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Minutes of Wantage Township Mayor & Committee
November 29, 2007

MINUTES OF THE WORKSHOP SESSION AND THE REGULAR MEETING OF THE MAYOR AND COMMITTEE OF THE TOWNSHIP OF WANTAGE, HELD AT THE WANTAGE TOWNSHIP MUNICIPAL BUILDING, 888 STATE HIGHWAY 23, WANTAGE, N.J. ON THE DATE OF NOVEMBER 29, 2007

Mayor William DeBoer called the workshop session of the Mayor and Committee of the Township of Wantage to order, and requested the Clerk to call the roll. Upon roll call, the following members of the governing body were present: Mayor DeBoer, Committee members Parrott and Space. The following member was absent: None.

Mayor DeBoer stated, “This meeting is being held in compliance with the provisions of the Open Public Meetings Act, Public Laws 1975, Chapter 231. It has been properly noticed and posted to the public, and certified by the Clerk."

Mayor DeBoer led the assembly in the Salute to the Flag.

Also present were Rudy Solar, Mike Garrett, Victoria Gill, Doug Ricker, and Tom Davis of the Open Space Advisory Committee. Advisory Committee members Scott Sargent and Ken Nelson were unable to attend. Melissa Rockwell, Wantage Township Tax Assessor and Clara Nuss, Committeeperson-Elect, were also present.

Mr. Doherty advised that the Morris Land Conservancy is proceeding with the open space plan and the purpose of tonight’s meeting is to identify areas where the Township would be most interested in preserving open space. Mr. Doherty advised that he is in negotiation for two tracts of land; one owned by Forum Homes adjacent to Woodbourne Park where the owner might be willing to sell the land to Wantage Township rather than build an already approved 26-unit development. The price being negotiated is above market price per a market analysis performed by a representative for Wantage Township, but below the owner’s present asking price as well as the 3 year build-out value for the property.

The other tract of land is owned by Route 565 Land Associates, currently located in a Mt. Laurel housing zone, which should not be an issue for acquisition for open space. Mr. Parrott recused himself from any discussion regarding this site. Mr. Solar asked if the Mt. Laurel area must be replaced if this tract was acquired for open space preservation. Mr. Doherty indicated
that it will be rezoned in accordance with requirements of COAH.

Mr. Doherty presented a map that Morris Land Conservancy had prepared and asked those present to make any corrections or comments regarding the map as presented. Lengthy discussion took place regarding the map and possible areas for future open space presentation. A consensus was reached regarding continuing negotiations regarding the Forum Homes site.

Mayor DeBoer opened the meeting to the public for any questions or comments.

As there was no one from the public wishing to address the Committee, Mayor DeBoer closed the meeting to the public.

Mr. Space moved to adjourn the workshop session. Mr. Parrott seconded the motion. Upon roll call,
Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mayor DeBoer declared this work shop to be adjourned and called a short recess.


Mayor William DeBoer called the Regular meeting of the Mayor and Committee of the Township of Wantage to order, and requested the Clerk to call the roll. Upon roll call, the following members of the governing body were present: Mayor DeBoer, Committee members Parrott and Space. The following member was absent: None. Also present: Township Attorney Michael Garofalo

Mayor DeBoer stated, “This meeting is being held in compliance with the provisions of the Open Public Meetings Act, Public Laws 1975, Chapter 231. It has been properly noticed and posted to the public, and certified by the Clerk."

Mayor DeBoer led the assembly in the Salute to the Flag.

CONSENT AGENDA
Mayor DeBoer requested that the members of the Committee Review the Consent Agenda. There being no Committee member present wishing to comment on the proposed Consent Agenda, Mayor DeBoer requested approval of the Consent Agenda.

