August 14, 2008

MINUTES OF 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 AUGUST 14, 2008

Mayor Parker Space 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 Space, Committee members DeBoer and Nuss. The following member was absent: None. Also present Township Attorney, Michael Garofalo

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

CONSENT AGENDA
Mayor Space 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 Space requested approval of the Consent Agenda.

CORRESPONDENCE
Mrs. Nuss made a motion to approve the following correspondence for filing.

• Letter dated July 16, 2008, from Beth Rini of 61 South Shore Drive, expressing support for the Township of Wantage’s efforts to work with the Friends of Lake Neepaulin to rehabilitate the Lake Neepaulin Dam.
• Letter dated July 22, 2008, from Robert Wagner, Resident of Lake Neepaulin, expressing support for the Township of Wantage’s efforts to work with the Friends of Lake Neepaulin to rehabilitate the Lake Neepaulin Dam.
• Letter dated July 16, 2008 from Craig U. Dana, confirming interest in serving as the Judge for the Joint Court System of Wantage and Sussex.
• Letter dated July 23, 2008 from Michael J. Hanifan, expressing interest in serving as the Municipal Prosecutor for the Joint Court System of Wantage and Sussex.

Mr. DeBoer seconded the motion. Upon roll call, Ayes: DeBoer, Nuss, Space. Nays: None. Absent: None. Abstain: None.

REPORTS
Mrs. Nuss made a motion to approve the following reports for filing.

• Construction Department Report for July 2008
• Municipal Clerk Report for July 2008
• Registrar Report for July 2008
• Board of Health Report for July 2008
• Tax Collector Report for July 2008

Mr. DeBoer seconded the motion. Upon roll call, Ayes: DeBoer, Nuss, Space. Nays: None. Absent: None. Abstain: None.

APPLICATIONS
Mrs. Nuss made a motion to approve Raffle License Application RA08-22, for the Rotary Club of Wallkill Valley to conduct an Off Premise 50/50 raffle on December 18, 2008 at Bella Vita Restaurant. Mr. DeBoer seconded the motion. Upon roll call, Ayes: DeBoer, Nuss, Space. Nays: None. Absent: None. Abstain: None.

Mrs. Nuss made a motion to approve Raffle License Application RA08-23, for the Ladies Auxiliary of the Beemerville Fire Department to conduct an Instant Raffle (pull of tickets) from September 1, 2008 through August 31, 2009. Mr. DeBoer seconded the motion. Upon roll call, Ayes: DeBoer, Nuss, Space. Nays: None. Absent: None. Abstain: None.

RESOLUTIONS
Mrs. Nuss made a motion to approve Payment of Bills for the meeting of August 14, 2008. Mr. DeBoer seconded the motion. Upon roll call, Ayes: DeBoer, Nuss, Space. Nays: None. Absent: None. Abstain: None.

Mrs. Nuss made a motion to authorize the refund of $5,600.00 to R. Rothman, for a tax sale premium on Block 44.05 Lot 3. Mr. DeBoer seconded the motion. Upon roll call, Ayes: DeBoer, Nuss, Space. Nays: None. Absent: None. Abstain: None.

Mrs. Nuss made a motion to authorize the refund of $12,548.05 to G. Haralambobopolous, for driveway bond 2008-DW-01, associated with Block 129 Lot 4.07. Mr. DeBoer seconded the motion. Upon roll call, Ayes: DeBoer, Nuss, Space. Nays: None. Absent: None. Abstain: None.

Mrs. Nuss made a motion to authorize the refund of $600.00 Raffi Arslanian, Forum Homes, for a stream encroachment permit fee which was not applied for, associated with the block 113 Lot 11.01. Upon roll call, Ayes: DeBoer, Nuss, Space. Nays: None. Absent: None. Abstain: None.

Mrs. Nuss made a motion to authorize the refund of $5,379.28 to Wantage Cem-Greenberg Traurig, for overpayment due to County Tax Appeal. Mr. DeBoer seconded the motion. Upon roll call, Ayes: DeBoer, Nuss, Space. Nays: None. Absent: None. Abstain: None.

