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TOWNSHIP
MINUTES
AUGUST 20, 2008
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TOWNSHIP MEETING
AUGUST 20, 2008
The regular scheduled meeting of the Mayor and
Committee of the Township of Oxford was held on
August 20, 2008 in the Township Municipal Building,
11 Green Street, Oxford, New Jersey.
Mayor Bonnie Riley announced that the meeting had
been properly advertised in compliance with the OPMA
of 1975 and called the meeting to order at 6:05 PM.
In attendance were Bonnie Riley, N. Angelo Accetturo,
William Bray, Michael Lavery Michael Finelli, and
Sheila L. Oberly.
Everyone stood and recited the flag salute.
Mrs. Riley stated that the tax, and sewer reports
for July 2008 are available to the public in the
back of the room.
Mr. Colantano explained the audit report and
answered questions from the Committee in reference
to the paperwork he distributed for the 2007 audit.
Mrs. Riley asked him to be more specific on some of
the recommendations made on the audit that were a
little vague, so this could be corrected for the
year 2008. The Township will start to compile a
fixed asset ledger.
Dawn Stanchina, CFO suggested that the Committee
pass a resolution for an emergency appropriation to
pay for gasoline and street lighting. At this time,
there are bills that if paid will overspend these
line items.
Mr. Bray had a complaint from a resident, about a
sewer back up on Buckley Avenue. Mrs. Riley stated
that the Township is waiting for a bid from Art
Groves, Environmental Services to fix the problem.
Mrs. Riley said that she would have the status of
this situation at the next Township meeting.
On motion by Mr. Bray and seconded by Mrs. Riley to
approve the meeting minutes of July 1st and July
16th, 2008. Mr. Accetturo abstained.
On motion by Mr. Accetturo, seconded by Mr. Bray and
passed unanimously on roll call vote to open the
meeting to public comment.
PUBLIC COMMENT
Mr. Accetturo stated that Mr. Bray, as police
director was authorized to gather all the
information of all the options that are available to
Oxford Township for police coverage at a cost
effective price. The Committee has not made any
decisions on any changes or additions to the Oxford
Police Department. Mr. Bray stated that he does not
want to see state police come into Oxford and be our
police department. Mr. Bray discussed possibly a
merger with the Town of Belvidere, Mansfield
Township, Washington Borough, Washington Township,
Knowlton Township, White Township or Liberty
Township. He said he has spoke informally with White
Township, Belvidere, Mansfield Township and
Washington Township, just as a FYI conversation.
Lt. Lilly suggested a twenty-four hour police
department, thus having control on all over-time
hours.
Loraine May asked about a mutual aid or an on-call
department.
Mr. Bray said every option will be put on the table
and everything will be studied for the Committee to
make a decision by December 15th, the deadline for
payment to the State of New Jersey for State Police
coverage.
Mrs. Riley said that other municipalities asked the
Treasurer’s office what services does this bill
include. She read a letter from the Treasurer of the
State of New Jersey, stating that in their opinion
the municipality has no right to require the State
Treasurer or the Division of the State Police to
provide details of policing services prior to
entering into a cost-sharing agreement. There are 89
towns that are affected by state police billing.
On motion by Mrs. Riley, seconded by Mr. Bray and
passed unanimously on roll call vote to return to
normal session.
Ordinance 2008-08 Recycling-first reading was tabled
until September 2, 2008.
ORDINANCE 2008-09
ORDINANCE OF THE TOWNSHIP OF OXFORD, COUNTY OF
WARREN, STATE OF NEW JERSEY TO AMEND, REVISE AND
SUPPLEMENT CHAPTER 77A, “SEWERS” SECTION 17, “ANNUAL
USER FEE” OF THE CODE OF THE TOWNSHIP OF OXFORD TO
ADD AN EXCEPTION FROM SEWER CHARGES FOR
UNINHABITABLE PROPERTIES.
WHEREAS, the Committee of the Township of Oxford,
County of Warren, State of New Jersey, has
determined that Chapter 77A, “Sewers,” Section 17,
Annual user fee,” of the Code of the Township of
Oxford shall be amended, revised and supplemented to
add an exception from sewer charges for
uninhabitable properties.
NOW, THEREFORE, BE IT ORDAINED by the Committee of
the Township of Oxford, County of Warren, State of
New Jersey that Chapter 77A, “Sewers,” Section 17,
“Annual user fee,” of the Code of the Township of
Oxford shall be amended, revised and supplemented as
followings:
Section 1:
§77A-17. Annual user fee.
E. The Township Committee may waive the annual sewer
fee charges for uninhabitable properties or upon a
showing of an exceptional hardship. A determination
of whether a specific property is uninhabitable or
the property owner suffers from an exceptional
hardship shall be determined by the Township
Committee. The waiver shall not include the
contribution to capital improvements as calculated
by the authority on a yearly basis.
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 of
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.
NOTICE
NOTICE is hereby given that the foregoing Ordinance
was introduced to pass on first reading at a regular
meeting of the Committee of the Township of Oxford
held on August 20, 2008, and ordered published in
accordance with the law. Said Ordinance will be
considered for final reading and adoption at a
regular meeting of the Township Committee to be held
on September 17, 2008 at 6:00 PM. or as soon
thereafter as the Township Committee may hear this
Ordinance at the Municipal Building, 11 Green
Street, Oxford, New Jersey, at which time all
persons interested may appear for or against the
passage of said Ordinance.
