December 11, 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 DECEMBER 11, 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.

PRESENTATION
Mayor Space read a proclamation honoring H. William Sytsema for being named the “Outstanding Young Farmer for the State of New Jersey”.

Mayor Space, Mr. DeBoer and Mrs. Nuss thanked Mr. Sytsema for his hard work and explained to the public how important farming remains in Sussex County and stated how proud Wantage Township is to have Mr. Sytsema as a representative in the national competition to be held in February 2009. All present showed their appreciation with a warm round of applause for Mr. Sytsema.

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 December 2, 2008 from Caroline Wagner, expressing support for the dam repairs and special assessment authorized by Ordinance 2008-16
• Letter dated December 6, 2008 from Daniel Sieri, expressing disagreement with the dam repairs and special assessment authorized by Ordinance 2008-16
• Letter dated December 8, 2008 from Joyce Palmer, expressing disagreement with the dam repairs and special assessment authorized by Ordinance 2008-16
• E-mail dated 11/14/08 from Hank Sharp, expressing disagreement with the dam repairs and special assessment authorized by Ordinance 2008-16
• E-mail dated 11/14/08 from James Valentine, expressing disagreement with the dam repairs and special assessment authorized by Ordinance 2008-16

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 November 2008
• Municipal Clerk Report for November 2008
• Registrar Report for November 2008
• Board of Health Report for November 2008
• Tax Collector Report for November 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 the following applications.

• Bingo Application BA09-01 from Beemerville Fire Department for bingo games to be held on various dates during the year 2009
• Raffle Application RA 09-02 from Wildcat Booster Club of High Point High School to conduct an Off Premise 50/50 raffle on May 30, 2009
• Raffle Application RA 09-03 from High Point Hockey Club to conduct an Off Premise 50/50 raffle on February 20, 2009

Mr. DeBoer seconded the motion. Upon roll call,

RESOLUTIONS
Mrs. Nuss made a motion to approve Payment of Bills for the meeting of December 11, 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 approve Transfer Resolution dated December 11, totaling $35,000.00. 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 release of Security Bond No 929242000 from United Properties, Inc., in the amount of $24,120.00 as per recommendation from Township Engineer. 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 refund of various tax overpayments as per resolution dated December 11, 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 refund of $1,000 to Lien Times LLC for overpayment of tax lien on Block 17 Lot 24. 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 release of $300 to Brink Road Builders, Inc. for refund of escrow application fee on Block 133 Lot 17 and 18. 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 release of soil erosion bond S-08-05 in the amount of $2,500 to William Romash and Joe Maggio on Block 15 Lot 10.03. 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 submittal of a SHARE Grant application with Sussex Borough for $5,656, to pay for the costs of upgrading the court recording system and installing a public address system in the courtroom. 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 Mayor and Clerk to sign the 2009 Interlocal Services Agreement with Montague Township for animal control and pound services. 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 Mayor and Clerk to sign the 2009 Interlocal Services Agreement with Hamburg Borough for animal control and pound services. 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 authorize the Mayor and Clerk to sign the 2009 Interlocal Services Agreement with Franklin Borough for animal control and pound services. 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 Change Order No. 1 for the project entitled “Paving Parking Lot At Woodbourne Park”, representing a reduction of $257.78 from the original contract amount. 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 the project entitled “Paving Parking Lot At Woodbourne Park”, as per recommendation of Township Engineer dated November 25, 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 Change Order No. 1 to the contract with Denville Line Painting for the Central School Road Section II Improvement project, representing a net reduction of $12.50 from the original contract price. 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 Change Order No. 1 to the contract with Reclamation of Kingston, LLC, for the Central School Road Section II Improvement project, representing a net reduction of $2,094.73 from the original contract price. Mr. DeBoer seconded the motion. Upon roll call, Ayes: DeBoer, Nuss, Space Nays: None. Absent: None Abstain: None.

LAKE NEEPAULIN DAM ASSESSMENT
At this time Mr. Doherty deferred his Administrator’s Report to recognize the many members of the public who wished to be heard regarding the special assessment for repairs to the Lake Neepaulin Dam.

Mr. Doherty gave a brief overview regarding the history of events which have transpired before opening the meeting to the public.

Mr. Doherty explained that in January 2007, FOLN informed the Committee that the DEP is requiring repairs consistent with their current standards or a removal of the dam at Lake Neepaulin. At first the Committee treated this issue as it has treated previous similar issues by informing FOLN that the Lake is considered private property, and it has always been the Committee’s expectation that private property owners will perform their own repairs, and that it is not the responsibility of Wantage taxpayers. The Committee, however, did offer to help in any way they could. In March 2007 a newsletter was mailed to the entire community which included the plight of the dam, and recreation facilities were offered for any fund raising activities that FOLN wished to undertake. From March through September FOLN submitted additional information including a statement that the NJDEP would not offer any more extensions to become compliant. Individual research efforts by members of the governing body indicated that there would be negative impact on fire fighting efforts, performance of wells, property values and environmental issues if the Dam were to be removed. At that time FOLN asked the Committee if they would be willing to co-sign a low interest long-term loan application. The Committee revisited their position, and it was determined that a special assessment represented the option with the most benefit and least damage to Wantage Township, and that it would be proper to co-sign the loan application. The Committee directed Mr. Doherty to hold a special meeting for residents to come out and express their concerns prior to making this decision.

