TOWNSHIP MEETING

JANUARY 20, 2010

The regular scheduled meeting of the Mayor and Committee of the Township of Oxford was held on January 20, 2010 in the Township Municipal Building, 11 Green Street, Oxford, New Jersey.

Mayor Niece announced that the meeting had been properly advertised in compliance with the OPMA of 1975 and called the meeting to order at 7:07 PM.

In attendance were Donald Niece, Bonnie Riley, William Bray, Michael
Finelli, Kevin Benbrook and Sheila L. Oberly.

Everyone stood and recited the flag salute.

Mr. Niece stated that the December, 2010, Tax and Sewer reports are
available in the back of the room


ORDINANCE 2010-01

AN ORDINANCE TO INCREASE THE LOCAL GOVERNMENT CAP LAW
NJS 40A:4-45.1 et seq TO THREE AND ONE-HALF PERCENT OVER THE
PREVIOUS YEAR’S FINAL APPROPRIATIONS

WHEREAS, the Local Government Cap Law NJS 40A;4-45.1 et seq., provides that in the preparation of its annual budget, a municipality shall limit any increase in said
budget to two and one-half percent (2.5%) unless authorized by ordinance to increase it to three and one-half percent (3.5%) over the previous year’s appropriations, subject to certain exceptions: and

WHEREAS, NJSA 40A:4-45.15a provides that a municipality may, when
authorized by ordinance, appropriate the difference between the amount of its actual final appropriation and the three and one-half (3.5%) percentage rate as an exception to its final appropriations in either of the next two succeeding years; and

WHEREAS, the Governing Body of the Township of Oxford in the County of Warren finds it advisable and necessary to increase its 2010 budget by up to three and one-half (3.5%) over the previous year’s final appropriations, in the interest of promoting the health, safety and welfare of the citizens; and

WHEREAS, the Governing Body hereby determines that a three and one-half percent (3.5%) increase in the budget for said year, amounting to $67,289.75 in excess of the increase in final appropriations otherwise permitted by the Local Government Cap Law, is advisable and necessary.
WHEREAS, the Governing Body of the Township of Oxford hereby determines that any amount authorized hereinabove that is not appropriated, as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years.

NOW THEREFORE BE IT ORDAINED, by the Governing Body of the Township of
Oxford, in the County of Warren, a majority of the full authorized
membership of this
governing body affirmatively concurring that, in the 2010 budget year,
the final
appropriations of the Township of Oxford shall, in accordance with the
ordinance and
NJSA 40A:4-45.14 be increased by 3.5%, amounting to $67,289.75 and that the 2010 municipal budget for the Township of Oxford be approved and adopted in accordance with this ordinance; and

BE IT FURTHER ORDAINED, that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an
exception to final appropriation in either of the next two succeeding years; and,

BE IT FURTHER ORDAINED, that a certified copy of this ordinance as
introduced be filed with the Director of the Division of Local Government Services within five (5) days of introduction; and

BE IT FURTHER ORDAINED, that a certified copy of this ordinance upon
adoption, with the recorded vote included thereon, be filed with said Director within five (5) days after such adoption.

NOTICE IS HEREBY GIVEN, that the above entitled ordinance was approved on first reading at a meeting of the Township Committee of the Township of Oxford held on January 20, 2010 at the Oxford Township Municipal Building at 11 Green
Street, Oxford, New Jersey. Public Hearing concerning the same will be held at a regular meeting of the Mayor and Committee on February 17, 2010, at or near 7:00 PM at the Oxford Township Municipal Building at which time all persons both for and against shall be given the opportunity to be heard concerning the same.

ROLL CALL-INTRODUCTION (January 20, 2010)

AYES: NAYS: ABSTAINED: ABSENT:
William Bray None None
None
Bonnie Riley
Donald Niece

On motion by Mr. Niece, seconded by Mrs. Riley and passed unanimously on
roll call
vote to adopt on first reading Ordinance 2010-01. The second reading,
public hearing
will be on February 17, 2010 at 7:00 PM.


ORDINANCE 2010-02

AN ORDINANCE ON DUMPSTERS, ROLL-OFFS, AND DROP BOXES
WHEREAS, property owners cause the repair, improvement, alteration,
expansion and
addition to real property within the Township Oxford; and

WHEREAS, the Township of Oxford recognizes such work as necessary to
ensure the
quality of our housing stock, maintenance and increase in value of real
property and to
provide for additional property tax revenue to support vital public
services; and

WHEREAS, such work sometimes requires the use of Dumpsters, roll-off-
containers
and or drop boxes for the orderly collection and removal of trash, waste,
and debris; and

WHEREAS, properties exist within the Township of Oxford that do the
presence of steep grades, limited front, side or rear yard setbacks, and or the lack
of a driveway or the design or nature of the project prevents the placement of Dumpsters, roll-off-containers or drop boxes on the affected property; and

WHEREAS, in such instances a public benefit exists to allow such property owners to utilize township streets, alleyways, rights-of-way, sidewalks or any other public thoroughfares for the temporary placement of Dumpsters, roll-off-containers and or drop boxes; and.

