
thirty percent reduction on renovated property of
the assessed value, for five years. Mr. Elbassionary
disagrees that his property is new construction and
he should be entitled to a five year abatement based
on: first year added value not taxed at all, second
year taxed at twenty percent of the value, third
year forty percent, fourth year sixty, fifty, fifth
year eighty percent and after the five years, taxed
at full assessed value.
Mr. Motyka, Tax Assessor said that he would leave
the decision for the interpretation of the Ordinance
to the Committee since he was not employed by Oxford
Township at the time this Ordinance was adopted.
On motion by Mr. Bray, seconded by Mr. Accetturo and
passed unanimously on roll call vote to table
Resolution 2008-50Adjust 1st and 2nd Quarter Taxes
Block 6, Lot 4 & 4.01.
RESOLUTION 2008-56
AMENDING PERSONNEL POLICIES
AND PROCEDURES MANUAL
WHEREAS, it is the policy of the Township of Oxford
to treat employees and prospective employees in a
manner consistent with all applicable employment
laws and regulations including, but not limited to
Title VII of the Civil Rights Act of 1964, as
amended by the Equal Opportunity Act of 1972, the
Age Discrimination in Employment Act, the Equal Pay
for Equal Work Act, the Fair Labor Standards Act,
the New Jersey Law Against Discrimination, the
Americans with Disabilities Act, the Family and
Medical Leave Act, the Conscientious Employee
Protection Act, the Public Employee Occupational
Safety and Health Act, (the New Jersey Civil Service
Act,) (the New Jersey Attorney General’s guidelines
with respect to Police Department personnel
matters,) the New Jersey Workers Compensation Act,
the Federal Consolidated Omnibus Budget
Reconciliation Act (COBRA) and the Open Public
Meeting Act; and
WHEREAS, the Township Committee of the Township of
Oxford has determined that there is a need for
personnel policies and procedures to ensure that
employees and prospective employees are treated in a
manner consistent with these laws and regulations.
NOW, THEREBY, BE IT RESOLVED by the Township of
Oxford that the Personnel Policies and Procedures
Manual previously adopted by the Township of Oxford
is hereby amended and adopted in the form attached.
BE IT FURTHER RESOLVED that these personnel policies
and procedures shall apply to all Township
officials, appointees, employees, volunteers and
independent contractors. In the event there is a
conflict between these rules and any collective
bargaining agreement, personnel services contract or
Federal or State law, the terms and conditions of
that contract or law shall prevail. In all other
cases, these policies and procedures shall prevail.
BE IT FURTHER RESOLVED that this manual is intended
to provide guidelines covering public service by
Township employees and is not a contract. The
provisions of this manual may be amended and
supplemented from time to time without notice and at
the sole discretion of the Township Committee of the
Township of Oxford.
BE IT FURTHER RESOLVED that to the maximum extent
permitted by law, employment practices for the
Township shall operate under the legal doctrine
known, as “employment at will.”
BE IT FURTHER RESOLVED that the Township Clerk and
all managerial/supervisory personnel are responsible
for these employment practices. The Township
Attorney shall assist the Township Clerk in the
implementation of the policies and procedures in
this manual.
On motion by Mr. Accetturo, seconded by Mr. Bray and
passed unanimously on roll call vote to adopt
Resolution 2008-56 Amending Personnel Policies and
Procedures.
Resolutions waiving sewer charges for 153 Belvidere
Avenue and 349, Route 31 was tabled until Ordinance
2008-09 is introduced at the next Township meeting.
Mr. Bray will write a letter to Warren County
Freeholders Board asking for more representation
from Oxford Township is permitted to be appointed to
the Warren County Pequest River Municipal Utility
Authority. He will copy the Committee on the letter
that he submits.
ENGINEERS REPORT
Mr. Finelli stated that he submitted electronically
the New Jersey Department of Transportation
application. He also stated that he has been
coordinating with the NJDEP and Lou Accetturo, DPW
Supervisor on the storm water management permit.
Mr. Finelli and Mr. Lavery discussed the Maser
proposal and contract received from Robert Zelley of
Maser. .