On motion by Mr. Bray, seconded by Mr. Accetturo and
passed unanimously on roll call vote to introduce on
first reading Ordinance 2008-09 Amend, Revise, and
Supplement Chapter 77 A, “Sewers” Section 17,
“Annual User Fee” of the Code of the Township of
Oxford to add an Exception from Sewer Charges for
Uninhabitable Properties.
ORDINANCE 2008-11
AN ORDINANCE OF THE TOWNSHIP OF OXFORD, COUNTY OF
WARREN, STATE OF NEW JERSEY, TO CREATE THE POSITION
OF MUNICIPAL HOUSING LIAISON FOR THE PURPOSE OF
ADMINISTERING OXFORD TOWNSHIP’S AFFORDABLE HOUSING
PROGRAM PURSUANT TO THE FAIR HOUSING ACT.
BE IT ORDAINED by the Township Committee of the
Township of Oxford, County of Warren, State of New
Jersey, that the following amendments be made to
Chapter 100 of the Oxford Township Code:
Section 1. Purpose.
The purpose of this article is to create the
administrative mechanisms needed for the execution
of Oxford Township’s responsibility to assist in the
provision of affordable housing pursuant to the Fair
Housing Act of 1985.
Section 2. Definitions.
As used in this article, the following terms shall
have the meanings indicated:
MUNICIPAL HOUSING LIAISON – The employee charged by
the governing body with the responsibility for
oversight and administration of the affordable
housing program for Oxford Township.
ADMINISTRATIVE AGENT – The entity responsible for
administering the affordability controls of some or
all units in the affordable housing program for
Oxford Township to ensure that the restricted units
under administration are affirmatively marketed and
sold or rented, as applicable, only to low- and
moderate-income households.
Section 3. Establishment of Municipal Housing
Liaison position and compensation; powers and
duties.
A. Establishment of position of Municipal Housing
Liaison. There is hereby established the position of
Municipal Housing Liaison for Oxford Township.
B. Subject to the approval of the Council on
Affordable Housing (COAH), the Municipal Housing
Liaison shall be appointed by the Governing Body and
may be a full or part time municipal employee.
C. The Municipal Housing Liaison shall be
responsible for oversight and administration of the
affordable housing program for Oxford Township,
including the following responsibilities which may
not be contracted out, exclusive of item 6 which may
be contracted out:
(1) Serving as Oxford Township’s primary point of
contact for all inquiries from the State, affordable
housing providers, Administrative Agents, and
interested households;
(2) Monitoring the status of all restricted units in
Oxford Township’s Fair Share Plan;
(3) Compiling, verifying, and submitting annual
reports as required by COAH;
(4) Coordinating meetings with affordable housing
providers and Administrative Agents, as applicable;
(5) Attending continuing education opportunities on
affordability controls, compliance monitoring, and
affirmative marketing as offered or approved by
COAH;
(6) If applicable, serving as the Administrative
Agent for some or all of the restricted units in
Oxford Township as described in F. below.
D. Subject to approval by COAH, Oxford Township may
contract with or authorize a consultant, authority,
government or any agency charged by the Governing
Body, which entity shall have the responsibility of
administering the affordable housing program of
Oxford Township, except for those responsibilities
which may not be contracted out pursuant to
subsection C above. If Oxford Township contracts
with another entity to administer all or any part of
the affordable housing program, including the
affordability controls and Affirmative Marketing
Plan, the Municipal Housing Liaison shall supervise
the contracting Administrative Agent.
E. Compensation. Compensation shall be fixed by the
Governing Body at the time of the appointment of the
Municipal Housing Liaison.
F. Administrative powers and duties assigned to the
Municipal Housing Liaison.
(1) Affirmative Marketing
(a) Conducting an outreach process to insure
affirmative marketing of affordable housing units in
accordance with the Affirmative Marketing Plan of
Oxford Township and the provisions of N.J.A.C.
5:80-26.15; and
(b) Providing counseling or contracting to provide
counseling services to low and moderate income
applicants on subjects such as budgeting, credit
issues, mortgage qualification, rental lease
requirements, and landlord/tenant law.
(2) Household Certification
(a) Soliciting, scheduling, conducting and following
up on interviews with interested households;
(b) Conducting interviews and obtaining sufficient
documentation of gross income and assets upon which
to base a determination of income eligibility for a
low- or moderate-income unit;
(c) Providing written notification to each applicant
as to the determination of eligibility or
non-eligibility;
(d) Requiring that all certified applicants for
restricted units execute a certificate substantially
in the form, as applicable, of either the ownership
or rental certificates set forth in Appendices J and
K of N.J.A.C. 5:80-26.1 et. seq.;
(e) Creating and maintaining a referral list of
eligible applicant households living in the housing
region and eligible applicant households with
members working in the housing region where the
units are located; and
(f) Employing the random selection process as
provided in the Affirmative Marketing Plan of Oxford
Township when referring households for certification
to affordable units.
(3) Affordability Controls
(a) Furnishing to attorneys or closing agents forms
of deed restrictions and mortgages for recording at
the time of conveyance of title of each restricted
unit;
(b) Creating and maintaining a file on each
restricted unit for its control period, including
the recorded deed with restrictions, recorded
mortgage and note, as appropriate;
(c) Ensuring that the removal of the deed
restrictions and cancellation of the mortgage note
are effectuated and properly filed with the
appropriate county’s register of deeds or county
clerk’s office after the termination of the
affordability controls for each restricted unit;
(d) Communicating with lenders regarding
foreclosures; and
(e) Ensuring the issuance of Continuing Certificates
of Occupancy or certifications pursuant to N.J.A.C.
