MINUTES OF THE 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 SEPTEMBER 13, 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. Also present: High Point Regional High School Representatives: John Hannum, Steven Kepnes, Edward Vander Berg, Scott Merkel, and Robert Shevlin.

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.

Mayor DeBoer invited representatives from High Point Regional High School to provide an update on recent events at the high school. Mr. Steven Kepnes, Business Administrator explained that recent improvements included a new press box in the athletic complex, the new renovated auditorium.

Mayor DeBoer asked about this year’s enrollment. Mr. Kepnes stated that enrollment is at 1340, slightly down from approximately 1360 last year. Mr. Kepnes explained that although results of the June 30, 2007 audit have not been completed, he is hopeful that there will be excess revenues over expenditures to help lower the tax burden for the 2008-2009 school budget. Mr. Kepnes asked if another speed limit sign be posted on Pidgeon Hill Road between the first sign and the school.

Mayor DeBoer asked for a follow up on efforts to address gang activity discussed at earlier update meetings. Mayor DeBoer was informed that there was not a problem with gangs in the high school, but with gangs within Sussex County. Staff received training to identify at risk students, and HPRHS feels it is best to focus energies on prevention.

Dr. John Hannum, Superintendent, updated the Committee regarding the teacher’s union decision to make a vote of “No confidence” in his regard as Superintendent. Dr. Hannum expressed his belief that the said vote was without merit, but in the interest of proper procedure he has requested the Board of Education to conduct a full fact finding investigation regarding the concerns raised. Dr. Hannum expressed confidence that the outcome of this investigation will exonerate him from the allegations made. The Mayor and Committee and the Township Administrator expressed their full confidence in Dr. Hannum. Mr. Vander Berg stated that he would bring their opinions back to the Board of Education.

Dr Hannum expressed his gratitude and gave a brief presentation regarding future plans to improve adequate yearly progress in the “no child left behind” law and the problems with that law. Dr. Hannum invited the Mayor and Committee to attend the dedication of the Athletic Complex to Art Smith, Former Superintendent, in a ceremony to be held prior to the homecoming game on October 20, 2007.

Mr. Doherty requested that any student in need of community service should contact him for assignment to the Wantage Township Dog Pound or Dog Park. Mayor DeBoer expressed need for daytime volunteers for the First Aid Squad.

Mayor DeBoer opened the meeting to public. There was no one from the public who wished to come forward. The Committee thanked the High Point Regional High School Representatives for their attendance and a great presentation.

Mayor DeBoer adjourned the work session and took a brief 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.

REPORTS

Mr. Parrott seconded to approve the following reports for filing:

Report of the Tax Collector for the month of August 2007
Report of the Construction Office for the month of August 2007
Report of the Board of Health for the month of August 2007
Report of the Registrar of Vital Statistics for the month of August 2007
Report of the Municipal Clerk for the month of August 2007

RESOLUTIONS

Mr. Parrott moved to approve Payment of Bill for the meeting of September 13, 2007.
Mr. Space seconded the motion. Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Parrott moved to approve John Wyckoff as the Plumbing Inspector of Wantage Township in accordance with the Rules and Regulations of the New Jersey Department of Personnel.
Mr. Space seconded the motion. Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Parrott moved to adjust the official retirement date of Nicholas Frasche to the date of July 4, 2008. Mr. Space seconded the motion. Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Parrott moved to Accepting the completion of the contract for Utility Improvements at Woodbourne Park Phase IV for Maple Construction Co., Inc., in accordance with the recommendation of the Township Engineer dated September 5, 2007. Mr. Space seconded the motion. Upon roll call,
Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Parrott moved to approve the Soil Removal License for 565 Land Development on Block 117 Lot 38.01, in accordance with the recommendation of the Wantage Township Land Use Board dated August 22, 2007. Mr. Space seconded the motion. Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Parrott moved to endorse the Green Acres, Farmland, Blue Acres and Historic Preservation Bond Act of 2007. Mr. Space seconded the motion. Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Parrott moved to authorize the refund of a septic permit overpayment in the amount of $150.00 to Billy Hodges for Block 138 Lot 1.02. Mr. Space seconded the motion. Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Parrott moved to authorize the refund of a tank removal permit which is not needed, in the amount of $50.00 to Tank Masters, Inc., for Block 505 Lot 16 (Sussex Borough property lot).
Mr. Space seconded the motion. Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Parrott moved to authorize the refund of a tax overpayment in the amount of $1,970.47 to Option One Mortgage, for Block 133, Lot 17.03. Mr. Space seconded the motion. Upon roll call,
Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Parrott moved to assign Tax Sale Certificate #06-08 in the amount of $482.01 to Ernest Hemschott, III, for Block 102 Lot 1. Mr. Space seconded the motion. Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Parrott moved to assign Tax Sale Certificate #06-04 in the amount of $994.26 to Ernest Hemschott, III, for Block 79 Lot 2. Mr. Space seconded the motion. Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Parrott moved to approve a Tax Refund – Interest on Taxes in the amount of $23.51 to Ms. Dawn Mungo, for Block 56 Lot 5. Mr. Space seconded the motion. Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Parrott moved to offer endorsement of the Mayor and Committee of the Township of Wantage for the Preliminary approval of applications in Wantage Township for the 2008 Farmland Preservation Program, entitled the 2008 County Easement Purchase Funding Round. Mr. Space seconded the motion. Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