On motion by Mr. Bray, seconded by Mr. Accetturo and
passed unanimously on roll call vote to give
authorization to Mr. Lavery to write to Maser,
asking what “out of pocket expenses” would total and
report to the Committee at the Township meeting on
July 16, 2008. Also, at that time, the Committee
will review the contract from Maser.
ATTORNEY’S REPORT
Mr. Lavery stated that the Mayor wrote a letter to
DCA in reference to the OxWall property. Their
response was the site is reasonably secure from
unauthorized entry, and the DCA does not have a
problem with this property. They suggested that the
Township should reach out to other state agencies.
Mr. Lavery discussed the conversation he had with
Mr. Ours, Mrs. Docker’s attorney in reference to her
request on purchasing a small piece of the
Township’s property. He talked to Mrs. Docker about
a land swap. A lot line adjustment would have to be
made and Mr. Ours stated by his rough calculations;
the Township would be receiving more property. Mrs.
Docker did not a problem with that. Mr. Lavery said
that the property would have to be surveyed before
the Committee can take action.
Mr. Bray said that he talked to Charles Herring from
DCA and when Mr. Herring looked at the site, he was
interpreting solely through the uniform construction
code and based on the construction code, there is
nothing they do to correct the situation. Mr. Bray
brought to his attention to the state code (NJAC)
that clearly indicates there are things that can be
done. Mr. Herring will revisit the issue based on
the state code Mr. Bray stated to him.
Mr. Bray discussed a town-wide ordinance that the
Township could adopt to take action against property
owners that have buildings or properties unfit for
human habitation.
On motion by Mrs. Riley and seconded by Mr. Bray to
authorize Mr. Lavery to review this ordinance and
report back for review by the Committee at the next
Township meeting. Mr. Accetturo abstained.
Mr. Bray stated that he spoke with the Board of
Public Utilities and Oxford is not a Smart Growth
Area.
On motion by Mr. Accetturo, seconded by Mr. Bray and
passed unanimously on roll call vote to authorize
Mr. Bray to work with Mr. Finelli and Mr. Lavery on
a waiver of the Smart Growth fee to residents
connecting to public water and to have the Township
apply for the Spill Fund.
PUBLIC COMMENT
Mayor Riley stated that that someone turned off the
main breaker on the electric pole at the ball field
by Cambridge East. She stated that she just stocked
the refrigerator with food and all the food had to
be discarded. Mr. Bray said he received a compliant
from a resident saying the lights were on, and he
went and turned the breaker off. Mrs. Riley asked
him for restitution for the food that perished. Mr.
Bray said he would pay for all damages. Mrs. Riley
will send him a bill from the Oxford Youth
Association for the food that was spoiled.
Patrolman Chris Malcolm discussed with the Committee
setting up a rifle range on Township property for
use by the Oxford Police officers so they can
qualify for rifle shooting. He asked if the
Committee would authorize the Oram’s Lane or the
Coachlite property for rifle practice.
On motion by Mr. Accetturo, seconded by Mr. Bray and
passed unanimously on roll call vote to authorize
the Oxford Police Department to hold practice for
rifle qualifications. The police department and Mr.
Bray will reach out to residents to get their
opinion what days or hours are more convenient for
them.
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 (Oxwall), potential
litigation (Corson Tax Appeal) and a personnel
matter.
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. Bray, seconded by Mrs. Riley and
passed unanimously on roll call vote to enter into
Executive session at 9:30 PM
Entered into open session at 10:40 PM on motion by
Mr. Accetturo and seconded by Mrs., Riley. No
Official Action was taken.
On motion by Mr. Bray and seconded by Mr. Bray to
authorize Mr. Lavery to write a letter to Mr. Jay
Delaney outlining what was discussed in Executive
Session. Mr. Accetturo abstained.
On motion by Mr. Accetturo, seconded by Mr. Bray and
passed unanimously on roll call vote to pay the
bills that is listed on the Bill List. No bills were
held.
On motion by Mrs. Riley, seconded by Mr. Bray to
adjourn the meeting at 10:45 PM.
______________________
Sheila L. Oberly, RMC |
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