5:80-26.10.
(4) Resale and rental
(a) Instituting and maintaining an effective means
of communicating information between owners and the
Administrative Agent regarding the availability of
restricted units for resale or rental; and
(b) Instituting and maintaining an effective means
of communicating information to low- and
moderate-income households regarding the
availability of restricted units for resale or
re-rental.
(5) Processing request from unit owners
(a) Reviewing and approving requests from owners of
restricted units who wish to take out home equity
loans or refinance during the term of their
ownership;
(b) Reviewing and approving requests to increase
sales prices from owners of restricted units who
wish to make capital improvements to the units that
would affect the selling price, such authorizations
to be limited to those improvements resulting in
additional bedrooms or bathrooms and the cost of
central air conditioning systems; and
(c) Processing requests and making determinations on
requests by owners of restricted units for hardship
waivers.
(6) Enforcement
(a) Securing annually lists of all affordable
housing units for which tax bills are mailed to
absentee owners and notifying all such owners that
they must either move back to their unit or sell it;
(a) Securing from all developers and sponsors of
restricted units, at the earliest point of contact
in the processing of the project or development,
written acknowledgement of the requirement that no
restricted unit can be offered, or in any other way
committed, to any person, other than a household
duly certified to the unit by the Administrative
Agent;
(b) The posting annually in all rental properties,
including two-family homes, of a notice as to the
maximum permitted rent together with the telephone
number of the Administrative Agent where complaints
of excess rent can be made;
(c) Sending annual mailings to all owners of
affordable dwelling units, reminding them of the
notices and requirements outlined in N.J.A.C.
5:80-26.18(d)4;
(d) Establishing a program for diverting unlawful
rent payments to the municipality's affordable
housing trust fund or other appropriate municipal
fund approved by the DCA;
(f) Creating and publishing a written operating
manual, as approved by COAH, setting forth
procedures for administering such affordability
controls; and
(f) Providing annual reports to COAH as required.
(7) The Administrative Agent shall have authority to
take all actions necessary and appropriate to carry
out its responsibilities hereunder.
Section 4. Severability.
If any section, subsection, paragraph, sentence or
other part of this Ordinance is adjudged
unconstitutional or invalid, such judgment shall not
affect or invalidate the remainder of this
Ordinance, but shall be confined in its effect to
the section, subsection, paragraph, sentence or
other part of this Ordinance directly involved in
the controversy in which said judgment shall have
been rendered and all other provisions of this
Ordinance shall remain in full force and effect.
Section 5. Inconsistent Ordinances Repealed.
All ordinances or parts of ordinances which are
inconsistent with the provisions of this ordinance
are hereby repealed, but only to the extent of such
inconsistencies.
Section 6. Effective Date.
This Ordinance shall take effect immediately upon
final adoption and publication in the manner
prescribed by law.
NOTICE
NOTICE is hereby given that the foregoing Ordinance
was introduced to pass on first reading at a meeting
of the Township Committee of the Township of Oxford
held on August 20, 2008, and ordered published in
accordance with the law. Said Ordinance will be
considered for final reading and adoption at a
regular meeting of the Township Committee to be held
on September 17, 2008, at 6:00 PM or as soon
thereafter as the Township Committee may hear this
Ordinance at the Municipal Building, 11 Green
Street, Oxford, New Jersey, at which time all
persons interested may appear for or against the
passage of said Ordinance.
On motion by Mr. Bray, seconded by Mr. Accetturo and
passed unanimously on roll call vote to introduce on
first reading Ordinance 2008-11 To Create the
Position of Municipal Housing Liaison for the
Purpose of Administering Oxford Township’s
Affordable Housing Program Pursuant to the Fair
Housing Act.
ORDINANCE 2008-12
ORDINANCE OF THE TOWNSHIP OF OXFORD, COUNTY OF
WARREN, STATE OF NEW JERSEY TO AMEND, REVISE AND
SUPPLEMENT CHAPTER 340, “ZONING” SECTION 95-15, “B
BUSINESS ZONE” OF THE CODE OF THE TOWNSHIP OF OXFORD
TO ADD ADDITIONAL BUSINESSES TO THE PREMITTED
PRINCIPAL USES AND CHAPTER 265, “SITE PLAN REVIEW”
SECTION 78-2, “DEFINITIONS,” OF THE CODE OF THE
TOWNSHIP OF OXFORD TO AMEND THE DEFINITION OF
DEVELOPMENT.
WHEREAS, the Committee of the Township of Oxford,
County of Warren, State of New Jersey, has
determined that Chapter 340, “Zoning,” Section
95-15, “B Business Zone,” of the Code of the
Township of Oxford shall be amended, revised and
supplemented to add an exception from sewer charges
for uninhabitable properties and Chapter 265, “Site
Plan Review” Section 78-2, “Definitions,” of the
Code of the Township of Oxford to amend the
definition of development.
NOW, THEREFORE, BE IT ORDAINED by the Committee of
the Township of Oxford, County of Warren, State of
New Jersey that Chapter 340, “Zoning,” Section
95-15, “B Business Zone,” and Chapter 265, “Site
Plan Review” Section 78-2, “Definitions,” of the
Code of the Township of Oxford shall be amended,
revised and supplemented as followings:
Section 1:
A(1) Retail business establishments which are
clearly of a community
service character, such as but not limited to the
following:
(a) Stores selling groceries, meats, baked goods and
other such food items.
(b) Pharmacies
(c) Stationery, tobacco, newspaper, card, toy,
hobby, gift and flower shops.