APPLICATIONS
Mr. Space moved to approve Bingo Application BA08-02 to Beemerville Fire Department, to conduct Bingo on various dates in the year 2008. Mr. Parrott seconded the motion.
Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Space moved to approve Raffle Application RA08-03 to High Point Wildcat Booster Club, to conduct Off-Premise 50/50 Raffle on 2/29/08 at 299 Pidgeon Hill Road. Mr. Parrott seconded the motion. Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Space moved to approve Raffle Application RA08-04 to High Point Wildcat Booster Club, to conduct On-Premise 50/50 Raffle on 1/25/08 at 299 Pidgeon Hill Road. Mr. Parrott seconded the motion. Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Space moved to approve Bingo Application RA08-05 to High Point Wildcat Booster Club, to conduct Bingo on 1/25/08 at 299 Pidgeon Hill Road. Mr. Parrott seconded the motion. Upon roll call,
Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

REPORTS
Mr. Space moved to approve the Bi-annual Dog Census of the Animal Control Officer for filing. Mr. Parrott seconded the motion. Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

RESOLUTIONS
Mr. Space moved to approve Renewal of Animal Control and Dog Pound Interlocal Services Contracts with Hamburg Borough for the year 2008.
Mr. Parrott seconded the motion. Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Space moved to approve Renewal of Animal Control and Dog Pound Interlocal Services Contracts with Montague Township for the year 2008.
Mr. Parrott seconded the motion. Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Space moved to approve Renewal of Animal Control and Dog Pound Interlocal Services Contracts with Town of Newton for the year 2008.
Mr. Parrott seconded the motion. Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

RESOLUTIONS
Mr. Space moved to authorize Change Order No. 2 to the contract for Recreation Facilities at Woodbourne Park Phase IV, to Earth-Tec Associates, adjusting the contract price from the Original Contract amount of $159,479.25 to the final contract price of $155,763.25. Mr. Parrott seconded the motion. Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Space moved to authorize refund of funds associated with Block 136 Lot 10.01 Q0106, involving a tax overpayment, of $13,647.90 to National City Mortgage Co.
Mr. Parrott seconded the motion. Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Space moved to authorize refund of funds associated with Block 44 Lot 12, involving a state tax appeal, in the amount of $5,612.40 to Michael I. Schneck, Trustee for Regency at Sussex.
Mr. Parrott seconded the motion. Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Space moved to authorize refund of funds associated with Block 14 Lot 30.13, involving a tax overpayment, of $1,589.60 to Lien Times LLC.
Mr. Parrott seconded the motion. Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Space moved to authorize refund of funds associated with Block 96 Lot 22, involving a tax overpayment, of $1,397.98 to Carlson, Eric & Zotynia, Megan.
Mr. Parrott seconded the motion. Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Space moved to authorize refund of funds associated with Block 143 Lot 10.02, involving a tax sale premium, of $8,000.00 to Elliot-Lobe-Keogh Plan.
Mr. Parrott seconded the motion. Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Space moved to authorize refund of funds associated with Block 33 Lot 3, involving a tax overpayment, of $2,324.39 to Sophie Soder. Mr. Parrott seconded the motion. Upon roll call,
Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Space moved to authorize refund of funds associated with Block 132 Lot 1.05, involving a tax overpayment, of $808.88 to Eladio & Perez Ortiz.
Mr. Parrott seconded the motion. Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Space moved to authorize refund of funds associated with Block 132 Lot 1.05, involving a refund of driveway bond 2007-DW-07, of $2,500.00 to Crothers Construction.
Mr. Parrott seconded the motion. Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Space moved to authorize refund of funds associated with Block 152 Lot 8.01, involving the balance of a traffic study deposit and a seeding and haying deposit, amounting to $43.89 for TS-04-02 and $2,500.00 for SH-05-09 to Stephen Parry.
Mr. Parrott seconded the motion. Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

RESOLUTIONS
Mr. Space moved to authorize refund of funds associated with land use applications listed below, involving refunds of escrow funds:

L-05-2004 to Omnipoint Communications in the amount of $6.82
L-05-2005 to Christie Development in the amount of $6.25
L-06-2005 to John Maione in the amount of $19.30
L-19-2005 to Donald Patlen in the amount of $1,281.19
L-25-2006 to Melissa & Gerald Wildrick in the amount of $9.00
L-24-2006 to The Great Atlantic & Pacific Tea Company in the amount of $350.00

ADMINISTRATOR’S REPORT

Mayor DeBoer requested Mr. Doherty to give the Administrator’s report.

Letter from NJDCA Announcing Award of Loan: Mr. Doherty informed the Committee of a $50,000 Loan award to Wantage Township First Aid Squad for Building expansion project: 2% interest for 10 years. Mayor DeBoer will advise regarding the status of project and when the First Aid Squad is in a position to apply for the loan.

Vehicle Washing Procedures: Mr. Doherty advised the Committee that New Stormwater Permit regulations will require Wantage Township to review options for handling the fleet vehicle washing of municipal vehicles. Mr. Doherty is seeking interlocal partners with surrounding towns for a joint project to reduce cost, as well as review possible joint projects with county or state level.

