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TOWNSHIP
MINUTES
December 10, 2008
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TOWNSHIP MEETING
DECEMBER 10, 2008
The regular scheduled meeting of the Mayor and
Committee of the Township of Oxford was held on
December 10, 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: 02PM.
In attendance were Bonnie Riley, N. Angelo Accetturo,
William Bray, Michael Lavery, 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 November 2008 are available to the public in the
back of the room.
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 (50 Wall Street-Mr.
Kellner).
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 and seconded by Mr. Bray, to
enter into Executive session at 6:05 PM.
Entered into open session at 6:55 PM on motion by
Mrs. Riley and seconded by Mr. Bray. No Official
Action was taken.
On motion by Mrs. Riley, seconded by Mr. Bray, to
authorize Mr. Lavery to make the changes that were
discussed in Executive Session to the stipulation of
settlement agreement and to forward it to Mr.
Kellner’s attorney, Mr. Delaney.
On motion by Mrs.. Riley and seconded by Mr. Bray to
authorize a special meeting on December 17, 2008 at
9:00 AM in the Oxford Municipal Building to execute
the agreement if it has been approved by Mr.
Delaney.
ENGINEER REPORT:
Mr. Finelli discussed the Wastewater Management
Plan. He spoke with Chris Guida, from PRMUA
indicating that if Mr. Guida receives a letter from
the Mayor or the Township Engineer, that a check for
$3,000.00 will be released to Oxford Township to
help offset the cost of the plan.
On motion by Mrs. Riley and seconded by Mr. Bray to
authorize Mr. Finelli to write a letter to Mr. Guida
asking for $3,000.00.
Mr. Finelli stated that the deadline for the WMP to
be submitted to the NJDEP is July 7, 2009 with the
cost to Oxford Township, estimated to be at least
$50,000.00.
Mr. Finelli left the meeting at 7:15 PM.
Betty Wysocki, Animal Control Officer attended the
meeting to answer any questions from residents in
regard to dogs or cats. The Mayor asked Mrs. Wysocki,
if she sent the animal control officer to Mrs.
Spink’s house to inquire about her cats or dogs.
Mrs. Wysocki stated No. She also stated that she
picks up all stray cats in the Township and takes
them to Common Sense for Animals.
Sharon Cooper from Brown & Brown stated that Oxford
Township has been a charter member of the Public
Alliance Insurance Coverage Fund (PAIC) since
January 1, 1997 and that over the last six years;
Oxford has received a return of surplus in the
amount of $57,225.00. The premium for 2008 was
$91,595 and for 2009, it will be $97,075 a
difference of $5,480. She also said that at the
Executive Committee meeting of PAIC, approval was
granted for a return of surplus for the year 2009,
in the amount of $3,621.
RESOLUTION 2008-97
PUBLIC ALLIANCE INSURANCE COVERAGE FUND
RESOLUTION TO JOIN
WHEREAS, a number of local units have joined
together to form the Public Alliance Insurance
Coverage Fund, hereinafter referred to as "Fund", as
permitted by N.J.S.A. 40A: 10-36; and
WHEREAS, the statutes governing the creation and
operation of a Joint Insurance Fund contain
elaborate restrictions and safeguards concerning the
safe and efficient administration of the public
interest entrusted to such a Fund; and
WHEREAS, the Township of Oxford, hereinafter
referred to as "Public Entity" has determined that
membership in the Public Alliance Insurance Coverage
Fund is in the best interest of the local unit; and
WHEREAS, the Public Entity agrees to be a member of
the Fund for a period of three (3) years, effective
January 1, 2009 at 12:01 a.m. standard time and said
membership to terminate on January 1, 2012 at 12:01
a.m. standard time; and
WHEREAS, the Public Entity has never defaulted on
claims if self-insured and has not been canceled for
non-payment of insurance premiums for two (2) years
prior to this Resolution.
NOW THEREFORE, BE IT RESOLVED that the Public Entity
does hereby agree to join the Public Alliance
Insurance Coverage Fund for all types of coverage
offered by the Fund which are applicable to the
Public Entity; and
NOW THEREFORE, BE IT RESOLVED that the Public Entity
will be afforded the following types of coverages:
Workers' Compensation
Package - Property, Boiler & Machinery, Crime, Auto
& General Liability, Police Professional Liability &
Environmental Impairment Liability
Public Officials Liability
BE IT FURTHER RESOLVED that Bonnie Riley is hereby
appointed as the Public Entity's fund commissioner;
and
BE IT FURTHER RESOLVED that the Public Entity's fund
commissioner is authorized and directed to execute
the Indemnity and Trust Agreement and such other
documents signifying membership of the Fund as are
required by the Fund's bylaws and to deliver same to
the Administrator of the Fund with the express
reservation that said documents shall become
effective only upon the Public Entity's admission to
the Fund.
This Resolution agreed to the tenth day of December
2008, by a vote of:
3 Affirmative 0 Abstain
0 Negative 0 Absent
On motion by Mrs. Riley, seconded by Mr. Accetturo
and passed unanimously on roll call vote to adopt
Resolution 2008-97 to join PAIC for a three year
term to terminate on January 1, 2012 at 12:01 a.m.
standard time.
Sharon Cooper said that she would be available to
come to any of our meetings to review Oxford’s
insurance coverage and to answer any questions the
Committee or residents may have, just to call her
with a date.
On motion by Mr. Accetturo, seconded by Mrs. Riley
and passed unanimously on roll call vote to approve
the October 15th and November 5th, 2008 meeting
minutes.