(d) Restaurants, luncheonettes, taverns/bars, coffee
house, diner, deli and confectionery stores
(e) Hardware, paint, dry goods, bait and tackle,
small appliance, antiques and furniture stores
(f) Clothing, accessory and jewelry stores
(g) Video rental and book stores
(h) General merchandise retail stores
(2) Personal service establishments which are
clearly of a community
service character, such as but not limited to the
following:
(a) Barber shops, beauty shops and tanning salons
(b) Tailor shops and shoe repairs shops
(c) Business and professional offices
(d) Banks and financial institutions
(e) Comedy Clubs
(f) Establishments servicing goods such as those
permitted under §95-15A(1).
(g) Funeral homes.
(3) Municipal buildings, public schools and
nonprofit schools, parks,
playgrounds and recreation areas deemed necessary
and appropriate by the Township.
(4) Churches and other similar places of worship,
parish houses, convents
and other such facilities of recognized religious
groups.
(5) Social clubs, loges and fraternal organizations.
(6) Public and semipublic buildings, such as
libraries, museums, art
galleries, other private schools, nonprofit outdoor
recreation clubs, eleemosynary uses and other
nonprofit uses similar in nature and scale to those
permitted above.
Section 2:
§78-2. Definitions.
DEVELOPMENT – The division of a parcel of land into
two or more parcels; the construction,
reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other
structure or of any mining, excavation or landfill;
and any use or change in use of any building or
other structure or land or extension of use of land.
Section 3:
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 of
this Ordinance shall not be affected thereby.
Section 4:
Repealer. Any ordinances or parts thereof in
conflict with the provisions of this Ordinance are
hereby repealed as to their inconsistencies only.
Section 5:
Effective Date. This Ordinance shall take effect
upon final passage and publication as provided by
law.
NOTICE
NOTICE is hereby given that the foregoing Ordinance
was introduced to pass on first reading at a regular
meeting of the Committee of the Township of Oxford
held on August 20, 2008, and ordered published in
accordance with the law. Said Ordinance will be
considered for final reading and adoption at a
regular meeting of the Township Committee to be held
on September 17, 2008 at 6 p.m. or as soon
thereafter as the Township Committee may hear this
Ordinance at the Municipal Building, 11 Green
Street, Oxford, New Jersey, at which time all
persons interested may appear for or against the
passage of said Ordinance.
\
On motion by Mr. Accetturo, seconded by Mr. Bray and
passed unanimously on roll call vote to introduce on
first reading, Ordinance 2008-12 To Amend, Revise
and Supplement Chapter 340, “Zoning” Section 95-15
“B Business Zone” of the Code of the Township of
Oxford.
ORDINANCE 2008-13
ORDINANCE OF THE TOWNSHIP OF OXFORD, COUNTY OF
WARREN, STATE OF NEW JERSEY, ADOPTING REVISIONS TO
THE REDEVELOPMENT PLAN FOR THE OXFORD TEXTILE MILL
REDEVELOPMENT AREA
WHEREAS, on January 10, 2005, the Mayor and Council
of the Township of Oxford (“Township”) designated
the entirety the Oxford Textile Mill property
(Redevelopment Area #3) as an Area In Need of
Redevelopment pursuant to the New Jersey Local
Redevelopment and Housing Law, N.J.S.A. 40A:12A-1,
et seq. (“LRHL”); and
WHEREAS, pursuant to N.J.S.A. 40A:12A-4, the
Township, through the firm of Schoor DePalma Inc.,
prepared a redevelopment plan entitled “Oxford
Textile Mill Redevelopment Plan,” and has
subsequently revised the Plan substantially in the
form attached hereto (“Amended Redevelopment Plan”),
which provides for the redevelopment of the Oxford
Textile Mill Redevelopment Area (Redevelopment Area
#3); and
WHEREAS, the Oxford Township Committee referred the
Amended Redevelopment Plan to the Oxford
Planning/Land Use Board for its review and
recommendation pursuant to N.J.S.A. 40A:12A-7; and
WHEREAS, the Redevelopment Plan has been available
for public review in the office of the Planning
Board and in the office of the municipal Clerk; and
WHEREAS, the Oxford Planning Board/Land Use Board
recommended that the Township Committee adopt the
Amended Redevelopment Plan; and
WHEREAS, the Township Committee hereby finds that
the Redevelopment Plan furthers the interests of the
Township of Oxford and its residents by encouraging
redevelopment of the Oxford Textile Mill
Redevelopment Area through the remediation of
environmental contamination on the site and the
creation of a mix of residential and recreational
uses, and further finds that it is appropriate for
the revised Redevelopment Plan be adopted for the
Redevelopment Area.
NOW, THEREFORE, BE IT ORDAINED by the Township
Committee of the Township of Oxford, County of
Warren, State of New Jersey that:
1. The revised Redevelopment Plan be and hereby is
adopted in the form attached hereto;
2. The revised Redevelopment Plan shall supersede
applicable provisions of the Township’s Zoning
Ordinance;
3. The Official Zoning Map included within the
Township’s Zoning Ordinance is hereby amended to
indicate the Redevelopment Area to which the revised
Redevelopment Plan applies and the Township Engineer
is hereby directed to take all necessary actions to
ensure that the Official Zoning Map is updated
accordingly.
4. This Ordinance shall take effect at the time and
in the manner provided by law.
Certified by Sheila L. Oberly, Township Clerk:
Section 1:
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 2:
Repealer. Any ordinances or parts thereof in
conflict with the provisions of this Ordinance are
hereby repealed as to their inconsistencies only.
