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TOWNSHIP
MINUTES
November
5, 2008
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Version
TOWNSHIP MEETING
NOVEMBER 5, 2008
The regular scheduled meeting of the Mayor and
Committee of the Township of Oxford was held on
November 5, 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 6:00 PM.
In attendance were Bonnie Riley, N. Angelo Accetturo,
William Bray, Michael Lavery, and Howard Vex. Labor
Attorney, Michael Finelli, and Sheila L. Oberly.
Everyone stood and recited the flag salute.
Mrs. Riley stated that the tax, and sewer reports
for October 2008 are available to the public in the
back of the room.
Mr. Lavery announced that Howard Vex, Labor Council
is in attendance tonight to answer any questions by
the Committee in reference to the application
submitted by the DPW workers to join Teamsters Local
Union No. 469.
ENGINEER REPORT
Mr. Finelli reported on the COAH Third Round
obligation and the Revised Housing Element Fair
Share Plan, which is due December 31, 2008. He
stated that COAH and The Highlands did strike an
agreement last week allowing Municipalities that are
in the Highlands to have until 2009 to submit their
plan. This requires the Township to submit a
resolution entitled something to the effect of
“Intent to Conform with the Highlands Regional
Master Plan.” This resolution would bind the
Township to conform to the preservation area which
Oxford does not have a choice, since this is a
statewide requirement. Mr. Finelli will discuss the
wording of this resolution with Michael Garofalo, of
Laddey, Clark and Ryan.
The New Jersey Highlands Council will be having an
informational seminar at 100 North Road (Route 513),
Chester, NJ on Monday, November 11, 2008, from 10:00
AM to 4:00 PM for planners, consultants or other
professionals for municipalities located within the
NJ Highlands region who wish to gain a fuller
understanding of the Highlands Regional Master Plan,
the process of Plan Conformance and the availability
of Initial Assessment Grants. Mr. Finelli will ask
Nevitt, if he will be attending and report back to
Mayor Riley.
Mr. Finelli informed the Committee that the holes on
Buckley Avenue were recently paved.
Oxford Township should receive notification from
NJDOT, in November or December in regard to if the
township will be receiving a grant for Buckley
Avenue.
Mr. Finelli said that New Jersey Department of
Environmental Protection sent a letter stating that
since Warren County declined taking over the
Wastewater Management Plan responsibilities, Oxford
Township is now responsible and must notify the
NJDEP of their intended course of action. The letter
stated that the deadline is July 9, 2009 to have a
WMP submitted to them. Warren County is the only
county in the state of New Jersey that is not the
Wastewater Management Plan entity.
The Committee discussed the representation on the
Warren County Pequest River Municipal Utility
Authority. Mr. Bray will write a letter to PRMUA
asking for a replacement for Don Niece and more
representation on the PRMUA Board since Oxford is
paying high fees with no voice at the present time.
Lloyd Tubman, Attorney for Oxford Textile discussed
with the Committee the redevelopment agreement. She
requested an extension to the redevelopment
agreement for a period of five years with a period
of two years to work through NJDEP, then come back
to the Committee with a general development plan-end
of Phase I. Also at that time, the ability to
request another extension if OTI is not done with
NJDEP.
On motion by Mr. Accetturo, seconded by Mr. Bray and
passed unanimously on roll call vote to extend the
redevelopment agreement for six months.
At this time, Ms. Tubman stated that there is an
agreement with the wetlands mitigation bank with
contingencies attached.
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: Client/Attorney Privilege- a letter
received from the International Brothers of
Teamsters Local #469 and potential litigation-50
Wall Street
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 Mrs. Riley, seconded by Mr. Accetturo
and passed unanimously on roll call vote to enter
into Executive Session at 7:15 PM. Mr. Finelli and
Mr. Lavery left the meeting at 7:30 PM.
Entered into Regular session at 7:45 PM. No Official
Action was taken.
On motion by Mrs. Riley and seconded by Mr. Bray, to
authorize Howard Vex, Labor Counsel to consent to
recognition of International Brothers of Teamster
Local #469 as the bargaining representative for the
five employees in the DPW department. Mr. Accetturo
abstained.
On motion by Mr. Bray, seconded by Mr. Accetturo and
passed unanimously on roll call vote to approve the
October 7, 2008 meeting minutes.