Ordinance 2008-16- Chapter 77A, “Sewers,” of the
Code of the Township of Oxford shall be amended,
revised and supplemented to increase the sewer
connection fees-Second Reading was opened to public
hearing on motion by Mrs. Riley and seconded by Mr.
Accetturo. There was no public comments or
questions, the public hearing was closed.
On motion by Mr. Accetturo, seconded by Mr. Bray and
passed unanimously on roll call vote to adopt
Ordinance 2008-16.
ORDINANCE NO. 2008-19
ORDINANCE OF THE TOWNSHIP OF OXFORD, COUNTY OF
WARREN, STATE OF NEW JERSEY, TO AMEND AND SUPPLEMENT
CHAPTER 240, “PEACE AND GOOD ORDER”.
WHEREAS, the State of New Jersey prohibited
municipalities from passing ordinances prohibiting
public drunkenness; and
WHEREAS, a class action lawsuit has been filed
against towns, which prohibit public drunkenness,
and whereas the Township of Oxford has a prohibition
on public drunkenness in Chapter 240 titled, “Peace
and Good Order”;
NOW, THEREFORE, BE IT ORDAINED by the Township
Committee of the Township of Oxford, County of
Warren, State of New Jersey, that Chapter 240,
“Peace and Good Order”, shall be amended as follows:
Section 1.
Chapter 240, “Peace and Good Order” shall be amended
to delete Section 73-1A (1) and the remainder of
that section of the Ordinance shall be renumbered
accordingly.
Section 2.
Should any part or parts of this Ordinance be held
to be invalid by any competent court of law, such
invalidity shall only affect the part or parts held
to be invalid, and all other parts shall remain in
effect.
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 its passage and publication as required 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 December 10, 2008 at 6:00 PM., 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 January 07, 2009 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 2008-19 To
Amend and Supplement Chapter 240, “Peace and Good
Order.”
ORDINANCE NO. 2008-20
ORDINANCE OF THE TOWNSHIP OF OXFORD, COUNTY OF
WARREN, STATE OF NEW JERSEY, AUTHORIZING AN EXCHANGE
OF LAND WITH DEBRA K. DOCKER PURSUANT TO N.J.S.A.
40A:12-16.
WHEREAS, Debra K. Docker has requested that the
Township of Oxford engage in an exchange of land
with the Township to correct an existing condition
regarding a driveway located on Lot 18, Block 59
owned by the Township, adjacent to Block 2, Lot 59,
owned by Ms. Docker; and
WHEREAS, the property owner has agreed to convey an
amount of property of equal size on the adjacent
property to the Township; and
WHEREAS, the Township determined that, as the
properties being exchanged are the exact same size
and as such are of equal value; and
WHEREAS, the exchange of property will correct an
existing condition with regard to a driveway
presently located on Township property; and
WHEREAS, the Committee determined it is in the best
of the public to make the aforementioned exchange;
NOW, THEREFORE, BE IT ORDAINED by the Mayor and
Committee of the Township of Oxford, County of
Warren and State of new Jersey, as follows:
Section 1.
The Township agrees to the exchange of property with
Block 2, Lot 59 owned by Ms. Docker and Lot 18 owned
by the Township of Oxford in accordance with the
subdivision map annexed hereto as Exhibit A.
Section 2.
Should any part or parts of this Ordinance be held
to be invalid by any competent court of law, such
invalidity shall only affect the part or parts held
to be invalid, and all other parts shall remain in
effect.
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 its passage and publication as required 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 December 10, 2008 at 6:00 P.M., 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 January 7, 2009, 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.
On motion by Mr. Accetturo, seconded by Mrs. Riley
and passed unanimously on roll call vote to
introduce on first reading Ordinance 2008-20
Authorizing an Exchange of Land with Debra K. Docker
Pursuant to N.J.S.A. 40A:12-16.
RESOLUTION 2008-83
REFUNDING TAX SALE CERTIFICATE #470
THAT WAS REDEEMED
WHEREAS, the property owned by Bruce & Sharon Ader.
also known as Block 31, Lot 21, Qualifier C0071
located at 71 Cambridge East had unpaid 2006 taxes
and was sold at a Tax Sale held on April 16, 2007 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, sewer service
charges, interests and other costs, and totaled
$4,129.71 and is represented by Tax Sale Certificate
#470; and
WHEREAS, Citi Residential paid $13,747.47 on
November 24, 2008 to the Oxford Township Tax
Collector to satisfy the outstanding Tax Sale
Certificate, subsequent taxes, and delinquent taxes;
NOW, THEREFORE BE IT RESOLVED by the Mayor and
Township Committee of the Township of Oxford on this
10th day of December, 2008 that the Chief Financial
Officer be authorized to draw a check payable to
“Park Finance, LLC” in the amount of $13,747.47 for
the redemption of Tax Sale Certificate #470
BE IT FURTHER RESOLVED that the Tax Collector be
directed to return the satisfied Tax Sale
Certificate to Gina Duffy, Citi Residential, 95
Methodist Hill Road, Ste 100, Rochester, NY 14623.
On motion by Mr. Bray, seconded by Mr. Accetturo and
passed unanimously on roll call vote to adopt
Resolution 2008-83 Refunding Tax Sale Cert.-#470.
RESOLUTION – 2008-84
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:
Revitalization Planning $38,467.20
Administrative & Executive OE $312.00
Oxford Arsenic $10,994.95
Fire Prevention $500.00
Buildings and Grounds $2,087.02
Landfill/Solid Waste Disposal $2,676.00
Governing Body S&W $312.00
Police S&W $49,462.15
Fire Hydrants $3,176.00
Streets and Roads OE $1,204.99
Employee Group Health $882.03
TOTALS $55,037.17 $55,037.17
On motion by Mr. Bray, seconded by Mrs. Riley and
passed unanimously on roll call vote to adopt
Resolution 2008-84 Budget Transfer.