Section 3:
Effective Date. This Ordinance shall take effect
upon final passage and publication as provided by
law.
NOTICE
NOTICE is hereby given that the foregoing Ordinance
was introduced to pass on first reading at a regular
meeting of the Township Committee of the Township of
Oxford held on Wednesday, August 20, 2008, and
ordered published in accordance with the law. Said
Ordinance will be considered for final reading and
adoption at a regular meeting of the Township
Committee to be held on September 17, 2008, at 6:00
p.m. or as soon thereafter as the Township Committee
may hear this Ordinance at the Municipal Building,
11 Green Street, Oxford, New Jersey, at which time
all persons interested may appear for or against the
passage of said Ordinance.
The Clerk will send this ordinance to the Land Use
Board for their review and approval.
On motion by Mr. Bray, seconded by Mr. Accetturo and
passed unanimously on roll call vote to introduce
Ordinance 2008-13 Adopting Revisions to the
Redevelopment Plan for the Oxford Textile Mill
Redevelopment Area.
Resolution 2008-50 First and Second Quarter
Taxes-Block 6, Lot 4, and Lot 4.01-35 A-B Wall
Street was tabled.
RESOLUTION 2008-66
Resolution of the Township of Oxford Urging the New
Jersey Legislature to Support the Municipal Revenue
Restoration Act of 2008
WHEREAS, all New Jersey businesses pay local taxes
on their real property, the New Jersey personal
property tax is paid by a handful of petroleum
refineries and only three local exchange
telecommunications companies - Verizon, Embarq and
Warwick Valley - that provide 51% or more of the
telephone/voice service in a particular community;
and
WHEREAS, due to increased competition and strained
market conditions, the cost of communications
property has steadily declined over the years and is
no longer a stable tax base that New Jersey
municipalities can depend on; and
WHEREAS, fewer providers are meeting the 51%
threshold, causing municipal revenues collectively
to experience an aggregate loss of $440 million
since 1997; and
WHEREAS, estimates project at least 50 New Jersey
municipalities will lose their personal property tax
funding by 2009, a number that could grow to 150
within the next year; and
WHEREAS, the Municipal Revenue Restoration Act
proposes to replace the current funding system with
an expanding sales tax, already applicable to
telecommunications services and digital goods sold
by communications companies, by simply including
video services; and
WHEREAS, this approach would ensure that all video
service providers within a market that offer the
same “product” are taxed at the same rate; and
WHEREAS, the proposal would reverse the declining
tax revenue trend by replacing current laws with an
equitable and stable funding system tied to the
growing use of video services in our state; and
WHEREAS, municipalities and their residents have a
significant special interest in preserving a steady
and stable funding source;
NOW, THEREFORE, BE IT RESOLVED that the Township of
Oxford urges the New Jersey League of Municipalities
and New Jersey Conference of Mayors to endorse the
Municipal Revenue Restoration Act of 2008; and
BE IT FURTHER RESOLVED that the Township of Oxford
urges the New Jersey Legislature, in the strongest
possible manner, to support and enact the Municipal
Revenue Restoration Act of 2008; and
BE IT FURTHER RESOLVED that a copy of this
resolution shall be certified and forwarded to
Governor Jon S. Corzine, Senate President Richard
Codey, House Speaker Joseph Roberts, Senate Majority
Leader Shirley Turner, House Majority Leader Bonnie
Watson Coleman, Senate Minority Leader Tom Kean,
House Minority Leader Alex DeCroce, members of the
legislature’s Senate Budget and Appropriations
Committee, the New Jersey League of Municipalities,
and the New Jersey Conference of Mayors.
On motion by Mr. Bray, seconded by Mr. Accetturo and
passed unanimously on roll call vote to adopt
Resolution 2008-66 Municipal Revenue Restoration Act
of 2008.
RESOLUTION 2008-67
OPPOSING STATE CHARGE TO MUNICIPALITIES FOR COSTS OF
NJ STATE POLICE
WHEREAS, the New Jersey State Police was founded for
the express purpose of bringing law enforcement to
rural towns that had no police forces of their own,
and
WHEREAS, hundreds of thousands of people and
thousands of businesses in nearly 100 towns,
stretching from Sussex County to Cape May, and
spread out over more than 2,000 square miles, rely
on the State Police for protection, and
WHEREAS, the governing bodies of municipalities
currently utilizing the service of the New Jersey
State Police, who have relied on the integrity of
the State Government’s commitment to public safety
for almost a century, have structured their local
spending plans on this long-standing promise, to
create current budgetary patterns in their local tax
structure, and
WHEREAS, the concept of taxpayers being asked to pay
for the cost of public services has never been
approached from a user fee philosophy, and runs
contrary to the State of New Jersey’s philosophy of
paying for the costs of various public services,
including but not limited to Supporting Special
Education Needs, Increasing Affordable Housing
Opportunities, Expanding Health Insurance for
Children, Fighting Hunger, Reducing Gang-Related
Violence, Promoting Women’s Health issues,
Addressing Violence Against Women, Economic Growth
and Homeland Security, all of which were identified
as priority goals of the administration of Governor
Corzine, and
WHEREAS, the concept of singling out one area of
State Government’s cost for the purpose of
converting it to a user fee philosophy, while not
doing so for any of the other above-named public
services, represents a poor, knee-jerk reaction to a
fiscal crisis, and
WHEREAS, the decision to charge municipalities for
the costs of the New Jersey State Police represents
an unconstitutional act with no precedence or
justification, and
WHEREAS, the decision to charge municipalities for
the costs of the New Jersey State Police represents
an unfunded mandate which is contrary to the tenets
and requirements of New Jersey State Law, and
WHEREAS, shifting this cost from an income-tax basis
to a property-tax basis will have no discernible
positive impact on the taxpayers of New Jersey,
after factoring in the severe, long term negative
economic impacts on New Jersey’s towns currently
served by the New Jersey State Police, and
WHEREAS, implementation of such a plan does not
provide tax relief, but rather represents shell game
politics in an attempt to shift costs from state
government to local government, and
WHEREAS, implementation of such a plan would impose
a harsh penalty on those towns who accepted the
State’s long-standing commitment to them, and would
foster a hostile working relationship between State
and Local government at a time when New Jersey’s
citizens need, more than ever, a cooperative and
progressive approach to tax relief and tax reform,
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and
Committee of the Township of Oxford does hereby
express its strongest opposition to the decision to
impose a charge on the rural communities of New
Jersey for bearing the direct costs of public safety
as it relates to the New Jersey State Police, and
BE IT FURTHER RESOLVED, that the Mayor and Committee
of the Township of Oxford does hereby call upon
Governor Jon Corzine and the New Jersey State
Legislature to rescind the policy of charging
municipalities for the costs of State Police
Coverage.