ADMINISTRATOR’S REPORT

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

Construction Department Interlocal Budget for 2008:
Mr. Doherty informed the Committee that the Township’s contract with Sussex makes it necessary that Wantage Township provide Sussex with proposed costs of the 2008 interlocal construction department during the month of October 2007. The staffing pattern being suggested would amount an approximate 7.5% budget increase, and; therefore, a 7.5% fee increase to Sussex Borough. Mr. Doherty asked the Committee to please review the proposed 2008 contract, so he will be able to provide Sussex Borough with their cost figures in a timely fashion. The Committee agreed by consensus that Mr. Doherty present the proposed 2008 contract to Sussex Borough.

Lake Neepaulin Dam:
Mr. Doherty informed the Committee that the request by FOLN for co-signing a NJDEP Loan deserves to be given further consideration since private lake associations throughout the State and through the nation, do not have the money to make the DEP required dam repairs. The low interest loans offered by the State are the only funding available if the lake is to stay in existence. Mayor DeBoer requested that this be revisited at the next meeting.

Pre-petition Meeting Request:
Mr. Doherty informed the Committee that a meeting has been set up for October 9 at 9:30 a.m. with Office of Smart Growth to discuss Center designation process.

Request for Ordinance for beer keg registration:
Mr. Doherty advised the Committee that the Governor’s Council on Alcoholism and Drug Abuse sent a letter dated 8/20/07, recommending all towns enact a local beer keg registration ordinance to help prevent underage drinking.

Soil Erosion and Sediment Control:
Mr. Doherty reported progress on the Township’s plan to relinquish control of soil erosion and sediment control to the County.

Request for Partial Refund of Land Use Application Fee:
Mr. Doherty informed the Committee that 565 Land Development LLC has requested a portion of their Land Use Application fee be refunded to them. The next meeting of Land use Board is on 9/18/07. The Committee will give consideration to this request at the 9/27/07 Committee meeting after hearing from the Land Use Board regarding the merits of the request.

Offer to Donate Land:
Mr. Doherty informed the Committee that Mr. Turro of LVAJ has offered to donate a 3-acre parcel of land to the Township for open space preservation. The Committee requested to receive input from the Open Space Advisory Committee prior to making a decision.

Lewisburg Road:
Mr. Doherty asked the Committee to see input from a resident wishing the road to be paved. Very few if any houses are located along that stretch. The Township Engineer is looking into the cost of oil and stone for the 2008 budget. The road department is looking into addressing the short-term immediate concerns which can be accomplished within this year’s budget balances to control dust.

Wantage Dog Park Association:
Mr. Doherty asked the Committee to address a question raised by the Wantage Dog Park Association. The question was raised that if the members of the Wantage Dog Park Association were named as a sub-committee of the Wantage Township Recreation Commission, would they be afforded the same blanket liability coverage as any other member of a Wantage Township Committee or Commission. Mr. Garofalo stated that they would be afforded the same protection, but no individual is exempt from being sued by another individual, regardless of any blanket coverage provided. The Committee will address the merits of forming a sub-committee at a later date.