RESOLUTION 2008-85
WHEREAS, the Mayor and Council of the Township of
Oxford authorized the Purchase of Computer Equipment
and Accessories – Ordinance 2004-10, and
WHEREAS, the Purchase of Computer Equipment and
Accessories has been completed and all bills have
been paid leaving a balance in Ordinance #04-10 in
the amount of $84.18.
NOW THEREFORE BE IT RESOLVED by the Mayor and
Council of the Township of Oxford that Ordinance
#04-10 be canceled and the unexpended balance of
$84.18 be canceled to the Capital Improvement Fund.
RESOLUTION 2008-86
WHEREAS, the Mayor and Council of the Township of
Oxford authorized the Dump Truck and Acquisition of
Property – Ordinance 2007-07, and
WHEREAS, the Dump Truck and Acquisition of Property
has been completed and all bills have been paid
leaving a balance in Ordinance #07-07 in the amount
of $164,600.00.
NOW THEREFORE BE IT RESOLVED by the Mayor and
Council of the Township of Oxford that Ordinance
#07-07 be canceled and the unexpended balance of
$164,600.00 be canceled to the Deferred Charge to
Future Taxation - UNFUNDED.
RESOLUTION 2008-87
WHEREAS, the Mayor and Council of the Township of
Oxford authorized the Acquisition of a Garbage Truck
– Ordinance 2004-03, and
WHEREAS, the Acquisition of Garbage Truck has been
completed and all bills have been paid leaving a
balance in Ordinance #04-03 in the amount of
$10,733.00.
NOW THEREFORE BE IT RESOLVED by the Mayor and
Council of the Township of Oxford that Ordinance
#04-03 be canceled and the unexpended balance of
$10,733.00 be canceled to the Capital Fund Balance.
RESOLUTION 2008-88
WHEREAS, the Mayor and Council of the Township of
Oxford authorized the Reconstruction of Pequest Road
– Ordinance 2004-14, and
WHEREAS, the Reconstruction of Pequest Road has been
completed and all bills have been paid leaving a
balance in Ordinance #04-14 in the amount of
$15,587.32.
NOW THEREFORE BE IT RESOLVED by the Mayor and
Council of the Township of Oxford that Ordinance
#04-14 be canceled and the unexpended balance of
$15,587.32 be canceled to the Capital Fund Balance.
RESOLUTION 2008-89
WHEREAS, the Mayor and Council of the Township of
Oxford authorized the Purchase of Police Equipment –
Ordinance 2005-12, and
WHEREAS, the Purchase of Police Equipment has been
completed and all bills have been paid leaving a
balance in Ordinance #05-12 in the amount of
$197.05.
NOW THEREFORE BE IT RESOLVED by the Mayor and
Council of the Township of Oxford that Ordinance
#05-12 be canceled and the unexpended balance of
$197.05 be canceled to the Capital Improvement Fund
Balance.
RESOLUTION 2008-90
WHEREAS, the Mayor and Council of the Township of
Oxford authorized the Purchase of Public Works
Equipment – Ordinance 2006-14, and
WHEREAS, the Purchase of Public Works Equipment has
been completed and all bills have been paid leaving
a balance in Ordinance 2006-14 in the amount of
$3,643.03.
NOW THEREFORE BE IT RESOLVED by the Mayor and
Council of the Township of Oxford that Ordinance
2006-14 be canceled and the unexpended balance of
$3,643.03 be canceled to the Capital Fund Balance.
RESOLUTION 2008-91
WHEREAS, the Mayor and Council of the Township of
Oxford authorized the Speed Bump Removal – Pequest
Road – Ordinance 2008-03, and
WHEREAS, the Speed Bump Removal – Pequest Road has
been completed and all bills have been paid leaving
a balance in Ordinance #08-03 in the amount of
$15.00.
NOW THEREFORE BE IT RESOLVED by the Mayor and
Council of the Township of Oxford that Ordinance
#08-03 be canceled and the unexpended balance of
$15.00 be canceled to the Deferred Charge to Future
Taxation - UNFUNDED.
On motion by Mr. Accetturo seconded by Mr. Bray and
passed unanimously on roll call vote to adopt
Resolutions 2008-85 to Resolution 2008-91.
RESOLUTION NO. 2008-92
RESOLUTION REQUESTING APPROVAL OF ITEMS OF REVENUE
AND APPROPRIATION NJS 40A:4-87
WHEREAS, NJS 40A:4-87 provides that the Director of
the Division of Local Government Services may
approve the insertion of any special item of revenue
in the budget of any county or municipality when
such item shall have been made available by law and
the amount was not determined at the time of the
adoption of the budget; and
WHEREAS, the Director may also approve the insertion
of an item of appropriation for equal amount,
NOW, THEREFORE, BE IT RESOLVED, that the Township
Committee of the Township of Oxford, New Jersey,
hereby requests the Director of the Division of
Local Government Services to approve the insertion
of an item of revenue in the budget of the year 2008
in the sum of $4,000.00, which is now available from
the State of New Jersey in the amount of $4,000.00.
BE IT FURTHER RESOLVED, that the like sum of
$4,000.00 is hereby appropriated under the caption
Click It or Ticket Grant, and
BE IT FURTHER RESOLVED, that the above is the result
of funds from the State of New Jersey in the amount
of $4,000.00.