NOW THEREFORE, the Township of Oxford adopts the following regulations to allow for the issuance of permit to allow property owners to temporarily place Dumpsters, roll-off-containers and or drop boxes within township streets, alleyways,
sidewalks, rights-of-way or other public thoroughfare.

Dumpsters, roll-offs, and drop boxes.
A. No dumpsters, roll-offs, or drop boxes may be placed upon any township street, alleyway, sidewalk, rights-of-way or other public thoroughfare without
first obtaining a permit from the township engineer.
B. Before a permit is issued, application must be made upon the forms
provided by the township engineer. The application must include specific details as to
the location of the container and must be accompanied by a valid construction or demolition permit.

C. Such permits are only issued to persons or corporations engaging in
construction or demolition projects, which have been properly authorized, by the division
of inspections.
D. The township engineer may attach conditions to the permit to ensure
the health,
welfare and safety of the pedestrians and motorists.
E. All containers are clearly marked with the owner’s name, address and business phone number, and are equipped with reflectors on each side of the container.

F. Each permit specifies the name and residence of the applicant, the
place and places where the container is to be located, and the time period for
which the permit is valid. Additionally, the permit must be visibly exhibited, must be in the
possession of the parties at the site and must be exhibited to the township engineer or his or her authorized representative upon request. No such permit is valid except for the place and time specified.

Such permits are valid for an effective period, not to exceed
fifteen (15) consecutive calendar days, to be determined and specified
thereon by the township engineer. Such effective period may be extended, if so requested in writing by the permittee prior to the expiration, for such additional period not exceeds fifteen (15) additional days.

No such permit shall be extended beyond thirty (30) consecutive
calendar days expect by a majority vote of the governing body. However, no such permit may be extended beyond three (3) consecutive months nor more then six (6) months in any twelve (12) month period.

I. The township engineer shall have the right to revoke or cancel the
permit at any time should the permittee fail to comply with any of the terms, agreements, covenants and conditions thereof.

J.?This permit is not signed or transferred except upon the prior written
consent of the township engineer.

Each applicant for permit shall pay fifty dollars ($50.00) for the
purpose of the issuance of a permit for the public right-of-way.

Any property owner utilizing any township street, alleyway, sidewalk,
rights-of-way or other public thoroughfare for the placement of a Dumpster, roll-off-container, and or drop box upon the effective date of this ordinance shall apply to the township engineer for a permit specified within and shall comply with all of the regulation of this ordinance. Any such container shall be considered a new placement with respect to time limits set in section H.

Violation--Penalties.

A. Any person/persons, partnership, association or corporation
performing/causing to be performed any work contrary to the provisions of this chapter is subject, for each offense, a fine of at least one hundred dollars ($100.00), but not to exceed one thousand dollars ($1,000.00) and may be subjected to a period of imprisonment not to exceed ninety (90) days, or to community service not to exceed ninety (90) days. Each violation of any provision of this chapter is a separate and distinct violation and, in case of a continuing violation, every day's continuance thereof is deemed to be a separate and distinct offense. The township engineer is authorized to enforce the provisions of this
chapter, which includes but is not limited to, issuing all notices and orders to abate violations and issuing all summonses.
?
On motion by Mrs. Riley, seconded by Mr. Bray and passed unanimously on roll call vote to adopt on first reading, Ordinance 2010-02. Second reading, public hearing will be held on February 17, 2010 at 7:00 PM.

On motion by Mr. Niece, seconded by Mr. Bray and passed unanimously on roll call vote to appoint Donna Zimmerman as a Class IV member to the Land Use Board, with a term expiring December 31, 2011.

On motion by Mrs. Riley, seconded by Mr. Bray and passed unanimously on roll call vote to approve the Oxford Historical Society request to hold a meeting in the Oxford Municipal Building on February 16, 2010 from 7:00 PM to 9:30 PM.