Mrs. Nuss made a motion to authorize the refund of $4,874.34 to Wantage Cem-Greenberg Traurig, for overpayment due to County Tax Appeal, associated with Block 22 Lot 13. Mr. DeBoer seconded the motion. Upon roll call, Ayes: DeBoer, Nuss, Space. Nays: None. Absent: None. Abstain: None.

Mrs. Nuss made a motion to authorize the refund of $300.39 to Toll Land XVI, LP, for overpayment due to County Tax Appeal, associated with Block 21 Lot 34. Mr. DeBoer seconded the motion. Upon roll call, Ayes: DeBoer, Nuss, Space. Nays: None. Absent: None. Abstain: None.

Mrs. Nuss made a motion to authorize the refund of $252.03 to Toll Land XVI, LP, for overpayment due to County Tax Appeal, associated with Block 21 Lot 33.02. Mr. DeBoer seconded the motion. Upon roll call, Ayes: DeBoer, Nuss, Space. Nays: None. Absent: None. Abstain: None.

Mrs. Nuss made a motion to authorize the refund of $1,813.61 to Alvin Jacobus & Matilde Vargas for a tax overpayment, associated with Block 118 Lot 3.03. Mr. DeBoer seconded the motion. Upon roll call, Ayes: DeBoer, Nuss, Space. Nays: None. Absent: None. Abstain: None.

Mrs. Nuss made a motion to authorize the refund of $834.75 to Shirley Keenan, for a 2007 Homestead Rebate, associated with Block 14 Lot 16.06. Upon roll call, Ayes: DeBoer, Nuss, Space. Nays: None. Absent: None. Abstain: None.

Mrs. Nuss made a motion to express preliminary support and approval for the 2008 Sussex County application for farmland preservation within Wantage Township. Mr. DeBoer seconded the motion. Upon roll call, Ayes: DeBoer, Nuss, Space. Nays: None. Absent: None. Abstain: None.

Mrs. Nuss made a motion to amend Resolution enumerating claims which may be paid in between committee meetings, to include Consolidation Study Commission invoices. Mr. DeBoer seconded the motion. Upon roll call, Ayes: DeBoer, Nuss, Space. Nays: None. Absent: None. Abstain: None.

Mrs. Nuss made a motion to approve Retail Liquor License Extension to Trustee Application of the Tara Inn, LLC, License 1924-33-003. Mr. DeBoer seconded the motion. Upon roll call, Ayes: DeBoer, Nuss, Space. Nays: None. Absent: None. Abstain: None.

Mrs. Nuss made a motion to approve Person-to-Person Transfer of Liquor License 1924-33-008-005 from Licata, LLC to Jersey Innovative Investments, LLC trading as Wantage Plaza Liquor Outlet, effective August 18, 2008. Mr. DeBoer seconded the motion. Upon roll call,
Ayes: DeBoer, Nuss, Space. Nays: None. Absent: None. Abstain: None.

Mrs. Nuss made a motion to revise the Bond Reduction Authorization for Fieldstone Ridge (Beazer Homes), in accordance with the Recommendation of the Wantage Township Engineer Harold Pellow dated August 13, 2008. Mr. DeBoer seconded the motion. Upon roll call, Ayes: DeBoer, Nuss, Space. Nays: None. Absent: None. Abstain: None.

ADMINISTRATOR’S REPORT
Mayor Space requested Mr. Doherty present the Administrator’s report.

Mr. Doherty reported that the car wash for Boy Scout Troup 84 was so successful that they are requesting another car wash be held at the Wantage Township Municipal Building on September 6 from 10:00 am to 2:00 pm, rain date September 20, 2008. The Committee agreed by consensus.

Mr. Doherty reported that the Tax Clearance Certificate for renewal of the Tara Inn liquor license came four days too late. The Tara Inn is awaiting special consideration from the Director of the Division of Alcoholic Beverage Control. All local fees and applications are otherwise complete.