On motion by Mr. Bray, seconded by Mr. Accetturo and
passed unanimously on roll call vote to adopt
Resolution 2008-92 Insertion of Item of
Revenue-$4,000.00.
RESOLUTION 2008-93
REFUNDING OVERPAYMENT OF TAXES
WHEREAS, there exists a duplicate payment from 2nd
quarter of 2004 in the amount of $675.74 for Block
31, Lot 21, Qualifier C0004 at 4 Cambridge East
resulting from the sale of the property from Secor
to Riso; and
WHEREAS, it has been determined that the first
payment was received from the closing attorney, and
the second payment was paid electronically by First
American Real Estate Tax Service on behalf of Mrs.
Secor, (the seller) who no longer resides in Oxford;
NOW, THEREFORE, BE IT RESOLVED by the Mayor and
Township Committee of Oxford that on this 10th day
of December, 2008 the Chief Financial Officer be
authorized to refund the amount of $675.74 to
Christine Secor, who now resides at 228 Water St.,
Belvidere, NJ 07823.
On motion by Mr. Accetturo, seconded by Mr. Bray and
passed unanimously on roll call vote to adopt
Resolution 2008-93 Refunding Overpayment of
Taxes-&675.74.
RESOLUTION 2008-94
REFUNDING TAX SALE CERTIFICATE #484
THAT WAS REDEEMED
WHEREAS, the property owned by Daniel L & Laurel Ann
Kappler. also known as Block 13, Lot 4 located at 8
Henderson St. had unpaid 2007 taxes and was sold at
a Tax Sale held on July 21st, 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, sewer service
charges, interests and other costs, and totaled
$780.01 and is represented by Tax Sale Certificate
#484; and
WHEREAS, First American paid $780.01 on July 23,
2008 to the Oxford Township Tax Collector to satisfy
the outstanding Tax Sale Certificate, subsequent
taxes, and delinquent taxes;
NOW, THEREFORE BE IT RESOLVED by the Mayor and
Township Committee of the Township of Oxford on this
10th day of December, 2008 that the Chief Financial
Officer be authorized to draw a check payable to
“Park Finance, LLC” in the amount of $780.01 for the
redemption of Tax Sale Certificate #484
BE IT FURTHER RESOLVED that the Tax Collector be
directed to retain the satisfied Tax Sale
Certificate, which was issued but never, recorded
with the Warren County Clerk’s Office.
On motion by Mrs. Riley, seconded by Mr. Accetturo
and passed unanimously on roll call vote to adopt
Resolution 2008-94 Refunding Tax Sale
Certificate#484.
RESOLUTION 2008-95
TOWNSHIP OF OXFORD
SEEKING AN EXTENSION OF THE DEADLINE TO PETITION FOR
SUBSTANTIVE CERTIFICATION PURSUANT TO EXECUTIVE
ORDER 114 AND THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE HIGHLANDS COUNCIL AND THE COUNCIL ON
AFFORDABLE HOUSING
WHEREAS, on September 5, 2008, Governor Corzine
signed Executive Order 114 which requires the
Council on Affordable Housing (COAH) and the New
Jersey Highlands Council (Highlands) to enter into a
Memorandum of Understanding (MOU) designed to
coordinate the regulations of both agencies by
maximizing affordable housing opportunities while
preserving critical environmental resources; and
WHEREAS, COAH and the Highlands have prepared such
an MOU, which was adopted by COAH on October 29,
2008 and by the Highlands Council on October 30,
2008; and
WHEREAS, conformance with the Highlands Regional
Master Plan (Plan Conformance) requires revisions to
municipal and county master plans and development
regulations as applicable to the development and use
of land to align them with the goals, requirements,
and provisions of the Regional Master Plan; and
WHEREAS, COAH regulations establish a December 31,
2008 deadline for municipalities currently under the
jurisdiction of COAH to submit third round petitions
for substantive certification of a municipal housing
element and fair share plan; and
WHEREAS, the MOU establishes a procedure that
municipalities under the jurisdiction of both COAH
and the New Jersey Highlands Water Protection and
Planning Act may follow to seek an extension to the
December 31, 2008 deadline set by COAH for the
submission of third round petitions for substantive
certification of a municipal housing element and
fair share plan; and
WHEREAS, the MOU provides for an extension of the
December 31, 2008 deadline to December 8, 2009 for
any Highlands municipality under COAH’s jurisdiction
that, before December 31, 2008: 1) submits a duly
adopted Notice of Intent to Petition in accordance
with the Highlands Council’s Plan Conformance
Guidelines; and 2) submits a duly adopted resolution
notifying COAH of its intent to petition COAH no
later than December 8, 2009; and
WHEREAS, on December 10, 2008, the Township
Committee of Township of Oxford adopted a resolution
notifying the Highlands that the Township of Oxford
has set July 1, 2009, as the target date for
submission of a Petition for Plan Conformance.
NOW, THEREFORE, BE IT RESOLVED, that the Township of
Oxford hereby agrees that its deadline for the
submission of a Housing Element and Fair Share Plan
pursuant to N.J.A.C. 5:96-16 is extended from
December 31, 2008 to December 8, 2009; and
BE IT FURTHER RESOLVED that the Township Committee
of the Township of Oxford hereby directs the
Township Clerk to immediately transmit a signed and
sealed copy of this resolution to COAH; and
BE IT FURTHER RESOLVED that the Township Committee
of the Township of Oxford hereby directs the
Township Clerk to immediately transmit a signed and
sealed copy of the December 10, 2008 duly adopted
Notice of Intent to Petition in accordance with the
Highlands Council’s Plan Conformance Guidelines to
COAH; and
BE IT FURTHER RESOLVED that the Township Committee
of the Township of Oxford intends to submit a
petition for substantive certification of a third
round Housing Element and Fair Share Plan to COAH
not later than December 8, 2009.