On motion by Mr. Bray, seconded by Mrs. Riley and
passed unanimously on roll call vote to adopt
Resolution 2008-67 Opposing State Charge to
Municipalities for Costs of NJ State Police.
RESOLUTION 2008-68
RESOLUTION OF THE TOWNSHIP OF OXFORD, COUNTY OF
WARREN, STATE OF NEW JERSEY, ENCOURAGING THE
LEGISLATURE AND THE NEW JERSEY DEPARTMENT OF
ENVIRONMENTAL PROTECTION TO ADOPT REGULATIONS
PROHIBITING UNMUFFLED ENGINE BRAKING BY DIESEL
TRUCKS IN THE STATE OF NEW JERSEY.
WHEREAS, unmuffled engine braking noise from diesel
trucks travels for long distances throughout the day
and night, disturbs the repose and well being of
taxpayers, and adversely affects the quality of life
of many New Jersey residents; and
WHEREAS, truck, engine and equipment manufacturer
studies have consistently found that improperly
muffled vehicles are the root cause of the noise
issue with engine braking; and
WHEREAS, unmuffled engine braking is currently not
enforced on interstate highways in New Jersey; and
WHEREAS, truck traffic (and resulting noise) on
interstate highways has greatly increased over the
past 10 years and is expected to continue to
increase; and
WHEREAS, New Jersey is the most densely populated
state in the USA and therefore has many residents
living within audible proximity to interstate
highways; and
WHEREAS, new trucks are required to be equipped with
effective mufflers when first sold; and
WHEREAS, many truckers have purposely modified their
muffler systems after purchase to make them
ineffective; and
WHEREAS, New Jersey law forbids the use of
ineffective muffler systems on any motor vehicle;
and
WHEREAS, federal (EPA) regulations specifically
prohibit tampering with, removing or rendering
inoperative any truck noise control device; and
WHEREAS, federal noise regulations require trucks to
meet specific noise emission standards; and
WHEREAS, many communities in New Jersey have enacted
local ordinances to ban unmuffled engine braking;
and
WHEREAS, many states have passed laws banning
unmuffled engine braking, but New Jersey has no such
state law; and
WHEREAS, local ordinances and New Jersey-specific
laws are NOT enforceable in interstate highways,
because only federal regulations are enforceable on
interstate highways; and
WHEREAS, many local municipalities are reluctant to
adopt laws banning unmuffled engine braking due to
concerns about enforceability and potential
litigation; and
WHEREAS, the New Jersey Department of Environmental
Protection (NJDEP) is responsible for adopting
federal noise regulations for interstate highways;
and
WHEREAS, NJDEP has not yet adopted any federal noise
regulations for interstate highways; and
WHEREAS, the use of engine brakes should not be
banned outright, because engine braking serves to
enhance public safety; and
WHEREAS, trucks are “self-inspected” and therefore
not subject to the ongoing routine independent
inspections that automobiles are subject to. Trucks
may however be inspected when passing through a New
Jersey State Police (NJSP)-administered weigh
station; and
WHEREAS, NJSP-staffed truck weigh stations are not
open 24 hours per day.
NOW, THEREBY, BE IT RESOLVED by the Township
Committee of the Township of Oxford that:
• NJDEP shall immediately adopt all federal
regulations regarding truck noise and mufflers
system modifications;
• The Legislature shall immediately adopt a law
similar to that of other states to ban unmuffled
engine braking and impose a $500 fine for
violations;
• NJDEP shall work with the New Jersey Motor Vehicle
Commission to establish a simple state roadside
noise test procedure that requires the engine brakes
to be activated during the test, that can be
enforced by local and state police with minimal
training and equipment, and that will survive court
scrutiny,
• The NJSP shall immediately and vigorously enforce
all applicable state and federal truck noise and
muffler laws (including at all truck
weigh/inspections stations),
• Truck weigh and inspection stations on New Jersey
interstate highways shall be opened and staffed 24/7
and shall adopt specific procedures and training to
check for missing and/or ineffective mufflers on all
trucks.