On motion by Mrs. Riley, seconded by Mr. Bray and
passed unanimously on roll call vote to set the 2009
Reorganization Meeting/Township Meeting on January
7, 2009 at 6:00 PM.
Ordinance 2008-08 Amending and Supplementing Chapter
75 of the Township Code to Adopt an Updated
Recycling Ordinance was opened for public comment.
There being no public comments, the public comments
period was closed.
On motion by Mr. Accetturo, seconded by Mrs. Riley
and passed unanimously on roll call vote to adopt
Ordinance 2008-08 Amending and Supplementing Chapter
75 of the Township Code to Adopt an Updated
Recycling Ordinance on second reading.
ORDINANCE NO. 2008-16
ORDINANCE OF THE TOWNSHIP OF OXFORD, COUNTY OF
WARREN, STATE OF NEW JERSEY TO AMEND CHAPTER 77A,
“SEWERS,” OF THE CODE OF THE TOWNSHIP OF OXFORD TO
INCREASE THE SEWER CONNECTION FEES.
WHEREAS, the Committee of the Township of Oxford,
County of Warren, State of New Jersey, has
determined that Chapter 77A, “Sewers,” of the Code
of the Township of Oxford shall be amended, revised
and supplemented to increase the sewer connection
fees.
NOW, THEREFORE, BE IT ORDAINED by the Township
Committee of the Township of Oxford, County of
Warren, State of New Jersey that Chapter 77A,
“Sewers,” of the Code of the Township of Oxford
shall be amended, revised and supplemented as
followings:
Section 1:
§77A- 18 Sewer Connection Fees.
C. The sewer connection fees shall be $1,025
Section 2:
§77A- 23 Fees
A. Sewer permit fee. The owner or his agent shall
make application on a form furnished by the
Township. The permit application shall be
supplemented by any plans, specifications or other
information considered pertinent by the township. A
permit and inspection fee of twenty-five dollars
($25) for a sewer permit shall be paid of the
Township Sewer Utility System at the time the
application is filed. The permit will expire six (6)
months after the date of issue, but will be subject
to renewal not to exceed six (6) months with the
approval of the administrative agency.
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 off
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 Township Committee of the Township of
Oxford held on November 5, 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 December 10, 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. Accetturo, seconded by Mrs. Riley
and passed unanimously on roll call vote to
introduce on first reading Ordinance 2008-16 To
Amend Chapter 77A, “Sewers,” of the Code of the
Township of Oxford to Increase the Sewer Connection
Fees.
Ordinance 2008-17 To Vacate an Alley not Needed for
a Public Purpose was opened for public comment.
There were no public comments-the public comment
period was closed.
On motion by Mr. Bray, seconded by Mr. Accetturo and
passed unanimously on roll call vote to adopt
Ordinance 2008-17 To Vacate an Alley not Needed for
a Public Purpose on second reading.
Ordinance 2008-18 Amending and Supplementing Chapter
91, Section 91-30 to Create a New Section 91-51 to
Place Limitations on Parking Trailers Within the
Township was opened to public comment.
There were questions about the time limit of parking
trailers for three days on a public street. The
public comment period was closed.
On motion by Mr. Bray and seconded by Mr. Accetturo
to adopt Ordinance 2008-18 Amending and
Supplementing Chapter 91, Section 91-30 to Create a
New Section 91-51 to Place Limitations on Parking
Trailers Within the Township on second reading. Mrs.
Riley voted No.
RESOLUTION 2008-78
CANCELLING TAX SALE CERTIFICATE# 432
WHEREAS, the property of Louise Ryerson known as
Block 29, Lot 16 had unpaid 2002 property taxes and
was sold at Tax Sale on November 25th, 2003 by the
Oxford Township Tax Collector; and
WHEREAS, there were no outside bidders for the
abovementioned property, the Oxford Township Tax
Collector struck off the property to the Township of
Oxford for the amount of $29.80. This amount
consists of unpaid 2002 property taxes, interest,
and other costs, and is represented by Tax Sale
Certificate #432; and
WHEREAS, Louise Ryerson paid $281.20 on October 15,
2008 to the Oxford Township Tax Collector to satisfy
the outstanding Tax Sale Certificate:
NOW THEREFORE BE IT RESOLVED by the Township
Committee of the Township of Oxford that on this 5th
day of November that since the original tax sale
certificate cannot be located that the tax collector
be authorized to issue a Certificate of Redemption
for same; and
BE IT FURTHER RESOLVED that the Tax Collector return
the Certificate of Redemption to Louise Ryerson at
453 Eagle Pass, Brick, NJ 08723.
On motion by Mr. Accetturo, seconded by Mrs. Riley
and passed unanimously on roll call vote to adopt
Resolution 2008-78 Canceling Tax Sale Certificate
#432.