RESOLUTION 2008-96
TOWNSHIP OF OXFORD
NOTICE OF INTENT TO PETITION THE HIGHLANDS COUNCIL
FOR PLAN CONFORMANCE
WHEREAS, the Highlands Water Protection and Planning
Act (Highlands Act), N.J.S.A. 13:20-1 et seq., finds
and declares that protection of the New Jersey
Highlands is an issue of State level importance
because of its vital link to the future of the
State’s drinking water supplies and other key
natural resources; and
WHEREAS, the Highlands Act creates a coordinated
land use planning system requiring the Highlands
Water Protection and Planning Council (Highlands
Council) to prepare and adopt a Regional Master Plan
for the Highlands Region and requiring that within
nine to 15 months after September 8, 2008, each
county and municipality located wholly or partially
in the Preservation Area must submit a Petition for
Plan Conformance to the Highlands Council for that
portion of its jurisdiction lying within the
Preservation Area; and
WHEREAS, the Highlands Act specifies that
conformance with the Regional Master Plan (Plan
Conformance) requires revisions to municipal and
county master plans and development regulations as
applicable to the development and use of land to
align them with the goals, requirements, and
provisions of the Regional Master Plan; and
WHEREAS, the Highlands Council’s Plan Conformance
Guidelines require that for jurisdictions with any
lands in the Preservation Area, a Notice of Intent
to conform to the Regional Master Plan must be
submitted to the Highlands Council as soon as
practicable, but not later than February 1, 2009 and
that for any lands in the Planning Area, a Notice of
Intent may be submitted at any time; and
WHEREAS, the Township of Oxford lies within the
Highlands Region as defined by the Highlands Act;
and
WHEREAS, the Township Committee of the Township of
Oxford believes that it is in the best interest of
the Township of Oxford to conform to the Regional
Master Plan.
NOW, THEREFORE BE IT RESOLVED, that the Township
Committee of the Township of Oxford hereby provides
the Highlands Council with this Notice of Intent to
petition the Highlands Council for Plan Conformance
for all lands lying within the Preservation Area.
BE IT FURTHER RESOLVED, this Notice of Intent
provides notice to the Highlands Council that the
Township Committee of the Township of Oxford has set
July 1, 2009, as the target date for submission of a
Petition for Plan Conformance.
On motion by Mr. Bray, seconded by Mrs. Riley and
passed unanimously on roll call vote to adopt
Resolution 2008-95 and Resolution 2008-96.
Bruce Doyle, Assistant Chief of The Oxford
Volunteer’s Fire Department asked the Committee to
finance a 2004 Durango from Smith Motors for a
four-year lease in the amount of $4,537 per year to
be used as a first response vehicle.
On motion by Mr. Accetturo, seconded by Mrs. Riley
and passed unanimously on roll call vote to pay the
four-year lease on the 2004 Durango. The Committee
requested a copy of the 2008 and 2009 Oxford
Township Fire Company’s budget and the lease
agreement for this vehicle. Mr. Doyle reassured the
Committee he would submit these documents to the
Township Clerk.
ATTORNEY’S REPORT:
Mr. Lavery stated that in reference to
Oxford/Cambridge-Mr. Finelli provided calculations
of linear feet for the streets of Oxford in relation
to the streets in Cambridge. Cambridge will review
these documents with their attorney and engineer and
get in touch with the Oxford Committee on any
changes or questions.
Oxford Textile’s attorney Lloyd Tubman contacted Mr.
Lavery and Dave Roberts. Ms. Tubman stated that
Oxford Textile would be submitting some requested
changes to the agreement to the Committee at a later
date.
ORDINANCE 2008-21
AN ORDINANCE ADOPTING A CODIFICATION AND REVISION OF
THE ORDINANCES OF THE TOWNSHIP OF OXFORD, COUNTY OF
WARREN, STATE OF NEW JERSEY; PROVIDING FOR THE
MAINTENANCE OF SAID CODE; REPEALING AND SAVING FROM
REPEAL CERTAIN ORDINANCES NOT INCLUDED THEREIN;
ESTABLISHING A PENALTY FOR ALTERING OR TAMPERING
WITH THE CODE; AND MAKING CERTAIN CHANGES IN
PREVIOUSLY ADOPTED ORDINANCES
Be it ordained and enacted by the Township Committee
of the Township of Oxford, County of Warren, State
of New Jersey, as follows:
§ 1-1. Adoption of Code.
Pursuant to N.J.S.A. 40:494, the ordinances of the
Township of Oxford of a general and permanent nature
adopted by the Township Committee of the Township of
Oxford, as revised, codified and consolidated into
chapters and sections by General Code, and
consisting of Chapters 1 through 340, together with
an Appendix, are hereby approved, adopted, ordained
and enacted as the “Code of the Township of Oxford,”
hereinafter known and referred to as the “Code.”
§ 1-2. Code supersedes prior ordinances.
This ordinance and the Code shall supersede all
other general and permanent ordinances enacted prior
to the enactment of this Code, except such
ordinances as are hereinafter expressly saved from
repeal or continued in force.
§ 1-3. When effective.
This ordinance shall take effect immediately upon
passage and publication according to law.
§ 1-4. Copy of Code on file.