ATTORNEY’S REPORT

Mayor DeBoer requested Mr. Garofalo to give the Attorney’s report.

Mr. Garofalo informed that he would address legal issues as they arise during discussion of agenda items this evening.

COMMITTEE REPORTS

Mr. Parrott informed the Committee that he has presented copies of the SCMUA’s report regarding the affects of the 300 foot buffer zone along waterways. He feels it is one of the best reports he has seen on the subject and offered copies to any interested member of the public.

Mayor DeBoer passed along a request he received from a resident to post speed limit signs on Essex Road as well as a children at play sign. Mr. Doherty reported that he believes the speed limit signs have recently been posted.

OLD BUSINESS

Crigger Road Off Road Vehicle/Noise Concerns

Ms. Lisa Stevens has requested an audience before the governing body to discuss the concerns which have been raised by neighbors concerning noise generated from the recreational use of off road vehicles on their property. The governing body has also received a letter dated 8/17/07 from Jean Ann Jaeger of 39 Crigger Road, with respect to this issue.

Lisa and Greg Stevens, 187 Nielson Road, gave a brief presentation regarding the use of their property for riding dirt bikes. Mrs. Stevens presented the Committee with documentation, including pictures of the track located on their property and a tax map showing her home in comparison to the neighbors who had lodged a complaint in the Wantage Township Municipal Court. The Committee welcomed Mr. and Mrs. Stevens for taking the opportunity to give their version of recent events regarding noise complaints generated from their property. Mrs. Stevens expressed her desire to work out a compromise and outlined all that she and her husband have done to minimize the noise concerns.

A lengthy discussion ensued between the Stevens, Mr. Padalino, 43 Crigger Road, Mr. Sipinick, 51 Crigger Road, and other neighbors. The Stevens reported that the Sunday rides from 3:00 pm to 5:00 or 6:00 pm is what they believed neighbors would prefer rather than intermittently all weekend long. Mr. Garofalo reminded the public that when any resident has a complaint, the public session of the Governing Body’s meeting is the correct format to air those concerns. Mr. Garofalo further informed the public that although the Committee can hear complaints and give each resident an opportunity to present their version of a specific situation to broker a compromise, any compromise reached cannot be enforced by the Committee. After all residents were given a chance to speak, Mayor DeBoer asked the residents to try and come to some agreement between themselves which would allow the Stevens to enjoy their property for the reason it was purchased as well as having neighboring residents do the same.

Sign Ordinance

Discussion continued from the August 22 Special Meeting, regarding a proposed amendment to the Wantage Township Zoning Ordinance dealing with the regulation and placement of signs. General review and consideration took place regarding a draft proposed amendment presented by the Land Use Board. No action was taken at this time.

Dog Pound Expansion

Mr. Space moved to award contract to Zitone Construction of Montague, NJ for the Kennel Addition Project in the amount of $78,780.00. Mr. Parrott seconded the motion. Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Doherty explained to the Committee that he would like to enclose the dog runs with sound absorbing material to help minimize the noise levels, which would involve minimal cost. The Committee agreed to Mr. Doherty’s suggestion.

NEW BUSINESS

Final Hearing of Ordinance 2007-10: Zoning Violations

Mayor DeBoer asked for a motion to adopt on final reading Ordinance 2007-10, entitled “AN ORDINANCE TO AMENDING CHAPTER 13 OF THE GENERAL ORDINANCES OF TOWNSHIP OF WANTAGE ENTITLED “ZONING”, SPECIFICALLY §13-26 ENTITLED “VIOLATIONS”. So moved by Mr. Parrott, seconded by Mr. Space.

Mayor DeBoer opened the meeting to the public for comments relative to the above ordinance.

Anne Smulewicz, 108 Route 23, spoke in opposition to this proposed Ordinance.

Clara Nuss, 29 Beemer Road, expressed concern regarding some of the wording in the Ordinance.

William Gettler, 98 Gemmer Road, expressed concern with wording within the Ordinance.

As there was no one else from the public who wished to come forward, Mayor DeBoer closed the meeting to the public.