BE IT FURTHER RESOLVED that a copy of this
resolution shall be sent to your local NJ State
Senator and Assemblyperson and also to the
following:
Governor Corzine, Office of the Governor, P.O. Box
001, Trenton, NJ 08625
DEP Commissioner Lisa P. Jackson, 401 E. State
Street, 7th Floor, Trenton, NJ 08625
NJDOT Commissioner Kris Kolluri, P.O. Box 600,
Trenton, NJ 08625-0600
NJ Motor Vehicle Commission, P.O. Box 160, Trenton,
NJ 08666
NJ State Police Colonel Rick Fuentes, P.O. Box 7068,
West Trenton, NJ 08628
Union Township Environmental Commission, 140
Perryville Road, Hampton, NJ 08827
On motion by Mr. Bray, seconded by Mrs. Riley and
passed unanimously on roll call vote to adopt
Resolution 2008-68 Encouraging the Legislature and
the New Jersey Department of Environmental
Protection to Adopt Regulations Prohibiting
Unmuffled Engine Braking by Diesel Trucks in the
State of New Jersey.
RESOLUTION 2008-69
REFUNDING OVERPAYMENT
WHEREAS, two properties owned by Edna Pene at 25 and
27 Henry Street in Oxford, otherwise known as Block
26, Lots 110 and 111 were reduced in value from
$20,200 to $3,400 as a result of the revaluation in
2006, the amount which was paid in 1st and 2nd
quarters of 2007 was more than enough to pay for the
entire year of 2007 resulting in an overbill of
$322.45 and $322.45 respectively for a total of
$644.90; and
WHEREAS, Mrs. Pene was made aware of the credits on
her two properties and had already paid her 2007 and
2008 taxes in full on both properties; and
WHEREAS, she was given the option of allowing the
credit to remain in place until the 2009 billing or
receiving a refund, she chose the latter;
NOW, THEREFORE BE IT RESOLVED by the Mayor and
Township Committee of the Township of Oxford on this
20 day of August that the Chief Financial Officer be
authorized to draw a check payable to Mrs. Edna Pene
in the amount of $644.90
On motion by Mr. Accetturo, seconded by Mr. Bray and
passed unanimously on roll call vote to adopt
Resolution 2008-69 Overpayment to Mrs. Edna Pene-$644.90.
RESOLUTION 2008-70
TO EXTEND THIRD QUARTER 2008
PROPERTY TAX PAYMENT GRACE PERIOD
WHEREAS, the Warren County Board of Taxation did not
strike the 2008 Oxford Township property tax rate
until July 30, 2008 resulting in the delay of
billing Oxford Township taxpayers last half of 2008
and first half of 2009 property taxes; and
WHEREAS, bills needed to be printed, stuffed, and
mailed to homeowners and financial institutions as
soon as possible and were so sent on August 4, 2008;
and
WHEREAS, NJSA 54:4-64, Delivery of Tax Bills,
provides that bills must be mailed or delivered no
less than 25 days prior to the end of the grace
period:
NOW, THEREFORE BE IT RESOLVED by the Mayor and
Township Committee of the Township of Oxford on this
20th day of August 2008 that the Tax Collector be
authorized to set the deadline of the extended third
quarter 2008 tax payment grace period to August 29,
2008.
On motion by Mr. Accetturo, seconded by Mr. Bray and
passed unanimously on roll call vote to adopt
Resolution 2008-70 To Extend Third Quarter 2008
Property Tax Payment Grace Period.
RESOLUTION 2008-71
REFUNDING TAX SALE CERTIFICATE #501
THAT WAS REDEEMED
WHEREAS, the property owned by 50 Wall St. also
known as Block 45, Lot 1 located at 50 Wall St. had
unpaid 2007 Sewer Service Charges and was sold at a
Tax Sale held on July 21, 2008 by the Oxford
Township Tax Collector; and
WHEREAS, Park Finance, LLC of PO Box 109 Cedar
Knolls, NJ 07927 was the successful bidder of the
above stated property; and the amount of the Tax
Sale consisted of unpaid taxes, interests and other
costs, and totaled $778.27 and is represented by Tax
Sale Certificate #501; and
WHEREAS, Stuart Alan & Associates paid $857.12 to
the Oxford Township Tax Collector to satisfy the
outstanding Tax Sale Certificate on August 11, 2008
to redeem the certificate:
NOW, THEREFORE BE IT RESOLVED by the Mayor and
Township Committee of the Township of Oxford on this
20th day of August, 2008 that the Chief Financial
Officer be authorized to draw a check payable to
“Park Finance, LLC” in the amount of $857.12 for the
redemption of Tax Sale Certificate #501; and
BE IT FURTHER RESOLVED that the Tax Collector be
directed to return the satisfied Tax Sale
Certificate to Stuart Alan & Associates, of 8 Timber
Ridge Drive, Warren, NJ 07059.
On motion by Mr. Bray, seconded by Mrs. Riley and
passed unanimously on roll call vote to adopt
Resolution 2008-71 Refunding Tax Sale Certificate
#501 that was redeemed.
RESOLUTION 2008-72
RESOLUTION OF THE TOWNSHIP OF OXFORD, COUNTY OF
WARREN, STATE OF NEW JERSEY, REQUESTING THAT
PATRICIA A. KOLB, WARREN COUNTY CLERK, PLACE A
REFERENDUM QUESTION ON THE BALLOT TO EXPAND THE
TOWNSHIP COMMITTEE FROM THREE (3) TO FIVE (5)
MEMBERS.