A copy of the Code in loose-leaf form has been filed
in the office of the Township Clerk and shall remain
there for use and examination by the public until
final action is taken on this ordinance; and, if
this ordinance shall be adopted, such copy shall be
certified to by the Clerk of the Township of Oxford
by impressing thereon the Seal of the Township, as
provided by law, and such certified copy shall
remain on file in the office of the Clerk of the
Township, to be made available to persons desiring
to examine the same during all times while said Code
is in effect.
§ 1-5. Amendments to Code.
Any and all additions, amendments or supplements to
the Code, when passed and adopted in such form as to
indicate the intent of the governing body to make
them a part thereof, shall be deemed to be
incorporated into such Code so that reference to the
“Code of the Township of Oxford” shall be understood
and intended to include such additions and
amendments. Whenever such additions, amendments or
supplements to the Code shall be adopted, they shall
thereafter be printed and, as provided hereunder,
inserted in the loose-leaf book containing said Code
as amendments and supplements thereto.
§ 1-6. Publication; filing.
The Clerk of the Township of Oxford, pursuant to
law, shall cause this Adopting Ordinance to be
published, in the manner required, in a newspaper of
general circulation in the Township. Sufficient
copies of the Code shall be maintained in the office
of the Clerk for inspection by the public at all
times during regular office hours. The enactment and
publication of this Adopting Ordinance, coupled with
availability of copies of the Code for inspection by
the public, shall be deemed, held and considered to
be due and legal publication of all provisions of
the Code for all purposes.
§ 1-7. Code book to be kept up-to-date.
It shall be the duty of the Clerk or someone
authorized and directed by the Clerk to keep
up-to-date the certified copy of the book containing
the Code required to be filed in his or her office
for the use of the public. All changes in said Code
and all ordinances adopted subsequent to the
effective date of this codification which shall be
adopted specifically as part of the Code shall, when
finally adopted, be included therein by reference
until such changes or new ordinances are printed as
supplements to said Code book, at which time such
supplements shall be inserted therein,
§ 1-8. Sale of Code book.
Copies of the Code, or any chapter or portion of it,
may be purchased from the Clerk, or an authorized
agent of the Clerk, upon the payment of a fee
authorized by the Township. The Clerk shall also
arrange for procedures for the periodic
supplementation of the Code.
§ 1-9. Altering or tampering with Code; penalties
for violation.
It shall be unlawful for anyone to improperly change
or amend, by additions or deletions, any part or
portion of the Code or to alter or tamper with such
Code in any manner whatsoever which will cause the
law of the Township of Oxford to be misrepresented
thereby. Anyone violating this section or any part
of this ordinance shall be subject, upon conviction,
to one or more of the following: a fine of not more
than $2,000, imprisonment for not more than 90 days
or a period of community service not exceeding 90
days, in the discretion of the Judge imposing the
same.
§ 1-10. Severability of Code provisions.
Each section of the Code and every part of each
section is an independent section or part of a
section, and the holding of any section or a part
thereof to be unconstitutional, void or ineffective
for any cause shall not be deemed to affect the
validity or constitutionality of any other sections
or parts thereof.
§ 1-11. Severability of ordinance provisions.
Each section of this ordinance is an independent
section, and the holding of any section or part
thereof to be unconstitutional, void or ineffective
for any cause shall not be deemed to affect the
validity or constitutionality of any other sections
or parts thereof.
§ 1-12. Repealer.
All ordinances or parts of ordinances of a general
and permanent nature adopted and in force on the
date of the adoption of this ordinance and not
contained in the Code are hereby repealed as of the
effective date of this Adopting Ordinance, except as
hereinafter provided. Specifically, the former Code
of the Township of Oxford, adopted 12-11-1974, as
amended, republished and readopted 10-21-1993 by
Ord. No. 93-11, as amended, is hereby repealed and
replaced with the new Code of the Township of
Oxford.
§ 1-13. Ordinances saved from repeal.
The adoption of this Code and the repeal of
ordinances provided for in § 1-12 of this ordinance
shall not affect the following ordinances, rights
and obligations, which are hereby expressly saved
from repeal:
A. Any ordinance adopted subsequent to 10-15-2008.
B. Any right or liability established, accrued or
incurred under any legislative provision prior to
the effective date of this ordinance or any action
or proceeding brought for the enforcement of such
right or liability.
C. Any offense or act committed or done before the
effective date of this ordinance in violation of any
legislative provision or any penalty, punishment or
forfeiture which may result there from.
D. Any prosecution, indictment, action, suit or
other proceeding pending or any judgment rendered,
prior to the effective date of this ordinance,
brought pursuant to any legislative provision.
E. Any franchise, license, right, easement or
privilege heretofore granted or conferred.
F. Any ordinance providing for the laying out,
opening, altering, widening, relocating,
straightening, establishing of grade, changing of
name, improvement, acceptance or vacation of any
right-of-way, easement, street, road, highway, park
or other public place or any portion thereof.
G. Any ordinance or resolution appropriating money
or transferring funds, promising or guaranteeing the
payment of money or authorizing the issuance and
delivery of any bond or other instruments or
evidence of the Township’s indebtedness.
H. Ordinances authorizing the purchase, sale, lease
or transfer of property or any lawful contract,
agreement or obligation.
I. The levy or imposition of taxes, assessments or
charges or the approval of the municipal budget.
J. The dedication of property or approval of
preliminary or final subdivision plats.
K. All currently effective ordinances pertaining to
the rate and manner of payment of salaries and
compensation of officers and employees.
L. Any ordinance adopting or amending the Zoning
Map.
M. Any ordinance relating to or establishing a
pension plan or pension fund for municipal
employees.