ENGINEER’S REPORT

Mr. Finelli stated that he sent a letter on January 14, 2010, to Eileen
Swan, Executive Director of the Highlands Council amending the petition for plan conformance that was filed to the Highlands by the December 8, 2009 deadline. This petition is specific to Oxford Textile (OTI) and the redevelopment potential and ability of the OTI property. There has been no response to Mr. Finelli’s letter from the Highlands Council to date. Mr. Finelli said that the next milestone event to occur is the submission of Module III, which is the Housing Element under the Highlands Act. A draft must be submitted by March 1, 2010 to the Highlands Council and separate from the Highlands Act, The Housing Element Fair Share Plan, Third Round COAH, must be submitted by June 8, 2010.

Mr. Finelli said that the Township has a very important deadline of June
8, 2010 for submission of The Third Round Housing Element Fair Share Plan per the third round COAH rules.

Mr. Finelli stated that he solicited and talked to three planners in
reference to the request for proposals (REP) for professional services associated with both the Highlands Plan Conformance process: Module 3 and the Council on Affordable Housing (COAH) requirement for the submission of a Housing Element and Fair Share Plan. He said that he only received two proposals: CMX and Clarke, Caton, Hintz. Mr. Finelli read the two proposals, Clarke, Caton, Hintz proposal is for $18,500.00 and CMX proposal reads not to exceed $11,000.00. Mr. Finelli estimated that the Highlands grant should cover at least 50% of this cost.

The Committee and Mr. Finelli discussed that CMX, (Schoor DePalma) did
the Township’s last redevelopment plan, worked with OTI and is very familiar with the Township.

On motion by Mr. Niece, seconded by Mr. Bray and passed unanimously on roll call vote to accept CMX, January 15, 2010 proposal to do the Master Plan
Housing Element and Fair Share Plan for the Township.

Mr. Finelli and the Committee discussed what the next step would be in
order to clean up 50 Wall Street.

Mr. Finelli talked to Robert Venitelli, of Environmental Services about
what the next step would be to start the clean up on 50 Wall Street. Mr. Finelli said
that we need a more refined estimate and then the Committee will need to review the cost and decide if the Township wants to bond the clean up. Mr. Benbrook will review the
options available to the Township and will readdress this issue at the February 17, 2010 meeting.

Loraine May distributed paperwork to the Committee about Mr. Kellner,
owner of Oxwall, stating that his home is up for sheriff’s sale on February 9, 2010 and asked if this would impact the agreement that he has with the Township for the clean up on 50 Wall Street if he declares bankruptcy.

ATTORNEY REPORT

Mr. Benbrook said he has talked to Mr. Lavery and he will be forwarding
all the information and files to him. He will also review the Cambridge East litigation and report all the up dates at the next meeting on February 17, 2010.

Mr. Bray explained the sick time pay out as per the PBA contract. He
stated that an officer would be entitled to $10,000.00 maximum per police officer, and at this time the total would be $20,000.00. He stated that the officers would not be entitled to a sick time pay out and carrying sick days over to Washington Township, the
officers cannot do both.

Mr. Niece read a letter from the Warren County Garden Club requesting to use the Municipal Building during the day. The Committee stated that they have received complaints stating that the club was disruptive and did not clean up the meeting room before they left. Mrs. Riley said that the Committee is going to set up some type of practice, procedures or policy that would deal with any group requesting to use the building.

On motion by Mr. Niece, seconded by Mr. Bray and passed unanimously on roll call vote to decline the request to use the building because at this time, the Committee is reevaluating the building usage procedures.

Mr. Niece said that he had a conversation with George Baldwin, Mansfield Township in regard to a request from Washington Borough to join Mansfield, Washington Township and Oxford Municipal Court. If Washington Boro joins the court, it is estimated that Oxford will save an additional $300.00 to$ 400.00 on the shared court. Mr. Benbrook said at the next meeting he would bring a ratifying resolution to be entered into the minutes.

On motion by Mrs. Riley, seconded by Mr. Bray and passed unanimously on roll call vote that there is no objection to Washington Borough joining the shared court and agreed to sign the agreement when received.

Mr. Finelli said that another item that needs to be discussed is the
fairly extensive dam inspection and report submission to NJDEP. He stated that $20,000.00 should be budgeted in 2010 in order to do the report.

Mr. Niece said he received a letter and application from the Department
of Land Preservation, with a request from the Warren County Municipal and Charitable Conservancy Trust Fund Committee, asking for a representative from Region 4 (Oxford, Washington Borough, Franklin and Washington Township) be appointed to the Committee. This is a two-year term and is rotated among the
aforementioned municipalities.

Mrs. Riley said she would be interested, and will submit an application
to the Department of Land Preservation.

On motion by Mr. Niece, seconded by Mr. Bray and passed unanimously on roll call vote to nominated Bonnie Riley to fill this position.