WHEREAS, the Township Committee of the Township of
Oxford believes it is in the best interests of the
citizens of Oxford to allow them to vote on whether
to expand the Township Committee from three (3) to
five (5) members, and;
WHEREAS, the citizens of Oxford Township have
presented petitions containing
names of over 15% of the number of eligible voters
from the last General Assembly election requesting
the expansion of the Committee from three (3) to
five (5) members, and;
WHEREAS, the question to be placed on the ballot is
as follows:
“Shall the membership of the Township Committee of
the Township
of Oxford be increased from three (3) to five (5)
members?”
NOW, THEREFORE, BE IT RESOLVED, by the Township
Committee, Township of Oxford, County of Warren,
State of New Jersey, that Patricia A. Kolb is
requested to accept the attached petitions and to
place a referendum on the ballot asking whether the
voters desire to increase the number of members on
the Township Committee from three (3) to five (5)
members.
On motion by Mr. Bray, seconded by Mrs. Riley and
passed unanimously on roll call vote to adopt
Resolution 2008-72 Requesting that Patricia A. Kolb,
Warren County Clerk, Place a Referendum Question on
the Ballot to Expand the Township Committee from
Three (3) to Five (5) Members.
On motion by Mr. Accetturo, seconded by Mr. Bray and
passed unanimously on roll call vote to give
permission to Canine Aquatics & Fitness Center from
Randolph, NJ to hold a training session on October
5th and October 12th for a certification course at
the Oxford Furnace Lake pending insurance coverage.
ENGINEER’S REPORT:
Mr. Finelli stated that Mt. Pisgah is scheduled for
next week to be paved.
Mr. Finelli said that he has talked to Steve Donati,
Consulting Engineer for PRMUA in regards to the
Wastewater Management Plan. Mr. Donati said that
PRMUA is not required to do anything; this plan
would be each township’s responsibility to complete
and then submitted to PRMUA for their approval.
Mr. Finelli said he would be attending the session
on the Council on Affordable Housing (COAH) on
Tuesday, September 16th at 7:00 PM at the NJ Water
Supply Authority Annex Building in Clinton Township.
Bill Griffett attended the meeting in regard to
sewer allocation for his Laundromat. Mr. Finelli
explained the calculation based upon the NJDEP
ratios –37.7 EDU’s, rounding up to 38, which would
come out to 7,540 gallons per day. Mr. Finelli
explained that this is on the high side. He
suggested that to save Mr. Griffett money, that it
would be to his benefit to put a meter on his
Laundromat. Mr. Finelli explained that between the
two options, putting a meter on the building would
reduce his fee.
A heated discussion pursued by Mr. Griffett stating
that he would not meter his water usage unless all
businesses downtown, meter their usage.
On motion by Mr. Bray and seconded by Mrs. Riley and
passed unanimously on roll call vote to charge Mr.
Griffett, for now at the current rate of on EDU in
order for him to open his business. The Committee
will review how everyone is charged and at that time
the fee will be changed. Mr. Accetturo abstained.
ATTORNEY’S REPORT:
All for Executive Session
Mr. Bray said that on 42-44 Henry Street, there is
a-dead tree that abuts the pavement of the road. A
part of the tree fell down earlier and the homeowner
cut it and hauled it away. The other part of the
tree is ready to fall down. Mrs. Riley and Lou
Accetturo will go out and look at it to see if it is
the Township’s responsibility.
Mr. Bray distributed several ordinances to the
Committee in effect in Warren County-Alpha,
Hackettstown and Independence on parking. These
ordinances ban RV’s truck trailers and boat trailers
from being parked on public streets. This problem
has come up numerous times on Upper Denmark Road.
The Committee will review the paperwork and discuss
at the next Township meeting.
The Committee discussed the sidewalk at 49 Shippen
Ridge. A decision was made that the sidewalk is
sound, and the Township does not have any obligation
to repair it. Mrs. Riley will write a letter to Mr.
and Mrs. Applebaum explaining the Committee’s
decision.
PUBLIC COMMENT:
The public had questions about the benefits of
Oxford Township going from a three member to a five
member Committee.
Mr. Finelli answered a question in regard to
contaminated dirt being trucked to the Popinko
property. He stated that for NJDEP to follow up on
this complaint, they require substantiated evidence
before they will investigate.
Public Comment was closed.
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 (Cambridge Lawsuit,
State Tax Appeal), pending/potential litigation (Kellner)
and two personnel matters.
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. Accetturo, seconded by Mrs. Riley
and passed unanimously on roll call vote to enter
into Executive session at 10:40 PM.
Entered into open session at 11:15 PM. No official
action was taken.
Mr. Bray said that Smith Motors have the state
contract for parts and repairs on vehicles. He will
authorize Lt. Lilly and the police department to
take all police cars there for servicing.
On motion by Mr. Bray, seconded by Mrs. Riley and
passed unanimously on roll call vote to pay all
bills listed on the Bill List.
A letter was received from Brian Tipton, attorney
for Samir Elbassionary on the five-year tax-exempt
property. Mr. Bray asked the tax assessor, Rich
Motyka to draw up a resolution showing both payment
schedules.
Mrs. Riley asked permission to hire another attorney
to review Ordinance 2006-09 Five-Year Tax Abatement.
On motion by Mr. Bray and seconded by Mrs. Riley to
contact Mr. Richard Cushing, Attorney to ask for his
legal opinion on the abatement issue. Mr. Accetturo
abstained.
Mr. Lavery stated that he is waiting for an answer
from the AOC in reference to employment of court
employees and court professionals, if Oxford would
merger with another municipality.
On motion by Mr. Accetturo, seconded by Mrs. Riley
and passed unanimously on roll call vote to adjourn
11:30 PM.
______________________________
Sheila L. Oberly, RMC
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