N. The Trailers and Trailer Camps Ordinance (adopted
9-5-1953).
§ 1-14. Changes in previously adopted ordinances.
A. In compiling and preparing the ordinances for
adoption and revision as part of the Code pursuant
to N.J.S.A. 40:49-4, certain grammatical changes and
other minor changes were made in one or more of said
ordinances. It is the intention of the Township
Committee that all such changes be adopted as part
of the Code as if the ordinances so changed had been
previously formally amended to read as such.
B. In addition, the changes, amendments or revisions
as set forth in Schedule A attached hereto and made
a part hereof are made herewith, to become effective
upon the effective date of this ordinance. (Chapter
and section number references are to the ordinances
as they have been renumbered and appear in the
Code.)
C. Nomenclature and statutory references.
(1) Throughout the Code, the following changes have
been made:
(a) Township Council has been changed to Township
Committee.
(b) Board of Adjustment, Zoning Board of Adjustment
and Planning Board have all been changed to Land Use
Board.
(c) Planning Board has been changed to Land Use
Board.
(d) Zoning Board of Adjustment has been changed to
Land Use Board.
(2) In addition, outdated statutory references have
been corrected.
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 December 10, 2008 at 6:00 PM., 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 January 07, 2009 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.
ORDINANCE 2008-22
AN ORDINANCE ADOPTING A CODIFICATION AND REVISION OF
THE ORDINANCES OF THE BOARD OF HEALTH OF THE
TOWNSHIP OF OXFORD, COUNTY OF WARREN, STATE OF NEW
JERSEY; PROVIDING FOR THE MAINTENANCE OF SAID CODE;
REPEALING AND SAVING FROM REPEAL CERTAIN ORDINANCES
NOT INCLUDED THEREIN; ESTABLISHING A PENALTY FOR
ALTERING OR TAMPERING WITH THE CODE; AND MAKING
CERTAIN CHANGES IN PREVIOUSLY ADOPTED ORDINANCES
Be it ordained and enacted by the Board of Health of
the Township of Oxford, County of Warren, State of
New Jersey, as follows:
§ 350-1. Adoption of Code.
Pursuant to N.J.S.A. 40:49-4, the ordinances of the
Board of Health of the Township of Oxford of a
general and permanent nature, as revised, codified
and consolidated into chapters and sections by
General Code, and consisting of Chapters 350 through
355, are hereby approved, adopted, ordained and
enacted as Part III of the “Code of the Township of
Oxford,” hereinafter known and referred to as the
“Code.”
§ 350-2. Code supersedes prior ordinances.
This ordinance and the Code shall supersede all
other general and permanent ordinances of the Board
of Health enacted prior to the enactment of this
Code, except such ordinances as are expressly saved
from repeal or continued in force and effect
hereinafter.
§ 350-3. When effective.
This ordinance shall take effect immediately upon
passage and publication according to law.
§ 350-4. Copy of Code on file.
A copy of the Code in loose-leaf form has been filed
in the office of the Secretary of the Board of
Health and shall remain there for use and
examination by the public until final action is
taken on the Adopting Ordinance; and if the Adopting
Ordinance shall be adopted, such copy shall be
certified as provided by law, and such certified
copy shall remain on file in the office of the
Secretary of the Board of Health, to be made
available to persons desiring to examine the same
during all times while the said Code is in effect.
§ 350-5. Amendments to Code.
Any and all additions, amendments or supplements to
the Code, when passed and adopted in such form as to
indicate the intent of the Board of Health to make
them a part thereof, shall be deemed to be
incorporated into such Code so that reference to the
“Code of the Township of Oxford” shall be understood
and intended to include such additions and
amendments. Whenever such additions, amendments or
supplements to the Code shall be adopted, they shall
thereafter be
printed and, as provided hereunder, inserted in the
loose-leaf book containing said Code, as amendments
and supplements thereto.
§ 350-6. Publication; filing.
The Secretary of the Board of Health, pursuant to
law, shall cause the Adopting Ordinance to be
published, in the manner required, in a newspaper of
general circulation in the Township of Oxford.
Sufficient copies of the Code shall be maintained in
the office of the Secretary for inspection by the
public at all times during regular office hours. The
enactment and publication of the Adopting Ordinance,
coupled with availability of copies of the Code for
inspection by the public, shall be deemed, held and
considered to be due and legal publication of all
provisions of the Code for all purposes.
§ 350-7. Code book to be kept up-to-date.
It shall be the duty of the Secretary or someone
authorized and directed by the Secretary to keep
up-to-date the certified copy of the book containing
the Code required to be filed in the Secretary’s
office for the use of the public. All changes in
said Code and all ordinances adopted subsequent to
the effective date of this codification which shall
be adopted specifically as part of the Code shall,
when finally adopted, be included therein by
reference until such changes or new ordinances are
printed as supplements to said Code book, at which
time such supplements shall be inserted therein.
§ 350-8. Altering or tampering with Code; penalties
for violation.
It shall be unlawful for anyone to improperly change
or amend, by additions or deletions, any part or
portion of the Code, or to alter or tamper with such
Code in any manner whatsoever which will cause the
law of the Board of Health to be misrepresented
thereby. Anyone violating this section shall be
subject, upon conviction, to a fine of not less than
$5 nor more than $500.
§ 350-9. Severability of Code provisions.
Each section of the Code and every part of each
section is an independent section or part of a
section, and the holding of any section or a part
thereof to be unconstitutional, void or ineffective
for any cause shall not be deemed to affect the
validity or constitutionality of any other section
or parts thereof.
§ 350-10. Severability of ordinance provisions.