On motion by Mr. Bray, seconded by Mr. Niece and passed unanimously on roll call vote to approve a 2010 season family pass to Oxford Furnace Lake to be included in the PTO’s Tricky Tray to be held on April 17, 2010. Mrs. Riley stated that
she would send the lake pass to the PTO for their Trick Tray.

RESOLUTION 2010-23

RESOLUTION OF THE TOWNSHIP OF OXFORD, COUNTY OF WARREN AND
STATE OF NEW JERSEY REQUESTING THE WARREN COUNTY
FREEHOLDERS PLACE A FREEZE ON THE COLLECTION OF OPEN SPACE
TAX FOR THE YEAR 2010

WHEREAS, in the November election in 1993 the voters of the County of
Warren approved by a non-binding referendum to raise property taxes by a rate of $.02 per $100 of equalized real property valuation to provide dedicated revenue for land acquisition. Again in 1999 a similar referendum was asked of the citizens of Warren County to increase the tax by an additional $.02 allowing the Freeholders to collect $.04 per $100 of assessed property value. In 2002 another $.02 was approved by the voters allowing the Freeholders to collect $.06 per $100 of assessed property value; and

WHEREAS, the Township of Oxford has since 2005 paid the County of Warren an open space tax that has totaled to date approximately $662,115.16.00; and

WHEREAS, in addition to the Township of Oxford, Warren Counties twenty-one other municipalities have also paid Open Space Tax; and
WHEREAS, the County of Warren has established The Agriculture Development Board, The Board of Recreation Commissioners and The Municipal and Charitable Conservancy Trust Fund Committee all of whom have a primary purpose of funding projects in accordance with N.J.S.A. 40:12-15.1 et seq.; and

WHEREAS, over the years these boards have provided funding for eligible
projects such as acquisition of open space, recreation, farmland and historic preservation; and

WHEREAS, although the Township of Oxford supports the conservation of open space, the protection of our natural resources and the necessity of preserving
our historic sites, it is the state of the economy compounded by the State of New Jersey’s budget deficit that every municipal government will be faced with a difficult budget process due to uncertain municipal aid, decreasing revenues and increasing mandates.

NOW, THEREFORE, BE IT RESOLVED, by copy of the Resolution to each Warren County Municipality, the Township of Oxford requests the Warren County Freeholders to provide relief to each municipality by placing a freeze on the collection of the Open Space Tax for the year 2010.

On motion by Mrs. Riley, seconded by Mr. Bray and passed unanimously on roll call vote to adopt Resolution 2010-23.

PUBLIC COMMENT

Mr. Bray and Peggy Hissim discussed what the benefits would be to the
Township, of
selling the Oxford Emergency Squad and Oxford Firehouse to a developer
and building a municipal complex on the Coachlight property. Mr. Bray stated that this is just an idea for residents to consider in the future.

Loraine May told the Committee that Diane Hooper had to leave the
meeting, but wanted to put on the record that the litigation between the Township and Cambridge has been ongoing for three years.

Ms. May asked how much money the Township will be saving on the police merger. Mr. Bray answered that; Oxford Township will be saving over one million dollars over the period of the seven year contract.

A resident on Church Street informed the Committee that there are a lot
of people going
the wrong way on this one way street. She considered this very dangerous and requested a bigger sign be posted at the end of Church Street. Mr. Niece said he will talk to Lou Accetturo, Supervisor of the DPW in regard to posting a bigger “One Way” sign.

End of Public Comment

On motion by Mr. Bray, seconded by Mrs. Riley and passed unanimously on roll call vote to pay all the bills listed on the “Bill List” for January 20, 2010.

EXECUTIVE SESSION

WHEREAS, Section 8 of the Open Public Meeting Act, Chapter 231, P.L.
1975, permits the exclusion of the public from a meeting in certain circumstances, and

WHEREAS, this public body is of the opinion that such circumstances
presently exist.
The public shall be excluded from the discussion of any action upon the
hereinafter-specific subject matter.

The general nature of the subject matter to be discussed is: one
personnel matter. 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. Niece, seconded by Mrs. Riley and passed unanimously on roll call vote to enter into Executive Session at 9:30 PM.

On motion by Mr. Bray, seconded by Mrs. Riley and passed unanimously on roll call vote to enter into open session at 9:50 PM.

Mr. Bray said he will talk to Donna Lamonaco police secretary, to ask her
to work the first two weeks in February, in order to help Washington Township for a
smooth transition in the merger.

On motion by Mr. Niece, seconded by Mr. Bray and passed unanimously on roll call vote to adjourn the meeting at 10:00 PM.

_______________________

Sheila L. Oberly, RMC