Mr. Doherty reported that Mr. Maione has been contacted as a result of recent requests from residents of Clove Hill Manor for completion of final paving within their development. Mr. Maione feels it would be in the best interest of all Clove Hill Manor residents if he conforms to the terms of the developers’ agreement which states that paving will be completed when construction is completed. Mr. Maione stated that he can perform the final paving now, but any damage caused by further development will be at the expense of Clove Hill manor residents. Mr. DeBoer asked if there was a deadline date in the developers’ agreement. He was informed that there is not.

Mr. Doherty reported that the North Jersey Municipal Benefit Fund, (NJMFB), indicates that our membership is up for renewal for the next three year period for Wantage Township’s health and dental coverage. A brief discussion ensued regarding the ability to change benefits in order to find further tax benefits for our residents. Mr. Doherty informed the Committee that the NJMFB only acts as a broker and further gives the Township the ability to insure our three retirees who will be receiving health benefits for the remainder of their lives. The Township can change coverage within the NJMFB for employees at any time contractually permissible.

Mrs. Nuss made a motion to renew membership in the North Jersey Municipal Benefit Fund for a three year period.

Mr. DeBoer seconded the motion. Upon roll call, Ayes: DeBoer, Nuss, Space. Nays: None. Absent: None. Abstain: None.

The entire Committee voiced their opposition to this mandate. Mr. Doherty further informed the Committee that he attended a meeting with the Sussex, Warren, and Hunterdon County League of Municipalities and other municipalities feel exactly the same way. Mr. Doherty advised that Wantage Township should say no to this mandate, even if it means withholding payment of the assessment and having it withheld from state aid figures. Mr. Doherty and the Committee agreed it is better to have the state take the funds than hand the money to the State for service which has always been provided and paid through our state taxes.

Mrs. Nuss made a motion to adopt a resolution Opposing State Charge to Municipalities for Costs of NJ State Police. Mr. DeBoer seconded the motion. Upon roll call, Ayes: DeBoer, Nuss, Space. Nays: None. Absent: None. Abstain: None.

Mrs. Nuss made a motion to authorize Mr. Garafalo to file suit with the Council on Local Mandates for requiring payment for state police coverage as an unfunded mandate.
Mr. DeBoer seconded the motion. Upon roll call, Ayes: DeBoer, Nuss, Space. Nays: None. Absent: None. Abstain: None.

ATTORNEY’S REPORT
Mayor Space requested Mr. Garofalo present the Attorney’s report.

Mr. Garofalo informed the Committee that Route 565 Land Development, Block 117 Lot 38.01, Route 565, is requesting a zone change to light industrial. Mr. Garofalo also asked if the meeting could be opened to the public to hear from Mr. Dash as he also has a request he would like the Committee to recommend be forwarded to the Land Use Board for their consideration. The Committee agreed.

Mr. Dash, attorney for the Bicsak property, Block 11 Lot 5 and Block 10 Lots 1.01 and 1.02, asked that the Committee endorse that this property be included in Wantage Township’s
Wastewater Management Plan. Mr. DeBoer explained that through a clerical error, the County inadvertently left this property off their Wastewater Management Plan, but was always intended to be and should be included in Wantage Township’s Wastewater Management Plan.

Mr. DeBoer made a motion to include Block 11 Lot 5 and Block 10 Lots 1.01 and 1.02 in Wantage Township’s vision for Plan Endorsement involving Wastewater Management.
Ms. Nuss seconded the motion. Upon roll call, Ayes: DeBoer, Nuss, Space. Nays: None. Absent: None. Abstain: None.

Mr. Garofalo requested Mr. Dash provide him with a letter regarding his request. Mr. Garafalo requested a brief executive session regarding CJS pending litigation.

Mr. Doherty informed the Committee that Bob Kohle has resigned from the Citizens Advisory Committee for Plan Endorsement.