RESOLUTION 2008-79
APPOINTING A SPECIAL ATTORNEY
WHEREAS, there exists a need for the performance of
special legal services during the year 2008 which
cannot be handled by the Municipal Attorney or other
special counsel; and
WHEREAS, funds are or will be made available for
this purpose to be certified by the Treasurer; and
WHEREAS, the Local Public Contract law (N.J.S.A.
40A: 11-1 et seq.) authorizes the hiring of an
attorney without competitive bidding providing that
the resolution authorizing the award of contracts
for “professional Services” without competitive
bidding and the contract itself be made available
for public inspections.
NOW, THEREFORE, BE IT RESOLVED, by the Mayor and
Committee of the Township of Oxford, Warren County,
New Jersey, as follows:
1. Richard P. Cushing of Gebhardt & Kiefer, P.C. is
hereby appointed to serve as Special Attorney during
the year 2008 in connection with property tax
matters.
2. The Clerk and the Municipal Attorney shall
negotiate with the Special Attorney a mutually
agreeable written compensation agreement within
thirty (30) days of the date of the date of this
Resolution, which will be submitted to the Mayor and
Committee for approval.
3. This contract is awarded without competitive
bidding as a “Professional Services” under the
provisions of the Local Public Contract Law,
N.J.S.A. 40A: 11-5.
4. Notice of this action shall be printed once in
the Star Gazette.
On motion by Mr. Bray and seconded by Mrs. Riley to
adopt Resolution 2008-78 Appointing a Special
Attorney. Mr. Accetturo abstained.
RESOLUTION – 2008-80
BUDGET TRANSFER
WHEREAS, N.J.S.A. 40A:4-58 and 59 authorizes
transfers from certain budget appropriations where
it is expected that it will be insufficient, and
WHEREAS, it is reasonable expected that certain
appropriations will not be sufficient for
contemplated expenditures;
NOW, THEREFORE, BE IT RESOLVED that the Chief
Financial Officer of Oxford Township, County of
Warren, State of New Jersey, is hereby instructed to
adjust the financial records in accordance with the
provision of this Resolution:
CURRENT FUND
Account: From: To:
Computerization $10,000.00
Revitalization Planning $5,000.00
Tax Assessment OE $.01
Electricity $12,000.00
Administrative and Executive OE $9,700.00
Aid to Library $300.00
Police – Other Expenses $5,000.00
Legal – Salary and Wages $.01
Street Lighting $12000.00
TOTALS $27,000.01 $27,000.01
On motion by Mr. Bray, seconded by Mr. Accetturo and
passed unanimously on roll call vote to adopt
Resolution 2008-80 Budget Transfer.
RESOLUTION
2008-81
TEMPORARILY SUSPENDING THE PROHIBITION AGAINST
HUNTING AS CODIFIED BY CHAPTER 72-1H OF THE CODIFIED
ORDINANCES OF THE TOWNSHIP OF OXFORD, WARREN COUNTY,
NEW JERSEY
WHEREAS, Oxford Township operates and conducts a
recreational park and swimming facility on lands
owned by it and known as Oxford Furnace Lake, and,
WHEREAS, non-migrating Canadian Geese have acquired
residency at Oxford Furnace Lake, and
WHEREAS, the existence of said non-migrating
Canadian Geese has escalated dramatically, and
WHEREAS, the existence of said non-migrating
Canadian Geese in the numbers now present are
despoiling the Lake and surrounding lands and
present a clear and present danger to the health of
the citizens of Oxford Township and others utilizing
this recreational area, and
WHEREAS, the State of New Jersey in recognition of
the escalating population of non-migrating Canadian
Geese in New Jersey have established a special
hunting season for the express purpose of reducing
the non-migratory Canadian Geese population which
said hunting season is to be conducted from November
17, 2008 through November 29, 2008 (excluding
Sunday) from Dawn to Dusk and
WHEREAS, notice of this special hunting season was
provided to Oxford Township under circumstances
wherein the Township does not have sufficient
opportunity to amend Chapter 72 Section 72-1H of the
Oxford Code, which said
Ordinance prohibits the hunting of Canadian Geese at
the Oxford Furnace Lake premises.