The Committee agreed by consensus to revisit the ordinance at a future meeting of the Governing Body, on the date of October 11, 2007.

Final Hearing of Ordinance 2007-11: Outdoor Furnaces

Mayor DeBoer asked for a motion to adopt on final reading Ordinance 2007-11, entitled “AN ORDINANCE REGULATING THE INSTALLATION AND USE OF OUTDOOR FURNACES”. So moved by Mr. Space, seconded by Mr. Parrott.

Mayor DeBoer opened the meeting to the public for comments relative to the above ordinance.

Chris Vander Groef, 139 Holland Road spoke in opposition to the proposed Ordinance.

Charles Fronheiser, Sussex Borough, spoke in opposition to the proposed Ordinance.

John Myslinski, 149 Mt. Salem Road, spoke in opposition of the proposed Ordinance

Tim Snure, 150 Mt. Salem Road, spoke in opposition of the proposed Ordinance.

Billie Aikens, 147 Mt. Salem Road, spoke in favor of the proposed Ordinance.

William Gettler, 98 Gemmer Road, spoke in opposition to the proposed Ordinance.

Mr. Ed Vander Berg, Wantage Township Construction Official, pointed out that it is illegal in the State of New Jersey to use an outdoor furnace as the sole source or primary source of heat for a residence.

Several residents expressed the belief that regulating the height of the smoke stacks according to manufacturer’s instructions would address the concerns brought to the Committee regarding excess smoke. The Committee was invited to visit the home on 149 Mt. Salem Road to gauge how much smoke an outdoor furnace emits. Mr. Gettler informed the Committee that he believed there was an incorrect citation in the ordinance.

As there was no one else from the public who wished to come forward, Mayor DeBoer closed the meeting to the public.

The Committee agreed to revisit this ordinance at a future meeting of the Governing Body, on the date of October 11, 2007

Introduction of Ordinance 2007-12: Amending Bond Ordinance
Mr. Parrott moved to introduce ordinance 2007-12, entitled “BOND ORDINANCE AMENDING SECTION 3 AND SECTION 5(b) OF BOND ORDINANCE NUMBERED 2007-08 OF THE TOWNSHIP OF WANTAGE, IN THE COUNTY OF SUSSEX, NEW JERSEY FINALLY ADOPTED MAY 10, 2007”. Final Hearing date scheduled for September 27, 2007. Mr. Space seconded the motion. Upon roll call,
Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Introduction of Ordinance 2007-13: Mudtown Road Speed Limit
Mr. Space moved to introduce ordinance 2007-13, entitled “AN ORDINANCE ESTABLISHING SPEED LIMITS FOR MUDTOWN ROAD”. Final Hearing date scheduled for September 27, 2007. Mr. Parrott seconded the motion. Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Request of NORWESCAP: Small Cities Grant Program
Review and consideration was given to a request dated August 10, 2007 from NORWESCAP, regarding a grant application to NJDCA for emergency housing repairs. The grant will be administered by NORWESCAP; will provide approximately $5,000 assistance to 10 residences in Wantage Township; will not result in any cost to Wantage Township Taxpayers, but an approving municipal resolution is required for this grant application.

Mr. Parrott moved to approve a grant application for a Small Cities Grant Program to be administered by NORWESCAP for emergency housing repairs. Mr. Space seconded the motion. Upon roll call,
Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Approval of Minutes
Mr. Space made a motion to approve the minutes of the meeting of the Wantage Governing body held on August 9, 2007 and the Special Meeting held on August 22, 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.

A resident presented the Committee with DEP regulations regarding outdoor furnaces.

Chester Poch, 100 Moore Road, asked what the Township has decided to do regarding gypsy moth problems. Mr. Poch was informed of the Committee’s decision not to budget any money for 2007 since spraying the two areas identified in the State’s 2006 egg mass survey would not have protected the entire Township from being infested. Mr. Doherty informed Mr. Poch that Wantage Township has requested to be included in the next egg mass survey. Wantage Township has also requested that the State provide funding for this problem as it is a State-wide problem which individual municipalities cannot afford to solve.

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

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, Space Nays: None Absent: Parrott Abstain: None

Mayor DeBoer declared this meeting to be adjourned.

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James R. Doherty, Administrator/Clerk