That meeting was finally scheduled for November 12, 2007. FOLN offered to contact the Lake Neepaulin community by word of mouth. Mr. Doherty contacted the newspapers to advertise the special meeting. It was posted on the outside bulletin board, on the Township website, and word was given to news reporters. Although there was a significant turnout at the November 12 meeting, Mr. Doherty apologized to those who feels he did not get enough notice out.

Mayor Space first spoke regarding what a difficult decision it was, but in the long run feels that it is the best decision for the entire Township for safety, economic and environmental reasons. Mr. DeBoer agreed and explained that other municipalities have handled similar situations in the same manner as Wantage has been proceeding. Mrs. Nuss explained that she feels the residents required to pay the special assessment would see greater losses than the cost of the assessment if the dam is not maintained.

At this time Mayor Space opened the meeting to the public.

Karen Merritt, 31 Alpine Road was the first to speak against the special assessment and handed Mayor Space a petition which she provided to Mr. Doherty. Other residents who spoke against the special assessment were: Warren Wisse, 7 Valley View Trail; Nicholas Luciano, 7 Old Clove Road; William Gettler, Gemmer Road; Jeannette Weaver, 62 Alpine Road; Cathleen Gorman, 53 Fernwood Road; Rocco Russo, 11 South Shore Drive; Eileen Finigan, 143 Old Clove Road; and Lou Hawkins, 3 Valley View Trail. Some residents stated that they have been in touch with representatives of various agencies regarding information contrary to what has been presented to the Wantage Township Committee to date. Mr. Doherty asked for those names so he could perform follow up inquiries should the Committee make such a request.

Mr. Gettler alleged that the Township did not advertise the special meeting held on November 12, 2007. Mr. Garofalo informed Mr. Gettler that all special meetings in Wantage Township are advertised in the newspaper, even though the law does not specifically require this. Mr. Doherty offered to provide a copy of the proof of publication for the November 12, 2007 meeting as proof that the meeting was advertised. Mr. Gettler requested that Mr. Doherty provide him with that copy.

Residents who spoke for the special assessment included: Tom and Betsy Jable, 142 North Shore Drive.

Michael Garofalo, Township Attorney, and Elizabeth Born, Attorney for FOLN, informed the Committee that according to New Jersey State Statutes, Wantage Township is not permitted to charge the entire township for the improvement to the Lake Neepaulin Dam. The public was further informed that any lien for unpaid assessments is treated the same as a lien for unpaid property taxes. Once a property is sold, the assessment is taken over by the new owner. Mr. Doherty informed the Committee that Tax Assessor, Melissa Rockwell, is currently in the process of determining which properties, according to New Jersey State Statutes, will be required to pay the special assessment for the improvement to the Lake Neepaulin Dam. Ms. Rockwell must adhere to the state statute regarding those properties benefiting from the improvement regardless of public opinion.

Mr. Doherty handed Mr. Gettler a copy of the proof of publication from the New Jersey Herald Newspaper showing the advertisement of the November 12, 2007 special meeting, per his request earlier in the meeting.

Mayor Space thanked every one for offering their views and input, and explained that the Committee has other business to accomplish this evening. Mayor Space closed the meeting to the public at 9:12, and requested a brief recess.

ADMINISTRATOR’S REPORT

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

Status of Sussex Airport:
Mr. Doherty reported that he met with representatives of the NJ Department of Transportation yesterday to discuss Sussex Airport and found out there is no danger that this site might be sold to a private developer who would construct homes, or for that matter ever be used for anything other than an airport. Mr. Doherty reported that performing a feasibility study would be at no cost to the Township and would be covered under a grant from the NJDOT. If received, Mr. Doherty suggested the Mayor appoint a Mayor's Advisory Committee to study the pros and cons of this project. Mr. Doherty suggested this committee should have a member of the business community, a representative from the County Chamber of Commerce, a representative from the Board of Health, the Recreation Commission, the Construction Official and a representative of the Land Use Board. Mr. Doherty will revisit this issue once he has heard back regarding funding for the study.

Request for Release of Executive Session minutes:
A resident has requested the release of executive session minutes from the meetings of the Mayor and Committee of the Township of Wantage held on August 14 and September 25, 2008. Both of these executive session minutes involve discussions concerning the builders remedy lawsuit with CJS, which has now been settled. Mr. Garofalo informed the Committee the settlement with CJS has not yet been completed and those minutes should not be released at this time.

Blair Road Swap:
Mr. Doherty informed the Committee that the installation of an inexpensive drainage system is presently being coordinated to complete this transaction to the satisfaction of the County of Sussex.