NOW THEREFORE BE IT RESOLVED on this 5th Day of
November 2008 that the prohibition against hunting
as it appears in Chapter 72 Section 72-1H of the
Oxford Code is hereby temporarily suspended from
November 17, 2008 through November 29, 2008,
(Excluding Sunday) to the extent that said ordinance
prohibits the hunting of Canadian Geese at
municipally owned premises known as Oxford Furnace
Lake.
BE IT FURTHER RESOLVED that duly licensed and
permitted hunters shall be allowed to hunt and shoot
Canadian Geese at the Oxford Furnace Lake premises
during the periods aforesaid, with the exceptions
that no hunting will be allowed on Sunday during the
period of November 17th to November 29th, 2008.
BE IT FURTHER RESOLVED that Chapter 72 Section 72-1H
of the Oxford Code shall remain otherwise in full
force and effect.
On motion by Mr. Accetturo, seconded by Mr. Bray and
passed unanimously on roll call vote to adopt
Resolution 2008-81 Temporarily Suspending the
Prohibition Against Hunting as Codified by Chapter
72-1H of the Codified Ordinances of the Township of
Oxford.
RESOLUTION 2008-82
Public Agency Compliance Officer
WHEREAS, The Township of Oxford (hereinafter "Public
Agency") in accordance with N.J.A.C. 17:27-3.5 that
each agency shall designate a Public Agency
Compliance Officer; and
WHEREAS, the New Jersey Department of Treasury,
Division of Contracts Compliance and Equal
Employment Opportunity in Public Contracts; and
NOW, THEREFORE, BE IT RESOLVED by the governing body
of The Township of Oxford, in the County of Warren
and State of New Jersey, as follows:
1. The Township of Oxford hereby designates Sheila
L. Oberly, RMC, as
its Public Agency Compliance Officer.
On motion by Mr. Accetturo, seconded by Mr. Bray and
passed unanimously on roll call vote to approve
Resolution 2008-82 Public Agency Compliance Officer.
On motion by Mr. Bray, seconded by Mr. Accetturo and
passed unanimously on roll call vote to approve
Oxford Township Fire Department-Raffle to be held on
November 7, 2008 at the Oxford Firehouse.
The Committee discussed several decayed trees, to be
taken down two on Henry Street and one on Scranton
Parkway. Mayor Riley will get three bids to do take
down or prune all three trees.
On motion by Mr. Accetturo, seconded by Mr. Bray and
passed unanimously on roll call vote to authorize
the Mayor to award the project to the lowest bidder,
but not to exceed $1,800.00.
PUBLIC COMMENT
Shawn Spinks of Axford Avenue questioned the
Committee, if it is the practice of the Township to
send the tax collector to individual homes to
collect a tax debt. Mrs. Riley asked if she could
explain the situation in public, since it is a
personal matter. Mr. Spinks agreed. Mrs. Riley
explained this is not the policy of the Township,
but the taxes were overdue and paid with a check
that was returned because of insufficient funds.
This nonpayment would have put this property on the
tax sale. By the time the Township received this
invalid check, it was past the date of the tax sale.
The Township could have had a tax sale just for this
one property but this would have cost the Township a
considerable amount of money. The Tax Collector
mailed letters and received no response and at this
point, she had two options-one she could have taken
the homeowner to small claims court for passing a
bad check or try to collect the funds, which is why
she went to the house. In the future, the policy
will be all checks mailed to the Tax Collector and
returned for insufficient funds, the homeowner will
be held responsible.
Peg Hissim asked about New Jersey State Police
covering Oxford Township. Mr. Bray said he has
nothing new on the police department other than
Oxford will not be paying New Jersey for state
police coverage.
On motion by Mr. Accetturo, seconded by Mr. Bray and
passed unanimously on roll call vote to approve all
bills listed on the Bill List.
On motion by Mr. Bray, seconded by Mr. Accetturo and
passed unanimously on roll call vote to adjourn the
meeting at 9:00 PM.
_________________________
Sheila L. Oberly, RMC
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