Mr. DeBoer made a motion to appoint Tom Davis to the Citizens Advisory Committee for Plan Endorsement. Ms. Nuss seconded the motion. Upon roll call, Ayes: DeBoer, Nuss, Space. Nays: None. Absent: None. Abstain: None.

COMMITTEE REPORTS

Mr. DeBoer stated that the First Aid Squad and Fire Department has always had the right to request reimbursement from the State Police for assisting on State Highways, but as a courtesy has never done so. He feels that we have a great deal of research to do before we agree to pay for state police coverage.

Mrs. Nuss stated that in response to a complaint from a resident on Southfield Drive, she would like to have our zoning ordinance looked into regarding storage of registered vehicles in residential areas. Mr. DeBoer will bring her suggestion to the Land Use Board.

Ms. Nuss suggested creating an automatic e-mail system to get information to local residents where residents could automatically get important information regarding Amber Alerts, School Closings and such. No action was taken on this suggestion.

Open Space – Mr. Doherty informed that as a result of receiving an appraisal report indicating value below the cost previously being negotiated, negotiations have ceased to acquire the Forum Homes property adjacent to Woodbourne Park. Forum Homes declined Mr. Doherty’s offer to negotiate at a lower price.

Mr. Doherty reminded the Committee that the Township currently has a bond ordinance in place with respect to that property. The Committee agreed to keep the bond ordinance, which preserves the option of a possible amendment for any future negotiations.

NEW BUSINESS

Final Adoption of Ordinance 2008-07: Municipal Court System
Mr. DeBoer made a motion to adopt on final reading, Ordinance 2008-07, entitled “AN ORDINANCE TO REPEAL SECTION 2-2 OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF WANTAGE ABOLISHING THE MUNICIPAL COURT OF THE TOWNSHIP OF WANTAGE AND ESTABLISHING A MUNICIPAL COURT FOR THE TOWNSHIP OF WANTAGE AND THE BOROUGH OF SUSSEX” Ms. Nuss seconded the motion. Prior to final roll call vote, Mayor Space opened the meeting to the public for any questions or comments with respect to this proposed Ordinance.

Mr. Gettler asked if according to statute, a joint court judge must be appointed by the Governor. Mr. Garofalo advised that the Governor must approve Mr. Dana’s appointment, but sees not reason why he will not. Mr. Gettler voiced his opinion that Interlocal Service Agreements cost Wantage Township Taxpayers.

Since there was no one else from the public who wished to comment on this ordinance, Mayor Space closed the meeting to the public. Upon roll call, Ayes: DeBoer, Nuss, Space. Nays: None. Absent: None. Abstain: None.

Final Adoption of Ordinance 2008-09: Defined Contribution Retirement Program
Ms. Nuss made a motion to adopt on final reading Ordinance 2008-09, entitled “ORDINANCE DETERMINING POSITIONS ELIGIBLE FOR THE DEFINED CONTRIBUTION RETIREMENT PROGRAM”. Mr. DeBoer seconded the motion.

Prior to final roll call vote, Mayor Space opened the meeting to the public for any questions or comments with respect to this proposed Ordinance.

Since there was no one from the public who wished to comment on this ordinance, Mayor Space closed the meeting to the public. Upon roll call, Ayes: DeBoer, Nuss, Space. Nays: None. Absent: None. Abstain: None.

Final Adoption of Ordinance 2008-10: Property Maintenance Code Amendment

Prior to final roll call vote, Mayor Space opened the meeting to the public for any questions or comments with respect to this proposed Ordinance.

Mr. Gettler voiced his opinion regarding the 2006 International Property Code. Mr. Gettler distributed copies of his findings to the Committee. The Committee decided to have Mr. Vander Berg, Wantage Township Construction Code Official, review Mr. Gettler’s comments before adopting this ordinance.

Since there was no one else from the public who wished to comment on this ordinance, Mayor Space closed the meeting to the public.

Ms. Nuss made a motion to table Ordinance 2008-10. Mr. DeBoer seconded the motion. Upon roll call, Ayes: DeBoer, Nuss, Space. Nays: None. Absent: None. Abstain: None.