Increasing Bid Threshold and Naming Qualified Purchasing Agent:
Mrs. Nuss made a motion to appoint James R. Doherty as Qualified Purchasing Agent and to increase Wantage Township’s bid threshold to $29,000, as per the following resolution:

RESOLUTION INCREASING BID THRESHOLD AND APPOINTING A QUALIFIED PURCHASING AGENT, PURSUANT TO N.J.S.A. 40A:11-3a AND N.J.A.C. 5:34-5 ET. SEQ.

WHEREAS, the Local Public Contracts Law provides local contracting units with the ability to increase their bid threshold up to $29,000.00; and

WHEREAS, N.J.S.A. 40A:11-3a, permits an increase in the bid threshold if a Qualified Purchasing Agent is appointed, as well as grants the authorization to negotiate and award such contracts below the bid threshold; and

WHEREAS, N.J.A.C. 5:34-5 et. seq. establishes the criteria for qualifying as a Qualified Purchasing Agent; and

WHEREAS, James R. Doherty possesses the designation of Qualified Purchasing Agent as issued by the Director of the Division of Local Government Services in accordance with N.J.A.C. 5:34-5 et. seq.; pursuant to correspondence received from the Director dated November 25, 2008 approving Township Administrator Doherty’s application; and

WHEREAS, the Township of Wantage desires to take advantage of an increased bid threshold;

NOW THEREFORE BE IT RESOLVED, that the Mayor and Committee of the Township of Wantage, in the County of Sussex, State of New Jersey hereby increases its bid threshold to $29,000.00; and

BE IT FURTHER RESOLVED, that the Mayor and Committee of the Township of Wantage, in the County of Sussex, State of New Jersey hereby appoints James R. Doherty as the Qualified Purchasing Agent to exercise the duties of a purchasing agent pursuant to N.J.S.A. 40A:11-2(30) with specific relevance to the authority, responsibility, and accountability of the purchasing activity of the Township of Wantage, and

BE IT FURTHER RESOLVED, that in accordance with N.J.A.C. 5:34-5.2 the municipal clerk is hereby authorized and directed to forward a certified copy of this resolution and a copy of Mr. Doherty’s certification to the Director of the Division of Local Government Services.

Plan Endorsement Citizen Advisory Committee Appointment:
Mr. Doherty reported that this item will be re-advertised for special meeting on December 29, 2008.

Traffic Concerns at Intersection of Route 23 and Mudtown Road:
Mr. Doherty asked the Committee to see input from NJ Department of Transportation. The DOT does not recommend a traffic light and gave a few suggestions which the Committee will review.

Amendment to Development Fee Ordinance:
Mr. Doherty informed the Committee that the Township’s original Developer Fee Ordinance states a 1% fee for residential and commercial properties. New guidelines suggest that residential be 1.5% and commercial be 2.5%. Mr. Doherty presented proposed Ordinance 2008-18 for consideration of introduction.

ORDINANCE #2008-18
Mr. DeBoer made a motion to introduce on first reading Ordinance #2008-18, entitled “AN ORDINANCE CREATING DEVELOPMENT FEES IN THE TOWNSHIP OF WANTAGE, COUNTY OF SUSSEX, STATE OF NEW JERSEY”, with a final hearing scheduled for December 29, 2008. Mrs. Nuss seconded the motion. Upon roll call, Ayes: DeBoer, Nuss, Space Nays: None. Absent: None Abstain: None.

Request For 4-Way Stop Sign at Crigger and Neilson:
Mr. Doherty asked the Committee to see input from Township attorney and engineer and revisit at a future date.

Request for Bicycle Pump Track:
Mr. Doherty informed the Committee that he has sent this proposal to Wantage Township’s insurance carriers for their input regarding liability exposure.

Recreational Vehicle Ordinance Amendment:
Mr. Doherty asked the Committee to see a proposed Ordinance from Land Use Board, for further consideration in the future.

Request For Executive Session:
Mr. Doherty requested an executive session to discuss the possibility of entering into negotiations with CJS Investments for the Open Space preservation of the site on Lower Unionville Road.

ATTORNEY’S REPORT
Mayor Space requested Mr. Garofalo present the Attorney’s report. Mr. Garofalo had nothing new to report.

COMMITTEE REPORTS: None.

NEW BUSINESS

Approval of Minutes
Mrs. Nuss made a motion to approve the Regular meeting minutes of the Wantage governing body held on November 13, 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.

William Gettler, Gemmer Road, attempted to engage the governing body in further discussion regarding the issue of the Lake Neepaulin Dam. Mr. Doherty reminded the Committee that the governing body closed the meeting to the public on this issue, and that Mr. Doherty had promised many residents who have already left the meeting that this issue would not be further discussed this evening. Mr. Doherty suggested it would not be fair to entertain any more concerns regarding the Dam this evening without the rest of the public being present.

Craig Coykendall, Ann Marie Lane, asked the Committee what has transpired regarding Ms. Nuss’ suggestions regarding leased vehicles, a GPS system and a time clock. Mr. Coykendall was informed that these issues will be addressed at 2009 budget work sessions.

Mr. Gettler asked what Wantage Township is doing to lower the 2009 budget. Mr. Gettler was informed that the 2009 budget work sessions shall be open to the public.

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: “Negotiations – Open Space Acquisition, Lower Unionville Road”. 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