Letter from Colts Neck regarding Mount Laurel Obligations: Mr. Doherty informed the Committee that 25 municipalities would like to join forces requesting the State to amend their policy regarding the Mt. Laurel areas, and will keep the Committee informed of any updates regarding this progress.

Disposition of 1981 Ford Fire Pumper: With delivery of new Pumper, the 1981 Pumper is no longer needed. The Committee agreed by consensus to return title to the Colesville Fire Department for the sum of $1.00 so Colesville can retain the salvage value of this vehicle.

ATTORNEY’S REPORT

Mayor DeBoer requested Mr. Garofalo give the Attorney’s report. Mr. Garofalo asked for a brief executive session at the end of the meeting regarding the CJS litigation.

COMMITTEE REPORTS

Mr. Parrott informed the Committee that he received correspondence regarding an accident on November 2, 2007 on Wantage School Road where a resident suffered property damage as a result of a drunk driver. Mr. Doherty will ask the Township Engineer and Mr. Wagner to go to the property and see the best way protect this property from future damage.

Mr. DeBoer informed the Committee that the Wantage First Aid Squad would be purchasing a First Responder Vehicle and would like the Township to add it to the Township’s current insurance policy which covers the existing Wantage Township First Aid Squad Vehicles. The Committee agreed and suggested that a written use policy be adopted by the First Aid Squad to cover this new vehicle.

OLD BUSINESS

Co-Signing of Loan for Friends of Lake Neepaulin

Mayor DeBoer, Mr. Space and Mr. Parrott informed the Friends of Lake Neepaulin that although they first had reservations regarding the request to co-sign a loan to repair the Lake Neepaulin Dam, upon further review and evaluation it has become clear that preserving the integrity of the Lake Neepaulin Dam is a responsibility that holds public safety, economic, and environmental repercussions for the entire Wantage Township community.

The members of the governing body reviewed, for the public record, the following points of discovery and conclusion from their review of this topic:
  1. The hydrology of the area would be adversely affected if Lake Neepaulin were drained; this could have a domino effect on private wells within the Lake Neepaulin community and surrounding neighborhoods.
  2. The property values of homes in the Lake Neepaulin community would be adversely affected if Lake Neepaulin were drained; again, this could have a domino affect of negative impact for many households throughout Wantage Township.
  3. Homeowner insurance would be negatively affected for homeowners within and around the Lake Neepaulin community if the Lake were drained.
  4. Firefighting capability of over 700 homes would be negatively affected if Lake Neepaulin were to be drained.
  5. The negative environmental impact of draining the lake would have drastic consequences for the flora and fauna of the Township, impacting the entire ecosystem for that section of the Township, and could have negative impacts in terms of increased mosquito infestations and other insects in a swampy environment.

Mr. Parrott moved to authorize Wantage Township to co-sign a loan with Friends of Lake Neepaulin for dam repairs. Mr. Space seconded the motion. Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Outdoor Furnaces

Ed Vander Berg, Wantage Construction Official, recommended that Wantage Township should regulate outdoor furnaces to require a zoning permit as an accessory structure which also require a construction permit. Mr. Vander Berg further suggested that this would apply to any future installation of outdoor furnaces; most pre-existing structures have already been dealt with as units of a personal dwelling. Upon review and consideration, the members of the governing body agreed with Mr. Vander Berg’s recommendations and authorized Mr. Garofalo to prepare an appropriate ordinance to implement these recommendations.

NEW BUSINESS

Final Adoption of Ordinance 2007-16: Sign Regulations

Mr. Space made a motion to adopt on final reading Ordinance 2007-16, entitled “AN ORDINANCE AMENDING THE WANTAGE TOWNSHIP LAND USE REGULATIONS, SPECIFICALLY CHAPTER XIII, THE ZONING ORDINANCE, TO AMEND AND CONSOLIDATE THE REGULATIONS FOR SIGNS THROUGHOUT THE TOWNSHIP”. Mr. Parrott seconded the motion.