Final Adoption of Ordinance 2008-11: Salary Amendment, Assessor Dept
Mr. DeBoer made a motion to adopt on final reading Ordinance 2008-11, entitled “ORDINANCE FIXING THE SALARIES OF OFFICERS AND EMPLOYEES OF THE TOWNSHIP OF WANTAGE, COUNTY OF SUSSEX AND STATE OF NEW JERSEY, FOR THE YEAR 2008”. Ms. Nuss seconded the motion.

Prior to final roll call vote, Mayor Space opened the meeting to the public for any questions or comments with respect to this proposed Ordinance.

Mr. Gettler, Ms. Smulewicz and other residents voiced their concern regarding the Assessor’s ability to handle Sussex Borough when she is already performing full-time duties for Wantage Township. Mr. Doherty explained that Ms. Rockwell is an administrative exempt employee who puts in the hours required and is not given compensation or overtime for those hours. Mr. Garofalo informed that Wantage Township cannot legally prohibit a Tax Assessor from working for multiple municipalities. Mr. Doherty explained that all interlocal service agreements result in a premium being paid to Wantage Township, therefore, they are not increasing the cost to Wantage taxpayers. Mr. Doherty invited the public to review any and all of the feasibility studies on file regarding these interlocal service agreements.

Since there was no one else from the public who wished to comment on this ordinance, Mayor Space closed the meeting to the public. Upon roll call, Ayes: DeBoer, Nuss, Space. Nays: None. Absent: None. Abstain: None.

Approval of Minutes
Ms. Nuss made a motion to approve the Regular and Executive Session meeting minutes of the Wantage governing body held on July 10, 2008, as well as the minutes of the meeting held on July 24, 2008 at 9:00 a.m., the meeting held on July 24, 2008 at 7:00 p.m., and the meeting held on July 31, 2008. Mr. DeBoer seconded the motion. Upon Roll call: Ayes: DeBoer, Nuss, Space. Nays: None. Absent: None. Abstain: None.

OPEN PUBLIC SESSION
Mayor Space opened the meeting to the public for any questions or comments.

A resident from Clove Hill Manor agreed that the paving should wait until construction is complete, but did complain that there are many potholes and depressions which need repair. The resident has called the management company and nothing has been done. Mr. DeBoer will speak with Mr. Maione regarding his concerns.

Chris Feoranzo, asked the Committee if they were aware that Sussex may need to pipe water into Sussex Borough for health reasons and asked if the Consolidation Study Commission (CCS) was aware of any extra costs which this may involve. Mr. Doherty stated that he is not familiar with this matter, but will bring it to the CSC. Residents then discussed various matters involving Sussex Borough’s water system, Ms. Nuss’ suggestion for e-mail, and their agreement with the Committee’s position opposing payment for State Police coverage.

Ms. Feoranzo asked if the Mayor would be available October 5 to award a trophy to the winner at the Veteran’s Memorial fund raiser. Mayor Space will be on vacation, but Mr. DeBoer will attend.

Joy Steinbacher, Lake Neepaulin asked Mr. Garofalo if he has an update on the details of the Lake Neepaulin Dam special assessment. Mr. Garofalo will look into this matter.

Mr. Gettler informed the Committee that due to a clerical error, his zoning violations were overturned by an appellate court. With this information he requested his summons be revoked and informed the Committee that he will file suit against Michael Garofalo, Edward Vander Berg and James Doherty. Mr. Gettler distributed documentation to the Committee.

As there was no one else from the public who wished to address the Committee, Mayor Space closed the meeting to the public.

Ms. Nuss 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: “Pending Litigation – CJS Investments”.
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.

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. DeBoer moved to adjourn the meeting. Ms. Nuss seconded the motion. Upon roll call, Ayes: DeBoer, Nuss, Space. Nays: None. Absent: None. Abstain: None.

Mayor Space declared this meeting to be adjourned.

_________________________________
James R. Doherty, Administrator/Clerk