Each section of this ordinance is an independent
section, and the holding of any section or part
thereof to be unconstitutional, void or ineffective
for any cause shall not be deemed to affect the
validity or constitutionality of any other section
or parts thereof.
§ 350-11. Repeal of ordinances.
All ordinances of a general and permanent nature
adopted by the Board of Health and in force on the
date of the adoption of this Code and not contained
in the Code are hereby repealed as of the effective
date of this adopting ordinance, except as
hereinafter provided. Specifically, Part III of the
former Code of the Township of Oxford, adopted
12-11-1974, as amended and supplemented, is hereby
repealed and replaced with Part III of the new Code
of the Township of Oxford.
§ 350-12. Ordinances saved from repeal.
The adoption of this Code and the repeal of
ordinances provided for in § 350-11 shall not affect
the following ordinances, rights and obligations,
which are hereby expressly saved from repeal:
A. Any ordinance of the Board of Health adopted
subsequent to 12-11-1974.
B. Any right or liability established, accrued or
incurred under any legislative provision prior to
the effective date of this ordinance, or any action
or proceeding brought for the enforcement of such
right or liability.
C. Any offense or act committed or done before the
effective date of this ordinance in violation of any
legislative provision, or any penalty, punishment or
forfeiture, which may result there from.
D. Any prosecution, indictment, action, suit or
other proceeding pending, or any judgment rendered,
prior to the effective date of this ordinance,
brought pursuant to any legislative provision.
E. Any agreement, franchise, license, right,
easement or privilege heretofore granted or
conferred.
F. Ordinances authorizing the purchase, sale, lease
or transfer of property, or any lawful contract or
obligation.
0. Any provisions of an ordinance or resolution of
the Board of Health creating employments, positions
or offices and fixing salaries and duties therefore
which are not provided in the Code hereby adopted
and which are not in conflict or inconsistent
therewith, or any ordinance pertaining to the
salaries and compensation of Board of Health
officers and employees.
§ 350-13. Changes in previously adopted ordinances.
A. In compiling and preparing the ordinances of the
Board of Health for adoption and revision as part of
the Code pursuant to N.J.S.A. 40:49-4, certain
grammatical changes and other minor changes were
made in one or more of said ordinances. It is the
intention of the Board of Health that all such
changes be adopted as part of the Code as if the
ordinances so changed had been previously formally
amended to read as such.
B. In addition, the following substantive change is
made herewith, to become effective upon the
effective date of this ordinance:
(1) Ch. 355, Animals and Fowl, Domestic. In § 355-1,
the definition of “domestic animal” is hereby
amended to read as follows:
DOMESTIC ANIMAL — An animal living near the
habitations of man or by
habit or special training in association with man,
except dogs, to the extent that
they are defined and regulated by Chapter 118,
Animals.
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 December 10, 2008 at 6:00 PM., 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 January 07, 2009 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 Mr. Bray and
passed unanimously on roll call vote to introduce on
first reading Ordinance 2008-21 and Ordinance
2008-22 Providing for the Maintenance of said Code
for the Township and Board of Health.
Mr. Bray discussed the three-year shared court
proposal received from Mansfield/Washington in
regard to a shared court. Oxford Township has not
received any figures from White Township to date.
Mr. Bray stated that Oxford would save more than
$13,815.00 in the first year with
Mansfield/Washington court.
PUBLIC COMMENT:
There were questions on the budget transfer in
reference to the police budget and police overtime.
The Committee also said that they have questions on
the high figure of police overtime salaries. Mr.
Accetturo stated that this is the second resolution
passed in 2008 to transfer a total of $58,583.15
from other line items to cover police overtime,
which is in addition to the budgeted amount. The
public also asked why four officers at night must
respond to a fire call or an accident. Mr. Bray will
look into finding the answers to these questions.
Mrs. Riley stated that Oxford Township did not
receive the grant from New Jersey Department of
Transportation for the Buckley Avenue road repair.
Mr. Finelli will apply again in 2009.
Diane Cooper discussed state police and creating
regional police coverage for Oxford Township. Mr.
Bray said that, effective immediately, there would
be changes in the procedures of the Oxford Police
Department.
Mrs. Riley stated that she has been in contacted
with Dave Roberts in reference to the Smart Growth
grant. He has received an e-mail from Lorissa
Whitaker, Principal Planner with the Department of
Community Affairs, Office of Smart Growth stating
that Oxford should be receiving the remainder of the
grant in the amount of $19,000.00.
The Pequest River Municipal Utility Authority will
have a rate hearing on December 22, 2008 at 7:30 PM
at the Authority’s Administration Building on Foul
Rift Road, Belvidere. Mr. Accetturo said he would
attend.
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.
4. The public shall be excluded from the discussion
of any action upon the hereinafter-specific subject
matter.
5. The general nature of the subject matter to be
discussed is: personnel matter (police).
6. 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 and seconded by Mr.
Accetturo, to enter into Executive session at 10:15
PM.
Entered into open session at 10:37 PM on motion by
Mrs. Riley and seconded by Mr. Accetturo. No
Official Action was taken.
On motion by Mrs. Riley, seconded by Mr. Accetturo
and passed unanimously on roll call vote to
authorize Mr. Bray to contact Mansfield Township to
be included into the regionalization study.
On motion by Mr. Bray, seconded by Mr. Accetturo and
passed unanimously on roll call vote to approve all
the bills listed on the Bill List.
On motion by Mr. Accetturo, seconded by Mr. Bray and
passed unanimously in roll call vote to adjourn the
meeting at 10:45 PM.
___________________________
Sheila L. Oberly, RMC
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