Prior to final roll call, Mayor DeBoer opened the meeting to the public for any comments regarding this ordinance. Mr. Jim Smith, Chairman, Wantage Township Land Use Board, informed the Committee that Mr. Edward Mainardi Jr., owner of Mainland Companies, has brought some input regarding this proposed ordinance that would be relevant and worthwhile to consider prior to final adoption, and suggested that the ordinance be sent back to the Land Use Board so that these suggestions could be properly reviewed. The Mayor and Committee thanked Mr. Mainardi for the due diligence reflected in his comments regarding this ordinance. Since there was no one from the public who wished to come forward, Mayor DeBoer closed the meeting to the public.

Mr. Doherty informed the governing body that, given the fact that the Land Use Board would not be meeting in the month of December, it would not be possible to adopt this ordinance in calendar year 2007. Mr. Garofalo informed that it was not allowable for a governing body to introduce an ordinance in one year and adopt it in the next year. Mayor DeBoer suggested, given these circumstances, that it would be best to simply defeat the proposed Ordinance tonight and start again with a clean slate in January.

Mr. Space moved to defeat Ordinance 2007-16.
Mr. Parrott seconded the motion. Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Final Adoption of Ordinance 2007-19: Municipal Housing Liaison

Mr. Space made a motion to adopt on final reading Ordinance 2007-19, entitled “AN ORDINANCE TO CREATE THE POSITION OF MUNICIPAL HOUSING LIAISON FOR THE PURPOSE OF ADMINISTERING THE TOWNSHIP OF WANTAGE’S AFFORDABLE HOUSING PROGRAM PURSUANT TO THE FAIR HOUSING ACT”. Mr. Parrott seconded the motion.

Prior to final roll call, Mayor DeBoer opened the meeting to the public for any comments regarding this ordinance. Since there was no one from the public who wished to come forward, Mayor DeBoer closed the meeting to the public. Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Parrott moved to name David Troast as the Wantage Township Municipal Housing Liaison. Mr. Space seconded the motion. Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Approval of Minutes

Mr. Parrott made a motion to approve the minutes of the Regular and Executive session minutes of the meeting of the Mayor and Committee of the Township of Wantage held on November 8, 2007. Mr. DeBoer seconded the motion. Upon Roll call: Ayes: DeBoer, Parrott Nays: None Absent: None Abstain: Space

Mr. Space made a motion to approve the minutes of the Special Meeting held on November 12, 2007. Mr. Parrott seconded the motion. Upon Roll call: Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

OPEN PUBLIC SESSION

Mayor DeBoer opened the meeting to the public for any questions or comments.

Doug Ricker, 91 Beemer Road asked if outdoor furnaces would be taxed. Mr. Ricker was informed that they would not be taxed separately.

Joyce Steinbacher, Lake Neepaulin, asked Mr. Doherty what the next step was for Lake Neepaulin regarding the loan for dam repairs. Mr. Doherty informed her that an ordinance would have to be drafted, the special assessment set up, a meeting will scheduled with the engineers. Mr. Doherty will contact Ms. Steinbacher in regard to these events. Ms. Steinbacher thanked the Committee for agreeing to co-sign the loan.

Mr. Ricker congratulated the Committee for listening to everyone before making a decision.

Mrs. Willard DeGroat asked what a resident has to do to have a cell tower constructed on their property. Mike Cecchini, Wantage Land Use Board, informed Mrs. DeGroat that the utility companies decide which sites they would be interested in and the Township has no input into that decision and suggested that she contact the utility companies to make them aware of her willingness to make her property available to them.

Being no one else from the public wishing to address the Committee, Mayor DeBoer closed the meeting to the public.

EXECUTIVE SESSION

Mr. Space made a motion to enter into executive session as follows:
WHEREAS, the Open Public Meetings Act, P. L. 1975, Chapter 231 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; NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Committee of the Township of Wantage, that the public shall be excluded from discussion of the following matter: CJS Litigation. BE IT FURTHER RESOLVED that Minutes will be kept on file in the municipal clerk’s office, and once the matter involving the confidentiality of the above no longer requires that confidentiality, then the minutes shall be made public.
Mr. Parrott seconded the motion. Upon roll call, Ayes: Parrott, DeBoer, Space Nays: None Absent: None Abstain: None

After meeting in closed executive session, the members of the governing body returned to open session and continued with the regular order of business.

There being no other items for consideration at this time, Mr. Space moved to adjourn the meeting. Mr. Parrott seconded the motion. Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mayor DeBoer declared this meeting to be adjourned.

_________________________________
James R. Doherty, Administrator/Clerk



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